reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877B - Substance use disorder services › Section SECTION SIX - SUBSTANCE USE DISORDER-INFORMATION AND ASSISTANCE SERVICES (REPEALED) › Section 388-877B-0630 - Substance use disorder information and assistance services requiring program-specific certification-Alcohol and drug information school services (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						Chapters
						70.02,
						70.96A,
						71.05,
						71.24,
						71.34,
						74.50 RCW,
						RCW
						 74.08.090,
						43.20A.890, and 42 C.F.R. Part 8.
						WSR 13-12-053, § 388-877B-0630, filed 5/31/13, effective
						7/1/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877B - Substance use disorder services › Section SECTION SIX - SUBSTANCE USE DISORDER-INFORMATION AND ASSISTANCE SERVICES (REPEALED) › Section 388-877B-0640 - Substance use disorder information and assistance services requiring program-specific certification-Information and crisis services (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						Chapters
						70.02,
						70.96A,
						71.05,
						71.24,
						71.34,
						74.50 RCW,
						RCW
						 74.08.090,
						43.20A.890, and 42 C.F.R. Part 8.
						WSR 13-12-053, § 388-877B-0640, filed 5/31/13, effective
						7/1/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877B - Substance use disorder services › Section SECTION SIX - SUBSTANCE USE DISORDER-INFORMATION AND ASSISTANCE SERVICES (REPEALED) › Section 388-877B-0650 - Substance use disorder information and assistance services requiring program-specific certification-Emergency service patrol services (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						Chapters
						70.02,
						70.96A,
						71.05,
						71.24,
						71.34,
						74.50 RCW,
						RCW
						 74.08.090,
						43.20A.890, and 42 C.F.R. Part 8.
						WSR 13-12-053, § 388-877B-0650, filed 5/31/13, effective
						7/1/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877B - Substance use disorder services › Section SECTION SIX - SUBSTANCE USE DISORDER-INFORMATION AND ASSISTANCE SERVICES (REPEALED) › Section 388-877B-0660 - Substance use disorder information and assistance services requiring program-specific certification-Screening and brief intervention services (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						Chapters
						70.02,
						70.96A,
						71.05,
						71.24,
						71.34,
						74.50 RCW,
						RCW
						 74.08.090,
						43.20A.890, and 42 C.F.R. Part 8.
						WSR 13-12-053, § 388-877B-0660, filed 5/31/13, effective
						7/1/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877B - Substance use disorder services › Section SECTION SEVEN - SUBSTANCE USE DISORDER RECOVERY SUPPORT SERVICES THAT REQUIRE PROGRAM-SPECIFIC CERTIFICATION › Section 388-877B-0700 - Substance use disorder recovery support services that require program-specific certification-General (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877B - Substance use disorder services › Section SECTION SEVEN - SUBSTANCE USE DISORDER RECOVERY SUPPORT SERVICES THAT REQUIRE PROGRAM-SPECIFIC CERTIFICATION › Section 388-877B-0710 - Substance use disorder recovery support services that require program-specific certification Agency staff requirements (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877B - Substance use disorder services › Section SECTION SEVEN - SUBSTANCE USE DISORDER RECOVERY SUPPORT SERVICES THAT REQUIRE PROGRAM-SPECIFIC CERTIFICATION › Section 388-877B-0720 - Substance use disorder recovery support services that require program-specific certification-Clinical record content and documentation (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877B - Substance use disorder services › Section SECTION SEVEN - SUBSTANCE USE DISORDER RECOVERY SUPPORT SERVICES THAT REQUIRE PROGRAM-SPECIFIC CERTIFICATION › Section 388-877B-0730 - Substance use disorder recovery support services that require program-specific certification-Supported employment services (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877B - Substance use disorder services › Section SECTION SEVEN - SUBSTANCE USE DISORDER RECOVERY SUPPORT SERVICES THAT REQUIRE PROGRAM-SPECIFIC CERTIFICATION › Section 388-877B-0740 - Substance use disorder recovery support services that require program-specific certification-Supportive housing services (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877C - Problem and pathological gambling services (Repealed) › Section 388-877C-0100 - Problem and pathological gambling services-General (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapters
					 70.02,
					 70.96A,
					 71.05,
					 71.24,
					 71.34,
					 74.50 RCW,
					 RCW
					  74.08.090,
					 43.20A.890, and 42 C.F.R. Part 8.
					 WSR 13-12-053, § 388-877C-0100, filed 5/31/13, effective
					 7/1/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877C - Problem and pathological gambling services (Repealed) › Section 388-877C-0110 - Problem and pathological gambling services-Agency staff requirements (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapters
					 70.02,
					 70.96A,
					 71.05,
					 71.24,
					 71.34,
					 74.50 RCW,
					 RCW
					  74.08.090,
					 43.20A.890, and 42 C.F.R. Part 8.
					 WSR 13-12-053, § 388-877C-0110, filed 5/31/13, effective
					 7/1/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877C - Problem and pathological gambling services (Repealed) › Section 388-877C-0120 - Problem and pathological gambling services-Clinical record content and documentation requirements (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapters
					 70.02,
					 70.96A,
					 71.05,
					 71.24,
					 71.34,
					 74.50 RCW,
					 RCW
					  74.08.090,
					 43.20A.890, and 42 C.F.R. Part 8.
					 WSR 13-12-053, § 388-877C-0120, filed 5/31/13, effective
					 7/1/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-877C - Problem and pathological gambling services (Repealed) › Section 388-877C-0130 - Problem and pathological gambling services-Additional assessment standards (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapters
					 70.02,
					 70.96A,
					 71.05,
					 71.24,
					 71.34,
					 74.50 RCW,
					 RCW
					  74.08.090,
					 43.20A.890, and 42 C.F.R. Part 8.
					 WSR 13-12-053, § 388-877C-0130, filed 5/31/13, effective
					 7/1/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-878 - Outpatient competency restoration program › Section 388-878-0010 - Introduction and overview

Current through Register Vol. 24-14, July 15, 2024
(1)
				Outpatient competency restoration program (OCRP) is one of the elements of the
				Trueblood Settlement managed by the health care authority in collaboration with
				the department of social and health services office of forensic mental health
				services.
(2) The OCRP provides an
				option for courts to order competency restoration services in the community for
				persons who the court determines are not competent to stand trial and are
				appropriate for community-based treatment.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-878 - Outpatient competency restoration program › Section 388-878-0020 - Outpatient competency restoration program (OCRP)-Definitions

Current through Register Vol. 24-14, July 15, 2024
"Behavior concern report"
means a report
				  regarding behavioral concerns that may compromise program progress. This must
				  include any noncompliance with the conditions of participation, even if such
				  noncompliance does not rise to the level of removal from the program.
"Competency evaluation"
means an evaluation
				  performed to determine whether an individual is competent to stand
				  trial.
"Department"
means the Washington state
				  department of social and health services.
"Forensic navigator"
means department staff who
				  are officers of the court who assist the individual to access services related
				  to diversion and the outpatient competency restoration program.
"Health care authority"
or
"HCA"
means the Washington state health care authority, any division, section,
				  office, unit or other entity of HCA, or any of the officers or other officials
				  lawfully representing HCA.
"Inpatient competency restoration"
means
				  competency restoration services performed in an inpatient setting, including a
				  state psychiatric hospital or residential treatment facility.
"Outpatient competency restoration program"
or
"OCRP"
means competency restoration services that are provided on
				  an outpatient basis to clients who are on conditional release from
				  custody.
"Provider"
means the HCA-contracted provider of
				  outpatient competency restoration services, its employees and
				  agents.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-878 - Outpatient competency restoration program › Section 388-878-0030 - Clinically appropriate for outpatient competency restoration services

Current through Register Vol. 24-14, July 15, 2024
(1) The court may order
				a client into OCRP when it determines the client is clinically appropriate to
				receive outpatient competency restoration services. Clinical appropriateness
				for OCRP means a likelihood of being restored to competency in an outpatient
				setting.
(2) A client may not be
				clinically appropriate for outpatient competency restoration services if the
				client exhibits any of the following:
(a) Is
				not medically stable;
(b) Has
				current suicidal ideation with intent;
(c) Is at heightened risk of harming
				others;
(d) Psychiatric symptoms at
				a severity that suggests that the client will not be able to care for their
				basic needs or health and safety in the community even with clinically
				appropriate housing and case management services; or
(e) Other concerning behavior or factors
				which indicates the client is not appropriate for outpatient competency
				restoration services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-878 - Outpatient competency restoration program › Section 388-878-0040 - Assignment of clients and initial intake

Current through Register Vol. 24-14, July 15, 2024
(1) The forensic navigator will inquire into
				a provider's capacity before informing the court that the provider is able to
				accept a case assignment. Subject to capacity limitations, the designated
				provider will accept all clients ordered by the court.
(2) Immediately following the case
				assignment, the provider will make arrangements for the client to attend an
				initial intake appointment to be conducted by the provider.
(a) The date of this appointment is the
				program start date.
(b) The
				provider will develop an initial treatment plan based on the clinical barriers
				to competency assessed upon intake, and plan for commencing support or clinical
				services.
(c) The provider will
				commence OCRP services for the client as soon as practicable after the initial
				intake appointment, even if the assessment and initial treatment plan are still
				being completed.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-878 - Outpatient competency restoration program › Section 388-878-0050 - Conditions of participation

Current through Register Vol. 24-14, July 15, 2024
Every client in receipt of modified conditions of release
				  from the criminal court and ordered for outpatient competency restoration must
				  remain clinically appropriate for outpatient competency restoration services,
				  and must remain substantially compliant with the following conditions of
				  participation:
(1) Taking medications
				or receiving prescribed intramuscular medication, if applicable;
(2) Abstaining from alcohol and unprescribed
				drugs;
(3) Participating in regular
				urinalysis or other drug testing for clients who have a current substance use
				disorder diagnosis; and
(4)
				Engaging in their care and treatment.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-878 - Outpatient competency restoration program › Section 388-878-0060 - OCRP provider reporting

Current through Register Vol. 24-14, July 15, 2024
(1)
				The provider will submit a weekly status update to the assigned forensic
				navigator via secure email.
(2) The
				provider will submit a behavior concern report when there is concern about a
				client's behavior. The report must be submitted to the forensic navigator via
				direct notification in person or by phone same day, and additionally by secure
				email within twenty-four hours of concern.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-878 - Outpatient competency restoration program › Section 388-878-0070 - Early competency evaluation

Current through Register Vol. 24-14, July 15, 2024
The provider will promptly request an early competency
				  evaluation when the provider determines the client may meet one of the
				  following criteria:
(1) Client
				exhibits barriers to competency to stand trial that are minimal or not present;
				or
(2) Client determined to be not
				restorable to competency to stand trial.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-878 - Outpatient competency restoration program › Section 388-878-0080 - Program removal

Current through Register Vol. 24-14, July 15, 2024
(1) If a client
				fails to comply with the conditions of the outpatient competency restoration
				program such that restoration is no longer appropriate in that setting or the
				client is no longer clinically appropriate as determined by the department, the
				department will remove the client from the program and place the client in an
				appropriate facility for inpatient competency restoration.
(2) If the provider determines that the
				client may no longer meet the conditions of participation, the provider will
				promptly contact the forensic navigator to consider removal from the
				program.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › BEHAVIORAL HEALTH SERVICES › Chapter 388-878 - Outpatient competency restoration program › Section 388-878-0090 - Program end

Current through Register Vol. 24-14, July 15, 2024
(1) The provider will
				no longer serve the client in the program upon expiration of the order for
				outpatient competency restoration services.
(2) The provider must contact the forensic
				navigator to make a plan for coordinated transition or continuing outpatient
				behavioral health services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-005 - Special commitment of sexually violent predators-Legal basis

Current through Register Vol. 24-14, July 15, 2024
(1) Chapter 71.09 RCW authorizes the
				department to develop a sex offender specific treatment program for a person
				the court determines to be a sexually violent predator.
(2) The department's sex offender specific
				treatment program will provide:
(a) Custody,
				supervision, and evaluation of a person court-detained to the sex offender
				specific treatment program to determine if the person meets the definition of a
				sexually violent predator under chapter 71.09 RCW;
(b) Treatment, care, evaluation and control
				of a person civilly committed as a sexually violent predator; and
(c) Discharge planning in accordance with
				RCW
				 71.09.080(4)(a)
				 -(g).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-007 - Purpose

Current through Register Vol. 24-14, July 15, 2024
These rules carry out the legislative intent of chapter 71.09
				  RCW, authorizing the department to provide evaluation, care, control, and
				  treatment of persons court-detained or civilly committed to the sex offender
				  specific treatment program.
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					  72.01.090. 10-13-130, § 388-880-007,
					 filed 6/22/10, effective 7/23/10. Statutory Authority:
					 RCW
					  71.09.040(4). 03-23-022,
					 § 388-880-007, filed 11/10/03, effective 12/11/03. Statutory Authority:
					 Chapter 71.09 RCW, 2000 c 44, 2001 c 286. 02-02-054, § 388-880-007, filed
					 12/27/01, effective 1/27/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-020 - Authorization for indefinite commitment to the sex offender specific treatment program

Current through Register Vol. 24-14, July 15, 2024
A person must be admitted to the custody of the department
				  when, under
				  RCW
				   71.09.060, a court or jury determines, beyond
				  a reasonable doubt, that the person is a sexually violent predator and commits
				  the person for placement in a secure facility operated by the department for
				  control, care, and treatment.
Statutory Authority:
					 RCW
					  71.09.040(4). 03-23-022,
					 § 388-880-020, filed 11/10/03, effective 12/11/03. Statutory Authority:
					 Chapter 71.09 RCW, 2000 c 44, 2001 c 286. 02-02-054, § 388-880-020, filed
					 12/27/01, effective 1/27/02. 99-21-001, recodified as § 388-880-020, filed
					 10/6/99, effective 10/6/99. Statutory Authority:
					 RCW
					  71.09.030 and
					 71.09.050. 93-17-027 (Order 3609),
					 § 275-155-020, filed 8/11/93, effective 9/11/93. Statutory Authority: 1990
					 c 3. 90-17-120 (Order 3054), § 275-155-020, filed 8/21/90, effective
					 9/21/90.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-030

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					  72.01.090. 10-13-130, § 388-880-030,
					 filed 6/22/10, effective 7/23/10. Statutory Authority:
					 RCW
					  71.09.040(4). 03-23-022,
					 § 388-880-030, filed 11/10/03, effective 12/11/03. Statutory Authority:
					 Chapter 71.09 RCW, 2000 c 44, 2001 c 286. 02-02-054, § 388-880-030, filed
					 12/27/01, effective 1/27/02. 99-21-001, recodified as § 388-880-030, filed
					 10/6/99, effective 10/6/99. Statutory Authority: 1990 c 3. 90-17-120 (Order
					 3054), § 275-155-030, filed 8/21/90, effective
					 9/21/90.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-031 - Sex offender specific treatment program annual review evaluation

Current through Register Vol. 24-14, July 15, 2024
(1) Annually or as required by court order,
				the department must conduct an evaluation and examine the mental condition of
				each person civilly committed under chapter 71.09 RCW. The evaluation must be
				conducted by a professionally qualified person.
(2) Under
				RCW
				 71.09.070, the annual review evaluation must
				include consideration of whether:
(a) The
				person currently meets the definition of a sexually violent predator;
				and
(b) Conditional release to a
				less restrictive alternative is in the best interest of the person and
				conditions can be imposed that would adequately protect the
				community.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-033 - Evaluator-Qualifications

Current through Register Vol. 24-14, July 15, 2024
Professionally qualified persons employed by the department
				  or under contract to provide evaluative services must have a license, in good
				  standing, in the state of Washington as a psychologist or psychiatrist
				  and:
(1) Have demonstrated expertise
				in conducting evaluations of individuals charged or convicted for sexual and
				non-sexual crimes, including diagnosis and risk assessments;
(2) Have demonstrated expertise in providing
				expert testimony in legal proceedings involving individuals charged or
				convicted for sexual and nonsexual crimes; and
(3) Provide documentation of such
				qualification to the department initially and annually.
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					  72.01.090. 10-13-130, § 388-880-033,
					 filed 6/22/10, effective 7/23/10. Statutory Authority:
					 RCW
					  71.09.040(4). 03-23-022,
					 § 388-880-033, filed 11/10/03, effective
					 12/11/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-034

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					  72.01.090. 10-13-130, § 388-880-034,
					 filed 6/22/10, effective 7/23/10. Statutory Authority:
					 RCW
					  71.09.040(4). 03-23-022,
					 § 388-880-034, filed 11/10/03, effective
					 12/11/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-035

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					  72.01.090. 10-13-130, § 388-880-035,
					 filed 6/22/10, effective 7/23/10. Statutory Authority:
					 RCW
					  71.09.040(4). 03-23-022,
					 § 388-880-035, filed 11/10/03, effective
					 12/11/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-036

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					  72.01.090. 10-13-130, § 388-880-036,
					 filed 6/22/10, effective 7/23/10. Statutory Authority:
					 RCW
					  71.09.040(4). 03-23-022,
					 § 388-880-036, filed 11/10/03, effective
					 12/11/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-040 - Individualized treatment: clinical services

Current through Register Vol. 24-14, July 15, 2024
(1) When the court detains or commits a
				person to the SCC, SCC staff persons designated by the chief of clinical
				services must develop a clinical treatment plan for the person to address sex
				offense treatment progress. The resident will have an opportunity to
				participate in the treatment planning process.
(2) The clinical treatment plan will be based
				upon, but not limited to, the following information as may be available:
(a) The person's offense history;
(b) A psycho-social history;
(c) The person's most recent forensic
				evaluation; and
(d) A statement of
				high-risk factors for potential reoffense, as may be ascertained over
				time.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-041 - Individualized treatment: discharge planning

Current through Register Vol. 24-14, July 15, 2024
(1) SCC will develop on an ongoing basis,
				clinically appropriate discharge plans for every resident. These plans will
				address at a minimum:
(a) The resident's
				known physical health, functioning, and any need for health aid
				devices;
(b) The resident's known
				intellectual or cognitive level of functioning and need for specialized
				programming;
(c) The resident's
				known history of substance use and abuse;
(d) The resident's known history of risky or
				impulsive behaviors, criminogenic needs, and treatment interventions to address
				them;
(e) The resident's known
				ability to perform life skills and activities of daily living independently and
				the resident's known need for any disability accommodations;
(f) A summary of the known community services
				and supports the resident needs for a safe life in the community and the type
				of providers of such services and support; and
(g) A plan to mitigate the needs identified
				in this subsection that also addresses ways to develop or increase social
				supports, recreation opportunities, gainful employment, and if applicable,
				spiritual opportunities.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-042 - Resident records - Purposes

Current through Register Vol. 24-14, July 15, 2024
(1)
				The SCC shall maintain two types of records for each person court-detained for
				evaluation or civilly committed for treatment as a sexually violent predator.
				Such records shall be known as the clinical record and the medical record. Such
				records shall include:
(a)
Clinical
				records --
A record of mental health related treatment and behavior
				related matters such as:
(i) Evaluations,
				records, reports, and other documents obtained from other agencies relating to
				the person prior to the person's detention and/or commitment to the
				SCC.
(ii) Evaluations, clinical
				examinations, forensic measures, treatment plans charts, files, reports,
				responsive documents, grievances and other information made for or prepared by
				SCC personnel, contracted professionals, or others which relate to the person's
				care, control, and treatment during the person's detention or commitment to,
				the SCC.
(iii) Observation reports,
				memoranda to the resident, progress notes, behavior management reports,
				violation reports and other correspondence received at SCC or while on a secure
				community transition facility (SCTF) or other less restrictive alternative
				(LRA) placement.
(iv) Transitory
				and nontransitory documents will be retained pursuant to the DSHS approved
				retention schedule.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-043 - Resident records - Location and custody

Current through Register Vol. 24-14, July 15, 2024
(1) Based on the resident's physical location
				of residence, his or her records shall be securely maintained in one of the
				following four types of locations:
(a) In a
				designated records storage area within the SCC total confinement facility
				(TCF);
(b) In a secure filing
				system at an SCC-operated secure community transition facility
				(SCTF);
(c) In a secure filing
				system at a contracted facility such as a group home or nursing home;
				or
(d) In a secure filing system of
				the office of a licensed, contracted provider such as a community based sex
				offender treatment provider or psychiatrist.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-044 - Resident records - Access

Current through Register Vol. 24-14, July 15, 2024
(1)
Resident records disclosure requirements and conditions.
(a) Per
				RCW
				 71.09.080, SCC must keep resident records
				detailing all medical, expert, and professional care and treatment received by
				an SCC resident, and must keep copies of all reports of periodic examinations
				made pursuant to the resident's detainment and/or civil commitment.
(b) Per
				RCW
				 71.09.080(2), access to
				resident medical and clinical records by persons other than department
				employees or parties representing the department is limited to the following:
(i) Upon request only to:
(A) The resident;
(B) The resident's attorney;
(C) The resident's legal guardian, guardian
				ad litem or other personal representative properly authorized, in writing, by
				the resident;
(D) The prosecuting
				attorney/attorney general;
(E) The
				court;
(F) A protection and
				advocacy agency when authorized by law; or
(G) An expert or professional person who,
				upon proper showing, demonstrates a need for access to such records.
(ii) Upon documented request by a
				resident, the SCC shall provide the resident supervised access to all clinical
				and medical records and reports, or to redacted copies thereof, related to the
				resident's commitment, control, care and treatment. SCC may reasonably limit
				conditions, frequency and duration of the resident's access to his or her
				records and reports.
(A) The resident must
				review the aforementioned documents in person, at the facility where he or she
				resides.
(B) The resident may
				purchase copies of these documents through the SCC public records disclosure
				process described in WAC
				388-880-150.
(iii) All other parties requesting resident
				records must have the signed authorization of the resident or be the resident's
				personal representative, or obtain a court order. For these records, SCC will
				charge copying fees per WAC
				388-880-150 and
				388-880-151.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-045 - Resident records - Retention

Current through Register Vol. 24-14, July 15, 2024
(1)
				The SCC shall create schedules and requirements, consistent with department
				policy, for the retention, storage, and disposal of records, documents,
				evaluations, reports, and other material related to SCC residents, under the
				following conditions:
(a) While a person is
				currently court-detained or civilly committed to the SCC;
(b) Following a court ruling that a person
				does not meet the definition of a sexually violent predator within chapter
				71.09 RCW and upon the person's release from the custody of the
				department;
(c) Following a
				resident's unconditional discharge from commitment;
(d) Following a resident's death.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-050 - Rights of a person court-detained or civilly committed to the special commitment center

Current through Register Vol. 24-14, July 15, 2024
(1) During a
				person's period of detention or commitment, the department must:
(a) Provide access to the person and the
				person's records in accordance with
				RCW
				 71.09.080(3) and WAC
				388-880-044; and
(b) When a resident requests review of their
				SCC records to the SCC records department, the SCC records department will
				compile all records and schedule a time and location for the resident to review
				those records.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-055 - How SCC processes recommendations related to releases, discharges and revocations (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					  72.01.090. 10-13-130, § 388-880-055,
					 filed 6/22/10, effective 7/23/10. Statutory Authority:
					 RCW
					  71.09.040(4). 03-23-022,
					 § 388-880-055, filed 11/10/03, effective
					 12/11/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-056 - How SCC considers a resident for release to an LRA

Current through Register Vol. 24-14, July 15, 2024
When the department considers a resident in total confinement
				  for a less restrictive alternative, modification or revocation of a less
				  restrictive alternative, or unconditional discharge, the senior clinical team
				  must review the matter and formulate a clinical recommendation to the chief
				  executive officer (CEO). When the department, based on a forensic evaluation
				  that opined that a resident no longer meets the definition of a sexually
				  violent predator, the senior clinical meeting must occur within 30 days and
				  provide a recommendation to the CEO.
The senior clinical meeting will provide a review of the
				  resident's case, to include:
(1)
				Participation and progress in sex offense treatment.
(2) Behavior.
(3) Most recent annual forensic
				evaluation.
(4) Progress since most
				recent annual forensic evaluation.
(5) Manifestation and management of risk
				factors.
(6) Barriers to
				discharge.
(7) Other factors
				related to an LRA recommendation, if applicable, including:
(i) The resident's transition
				activity;
(ii) The factors
				surrounding the situation(s)/behavior(s) causing the revocation
				review;
(iii) The ability of SCC
				and department of corrections (DOC) to adequately manage the resident in the
				community given existing resources;
(iv) The ability of SCC and DOC to adequately
				assure for the public's safety and the resident's compliance with less
				restrictive alternative conditions if the resident remains in the community or
				is allowed community access.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-057 - How SCC considers a resident's revocation of LRA status (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					  72.01.090. 10-13-130, § 388-880-057,
					 filed 6/22/10, effective 7/23/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-058 - How SCC considers a recommendation for a resident's unconditional discharge (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					  72.01.090. 10-13-130, § 388-880-058,
					 filed 6/22/10, effective 7/23/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-059 - Communicating and coordinating resident discharge and conditional release related matters

Current through Register Vol. 24-14, July 15, 2024
(1)
Communication with the department.
(a) If the SCC CEO endorses the resident's
				request to petition the court for conditional release to either a secure
				community transition facility or other type of less restrictive alternative,
				the CEO (as the secretary's designee) must formally authorize the resident, in
				writing, to petition the court for a less restrictive alternative hearing in
				accordance with
				RCW
				 71.09.090.
(b) Once the CEO has made a decision to
				support a resident's request to petition the court, the CEO must notify
				forensic services of that decision. SCC staff will communicate discharge and
				release matters to the resident, their attorney, to external stakeholders
				which, among others, must include the state attorney general's criminal justice
				division's sexually violent predator unit, and the King County prosecuting
				attorney's sexually violent predator unit, and organize the necessary
				activities in support of that discharge or conditional release.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-060 - Sexual predator program reimbursement

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall obtain reimbursement
				under RCW
				 43.20B.330,
				43.20B.335,
				43.20B.340,
				43.20B.345,
				43.20B.350,
				43.20B.355,
				43.20B.360, and
				43.20B.370 for the cost of care of
				a person court-committed to a SPP to the extent of the person's ability to
				pay.
(2) The department shall
				calculate ability to pay and assess liability under WAC
				388-855-0045 in order to permit
				the department to initiate cost of care collections.
(3) SCC shall fulfill its obligations under
				chapter
				43.20 RCW by submitting
				relevant resident information on each resident who has been civilly committed
				under chapter 71.09 RCW to the DSHS office of financial recovery to determine
				the resident's ability to contribute to his or her cost of care.
(4) DSHS shall not reimburse attorneys for
				assisting residents in administrative hearings related to cost of care recovery
				actions by the department.
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					 72.01.090. 10-13-130, § 388-880-060,
					 filed 6/22/10, effective 7/23/10. Statutory Authority:
					 RCW
					  71.09.040(4). 03-23-022,
					 § 388-880-060, filed 11/10/03, effective 12/11/03. 99-21-001, recodified
					 as § 388-880-060, filed 10/6/99, effective 10/6/99. Statutory Authority:
					 1990 c 3. 90-17-120 (Order 3054), § 275-155-060, filed 8/21/90, effective
					 9/21/90.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-070 - Resident escorted leave - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of WAC
				  388-880-070 through
				  388-880-140 is:
(1) To set forth the conditions under which
				residents will be granted leaves of absence;
(2) To provide for safeguards to prevent
				escape, the obtaining of contraband, and the commission of new crimes, while on
				leaves of absence; and
(3) To
				outline the process for the reimbursement of the state by the resident and the
				resident's family for the costs of the leave of absence.
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					 72.01.090. 10-13-130, § 388-880-070,
					 filed 6/22/10, effective 7/23/10. 99-21-001, recodified as § 388-880-070,
					 filed 10/6/99, effective 10/6/99. Statutory Authority:
					 RCW
					  71.09.230. 97-24-054, § 275-155-070,
					 filed 12/1/97, effective 1/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-080 - Reasons why escorted leave is allowed

Current through Register Vol. 24-14, July 15, 2024
An escorted leave of absence may be granted by the
				  superintendent, or designee, subject to the approval of the secretary, to
				  residents to:
(1) Go to the bedside of
				a member of the resident's immediate family as defined in WAC
				388-855-0015, who is seriously
				ill;
(2) Attend the funeral of a
				member of the resident's immediate family as defined in WAC
				388-855-0015; and
(3) Receive necessary medical or dental care
				which is not available in the institution.
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					 72.01.090. 10-13-130, § 388-880-080,
					 filed 6/22/10, effective 7/23/10. 99-21-001, recodified as § 388-880-080,
					 filed 10/6/99, effective 10/6/99. Statutory Authority:
					 RCW
					  71.09.230. 97-24-054, § 275-155-080,
					 filed 12/1/97, effective 1/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-090 - Conditions of a resident's escorted leave

Current through Register Vol. 24-14, July 15, 2024
(1) An escorted leave shall be authorized
				only for trips within the boundaries of the state of Washington.
(2) The duration of an escorted leave to the
				bedside of a seriously ill member of the resident's immediate family or
				attendance at a funeral shall not exceed forty-eight hours unless otherwise
				approved by the superintendent, or designee.
(3) Other than when housed in a city or
				county jail or state institution the resident shall be in the visual or
				auditory contact of an approved escort at all times.
(4) The resident shall be housed in a city or
				county jail or state institution at all times when not in transit or actually
				engaged in the activity for which the escorted leave was granted.
(5) Unless indigent, the resident and
				immediate family member shall, in writing, make arrangements to reimburse the
				state for the cost of the leave prior to the date of the leave.
(6) The superintendent, or designee, shall
				notify county and city law enforcement agencies with jurisdiction in the area
				of the resident's destination before allowing any escorted leave of
				absence.
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					 72.01.090. 10-13-130, § 388-880-090,
					 filed 6/22/10, effective 7/23/10. 99-21-001, recodified as § 388-880-090,
					 filed 10/6/99, effective 10/6/99. Statutory Authority:
					 RCW
					  71.09.230. 97-24-054, § 275-155-090,
					 filed 12/1/97, effective 1/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-100 - Application requests and approval for resident escorted leave

Current through Register Vol. 24-14, July 15, 2024
The superintendent, or designee, shall establish a policy and
				  procedures governing the method of handling the requests by individual
				  residents. The superintendent, or designee, shall evaluate each leave request
				  and, in writing, approve or deny the request within forty-eight hours of
				  receiving the request based on:
(1)
				The nature and length of the escorted leave;
(2) The community risk associated with
				granting the request based on the resident's history of security or escape
				risk;
(3) The resident's overall
				history of stability, cooperative or disruptive behavior, and violence or other
				acting out behavior;
(4) The
				resident's degree of trustworthiness as demonstrated by his/her performance in
				unit assignments, security level, and general cooperativeness with facility
				staff;
(5) The resident's family's
				level of involvement and commitment to the escorted leave planning
				process;
(6) The rehabilitative or
				treatment benefits which could be gained by the resident; and
(7) Any other information as may be deemed
				relevant.
The resident's, and family's, ability to reimburse the state
				  for the cost of the escorted leave shall not be a determining factor in
				  approving or denying a request.
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					 72.01.090. 10-13-130, § 388-880-100,
					 filed 6/22/10, effective 7/23/10. 99-21-001, recodified as § 388-880-100,
					 filed 10/6/99, effective 10/6/99. Statutory Authority:
					 RCW
					  71.09.230. 97-24-054, § 275-155-100,
					 filed 12/1/97, effective 1/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-110 - Procedures for resident escorted leave from the total confinement facility

Current through Register Vol. 24-14, July 15, 2024
(1) Only an employee
				approved by the superintendent, or designee, will be authorized to serve as an
				escort. All escorts from the total confinement facility must be employees of
				the department of social and health services.
(2) Escorted leave will only be granted for
				the reasons set forth in
				RCW
				 71.09.210.
(3) As a matter to standard procedure, the
				minimum level of restraint used on all escorted leaves performed under
				RCW
				 71.09.210 will be ankle and waist restraints
				which are intended to limit the person's ability to run and/or swing their
				arms.
(4) The superintendent, or
				designee, shall:
(a) As needed, on an
				individual basis, determine the need to use any additional types of restraint
				above and beyond the standard ankle and waist restraints.
(b) Determine if escort staff will be
				authorized to wear civilian clothing when escorting a resident to a bedside
				visit or funeral.
(c) Determine the
				number of staff and job classification of staff that shall conduct the
				escort.
(d) Ensure escort staff are
				trained and experienced in the escort procedures.
(e) Ensure that escorted leaves are
				supervised by staff in accordance with written procedures approved by the
				superintendent, or designee.
(f)
				Ensure that one escort is designated as a lead worker when more than one
				employee participates on the escort.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-120 - Expenses associated with escorted leave

Current through Register Vol. 24-14, July 15, 2024
(1) Staff assigned escort duties shall be
				authorized per diem reimbursement for meals, lodging, and transportation at the
				rate established by the state travel policy.
(2) Staff assigned escort duties, in a travel
				status, shall receive appropriate compensation at regular salary or overtime
				for all hours spent in actual escort of the resident, but not including hours
				spent sleeping or not engaged in direct supervision of the resident. The salary
				shall be paid at the appropriate straight time and overtime rates as provided
				in the civil service rules.
Statutory Authority: Chapter 71.09 RCW and
					 RCW
					 72.01.090. 10-13-130, § 388-880-120,
					 filed 6/22/10, effective 7/23/10. 99-21-001, recodified as § 388-880-120,
					 filed 10/6/99, effective 10/6/99. Statutory Authority:
					 RCW
					  71.09.230. 97-24-054, § 275-155-120,
					 filed 12/1/97, effective 1/1/98.