WSR 99-14-065

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)

(Mental Health Division)

[ Filed July 2, 1999, 11:41 a.m. ]

Subject of Possible Rule Making: Amend chapter 275-59 WAC, Criminally insane person committed to the care of the Department of Social and Health Services--Evaluation, placement, care and discharge. We will also renumber this chapter to go into Title 388 WAC with the rest of DSHS rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 10.77 RCW, as amended by 2SSB 6214, 1998.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To comply with changes in RCW 10.77.097 that requires the department, in consultation with the Department of Corrections, to define "relevant records and reports" that must accompany a defendant who is being transferred to a mental health facility or to a correctional institution or facility. We will also make technical changes so that terms used in the chapter are consistent with the terms used in the law.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rule. Anyone interested in participating should contact the staff person indicated below. After the rule is drafted, DSHS will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and send a copy to everyone currently on the mailing list and anyone who requests a copy. Those who responded to a less broad announcement a little over a year ago are still on the mailing list. As required in the legislation, the Department of Corrections will be consulted during the development.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting David Weston, Mental Health Program Administrator, P.O. Box 45320, Olympia, WA 98504-5320, voice (360) 902-0782, fax (360) 902-7691, e-mail dweston@dshs.wa.gov.

July 1, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

© Washington State Code Reviser's Office