Subject of Possible Rule Making: WAC 388-885-005 Purpose; 388-885-010 Definitions, 388-885-013 Limitations on reimbursement costs related to expert evaluations, 388-885-015 Limitations of funds, 388-885-016 Matters for which reimbursement is not available, 388-885-020 Maximum allowable reimbursement for civil commitment costs, 388-885-025 Billing procedures, 388-885-030 Exceptions, 388-885-035 Reimbursement schedule, and related rules as required.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71.09.800 and 72.01.090.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The existing rules require updating to better reflect current practices as they relate to the reimbursement of county agencies for their costs associated with the civil commitment process of sexually violent predators. In 2012, SSB 6493 transferred the duties, responsibilities and funding for county reimbursement of resident indigent defense legal costs currently found in chapter 388-885 WAC to the office of public defense. Chapter 388-885 WAC requires revision to reflect DSHS's process to reimburse counties for trial, secure transport and jail costs associated with civil commitment under chapter 71.09 RCW, and to eliminate language that refers to mental health evaluations and indigent defense cost reimbursement.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are no federal or state agencies other than DSHS that regulate the subject of these WACs.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Cathi Harris, Administrative Services Chief, DSHS, Special Commitment Center, Mailstop W27-22, P.O. Box 88450, Steilacoom, WA 98388-0646, phone (253) 583-5930, fax (253) 589-7368, e-mail HarriCD@dshs.wa.gov.

January 22, 2013

Katherine I. Vasquez

Rules Coordinator