Behavioral Health and Service Integration

Chapter 388-878 WAC

The department is proposing to amend WAC 388-878-0020 - Outpatient competency restoration program (OCRP)—Definitions, 388-878-0030 - Clinically appropriate for outpatient competency restoration services, 388-878-0040 - Assignment of clients and initial intake, 388-878-0050 - Conditions of participation, 388-878-0060 - OCRP provider reporting, 388-878-0070 - Early competency evaluation, 388-878-0080 – Program removal, and 388-878-0090 - Program end. The department is also newly adding WAC 388-878-0051 - Leave of absence.

Preproposal notice filed as WSR 22-21-057

Proposed rules filed as WSR 24-16-107

Continued proposed rules filed as WSR 25-05-047    Proposed supplemental rules filed as WSR 25-11-089

Hearing Date: June 24, 2025

Chapter 388-881 WAC

The department is proposing to amend Chapter 388-881 WAC Sexual Predator Program to update gender neutral language throughout as well as identify current practices. These changes are due to the progression and change within the Special Commitment Center program which includes the oversight of the program from external sources.

Proposed rules filed as WSR 24-19-081
Proposed supplemental rules filed as WSR 25-11-086
Hearing Date: June 24, 2025

Chapter 388-878 WAC          

WACs 388-878-0010 - Introduction and overview, 388-878-0020 - Outpatient competency restoration program (OCRP)—Definitions., 388-878-0030 - Clinically appropriate for outpatient competency restoration services., 388-878-0040 - Assignment of clients and initial intake., 388-878-0050 - Conditions of participation., 388-878-0060 - OCRP provider reporting., 388-878-0070 - Early competency evaluation., 388-878-0080 – Program removal., 388-878-0090 - Program end., and newly adding WAC 388-878-0051 - Leave of absence.

Proposed rules filed as WSR 24-16-107
Continued proposed rules filed as WSR 25-05-047
Hearing Date: March 25, 2025

Chapter 388-881 WAC          

The department is proposing to amend chapter 388-881 WAC Sexual Predator Program to update gender neutral language throughout as well as identify current practices. These changes are due to the progression and change within the special commitment center (SCC) program which includes the oversight of the program from external sources.

Chapter 388-878 WAC          

WAC 388-878-0010 - Introduction and overview, 388-878-0020 - Outpatient competency restoration program (OCRP)—Definitions, 388-878-0030 - Clinically appropriate for outpatient competency restoration services, 388-878-0040 - Assignment of clients and initial intake, 388-878-0050 - Conditions of participation, 388-878-0060 - OCRP provider reporting, 388-878-0070 - Early competency evaluation, 388-878-0080 – Program removal, 388-878-0090 - Program end, and newly added 388-878-0051 - Leave of absence. In the 2022 legislative session, the legislature passed 2SSB 5664, concerning forensic competency restoration programs. This legislation made changes to the Outpatient Competency Restoration Program procedures and requirements. These rules are necessary to implement the legislation. This proposal will update definitions related to Outpatient Competency Restoration Program (OCRP), reflect addition of Recommended Service Plans, clarify intake process and conditions of participation, add a new section of WAC to outline a Leave of Absence for individuals in OCRP, update process for OCRP provider reporting, clarify early competency evaluation process, and add clarity and direction for program termination, removal, and program end. This will add clarity to the processes for providers and individuals in OCRP.

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