Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-880 - Special commitment-Sexually violent predators › Section 388-880-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context clearly requires otherwise, the
				  definitions in this section apply throughout this chapter.
"Appropriate facility"
means the total
				  confinement facility the department uses to hold and evaluate a person
				  court-detained under chapter 71.09 RCW.
"Authorized third party"
means a person approved
				  in writing by the resident on a DSHS Form 17-063 (Authorization to disclose
				  records), who may request and have access to the resident clinical file under
				  chapter 71.09 RCW or the resident's medical records under chapter 70.02
				  RCW.
"Care"
means a service the department provides
				  during a person's detention or commitment within a secure facility toward
				  adequate health, shelter, and physical sustenance.
"Chief executive officer (CEO)"
means the person
				  appointed by the secretary of the department to be responsible for the general
				  operation, program, and facilities of the SCC. Also referred to as
				  "superintendent of the special commitment center" and "superintendent" under
				  chapter 71.09 RCW.
"Control"
means a restraint, restriction, or
				  confinement the department applies protecting a person from endangering self,
				  others, or property during a period of custody under chapter 71.09 RCW.
"Department"
means the department of social and
				  health services or DSHS.
"Escorted leave"
means a leave of absence under
				  the continuous supervision of an escort from a facility housing persons who are
				  court-detained or civilly committed under chapter 71.09 RCW.
"Evaluation"
means an examination, report, or
				  recommendation by a professionally qualified person to determine if a person
				  has a personality disorder or mental abnormality, which causes serious
				  difficulty in controlling their sexually violent behavior and renders the
				  person likely to engage in predatory acts of sexual violence if not confined in
				  a secure facility. The types of evaluations that may occur related to a
				  person's commitment or detention under chapter 71.09 RCW are as follows:
* The
initial evaluation
occurs before the
				  person is detained at the SCC, usually occurring while the person is in prison,
				  department of children, youth, and families, a state mental hospital, a county
				  jail, or in the community following commission of a recent overt act.
*
Annual review evaluations
occur only after a
				  person has been civilly committed under
				  RCW
				   71.09.070.
"Health care facility"
means any hospital,
				  hospice care center, licensed or certified health care facility, health
				  maintenance organization regulated under chapter 48.46 RCW, federally qualified
				  health maintenance organization, federally approved renal dialysis center or
				  facility, or federally approved blood bank.
"Health care practitioner"
means an individual
				  or firm licensed or certified to engage actively in a regulated health
				  profession.
"Health care services"
means those services
				  provided by health professionals licensed pursuant to
				  RCW
				   18.120.020.
"Health profession"
means those licensed or
				  regulated professions set forth in
				  RCW
				   18.120.020.
"Immediate family"
includes a resident's
				  parents, stepparents, parent surrogates, legal guardians, grandparents, spouse,
				  brothers, sisters, half or stepbrothers or sisters, children, stepchildren,
				  registered domestic partner, and other dependents.
"Indigent"
for purposes of escorted leave and
				  state issued property, refers to the financial status of a resident who has
				  maintained a total balance of $40 or less, combined, in their resident trust
				  and resident store accounts for the past 30 days, after paying court ordered
				  legal financial obligations, child support, or cost-of-care reimbursement, and
				  who swears or affirms under penalty of perjury that they have no additional
				  outside resources, including but not limited to pension income, business
				  income, and a spouse's or registered domestic partner's employment or other
				  income.
"Individual treatment plan (ITP)"
means an
				  outline the SCC staff persons develop detailing how control, care, and
				  treatment services are provided to a civilly committed person or to a
				  court-detained person.
"Legal mail"
means a resident's written
				  communications, to or from: Courts/court staff regarding a legal action
				  currently before a court, a licensed attorney, a public defense agency, a
				  licensed private investigator retained by private counsel representing a
				  resident or appointed by a court, an expert retained by an attorney
				  representing a resident or appointed by a court, and a law enforcement
				  agency.
"Less restrictive alternative (LRA)"
means
				  court-ordered treatment in a setting less restrictive than total confinement
				  which satisfies the conditions stated in
				  RCW
				   71.09.092. A less restrictive alternative may
				  not include placement in the community protection program as pursuant to
				  RCW
				   71A.12.230.
"Less restrictive alternative facility"
means a
				  secure community transition facility as defined under
				  RCW
				   71.09.020(16).
"Mental abnormality"
means a congenital or
				  acquired condition affecting the person's emotional or volitional capacity
				  which predisposes the person to the commission of criminal sexual acts in a
				  degree constituting such person a menace to the health and safety of
				  others.
"Original format"
means the format in which a
				  record subject to public disclosure was originally produced.
"Oversight"
means official direction, guidance,
				  review, inspection, investigation, and information gathering activities
				  conducted for the purposes of program quality assurance by persons or entities
				  within, or external to, the SCC.
"Personality disorder"
means an enduring pattern
				  of inner experience and behavior that deviates markedly from the expectations
				  of the individual's culture, is pervasive and inflexible, has onset in
				  adolescence or early adulthood, is stable over time, and leads to distress or
				  impairment. Purported evidence of a personality disorder must be supported by
				  testimony of a licensed forensic psychologist or psychiatrist.
"Predatory"
means acts a person directs
				  toward:
(1) Strangers;
(2) Individuals with whom a relationship has
				been established or promoted for the primary purpose of victimization;
				or
(3) Persons of casual
				acquaintance with whom no substantial personal relationship exists.
"Professionally qualified person"
:
(1)
"Psychiatrist"
means a
				person licensed as a physician in this state, in accordance with chapters 18.71
				and 18.57 RCW. In addition, the person must:
(a) Have completed three years of graduate
				training in a psychiatry program approved by the American Medical Association
				or the American Osteopathic Association; and
(b) Be certified, or eligible to be
				certified, by the American Board of Psychiatry and Neurology.