Behavioral Health and Service Integration

Chapter 388-880 WAC          

WAC 388-880-005 Special commitment of sexually violent predators – Legal basis (amend), 388-880-007 Purpose (amend), 388-880-010 Definitions (amend), 388-880-020 Authorization for indefinite commitment to the sexual predator program (amend), 388-880-030 Sexual predator program supplemental and post commitment evaluations (repeal), 388-880-031 Sexual predator program annual evaluation (amend), 388-880-033 Evaluator – Qualifications (amend), 388-880-034 Evaluator – Supplemental and post commitment evaluation responsibilities (repeal), 388-880-035 Refusal to participate in a supplemental or post commitment pretrial evaluation (repeal), 388-880-036 Supplemental evaluation – Reporting (repeal), 388-880-040 Individualized treatment: clinical services (amend), 388-880-041  Individualized treatment: discharge planning (new), 388-880-050 Rights of a person court-detained or civilly committed to the special commitment center (amend), and possible other sections in chapter 388-880 WAC.

WACs 388-880-010, 388-880-055, 388-880-056, 388-880-057, 388-880-058, and 388-880-059           

The department recognizes these WACs have not been updated since 2013 and since then, there have been policy and RCW changes that require an update. The department has decided to combine WACs 388-880-056 through 388-880-058 into one WAC. This will help clarify expectations of the Senior Clinical Team and clarify how the Special Commitment Center (SCC) reviews residents whose Less Restrictive Alternative (LRA) status is revoked. WAC 388-880-059 is being amended to clarify communication expectations for SCC when a resident is conditionally released or discharged. WAC 388-880-010 Definitions will also be updated to ensure consistency as the WACs are updated.  The department held a public rule making hearing on January 24, 2023.  Testimony was received and we have made changes to the rule text.

Preproposal notice filed as WSR 22-19-078
Proposed rules filed as WSR 23-01-074 Supplemental proposed rules filed as WSR 23-07-068   

Hearing Date: April 25, 2023

WACs 388-880-010, 388-880-055, 388-880-056, 388-880-057, 388-880-058, and 388-880-059

The department recognizes these WACs have not been updated since 2013 and since then, there have been policy and RCW changes that require an update. The department has decided to combine WACs 388-880-056 through 388-880-058 into one WAC. This will help clarify expectations of the Senior Clinical Team and clarify how the Special Commitment Center (SCC) reviews residents whose Less Restrictive Alternative (LRA) status is revoked.  WAC 388-880-059 is being amended to clarify communication expectations for SCC when a resident is conditionally released or discharged. WAC 388-880-010 Definitions will also be updated to ensure consistency as the WACs are updated.

Chapter 388-878 WAC

This rulemaking is to develop rules for the conditions of participation in the outpatient competency restoration program, within the framework of the forensic mental health care system. This rulemaking will include but not be limited to detailing the eligibility requirements for a person to receive outpatient competency restoration, medication management, regular urinalysis testing for defendants with substance use disorder.