(1) When a court orders a person transferred to an appropriate facility for an evaluation as to whether the person is a sexually violent predator, pursuant to RCW 71.09.040(4), the department shall, before the scheduled commitment hearing or trial, provide an evaluation to the court. The evaluation must make a recommendation as to whether the person suffers from a mental abnormality or personality disorder that makes the person more likely than not to engage in predatory acts of sexual violence if not confined in a secure facility.

(2) Supplemental and post commitment evaluations must be conducted in accordance with the criteria set forth in WAC 388-880-033, and must be in the form required by and filed in accordance with WAC 388-880-034 and 388-880-036.