Wash. Admin. Code § 388-880-056

Current through Register Vol. 24-21, November 1, 2024
Section 388-880-056 - How SCC considers a resident for release to an LRA

When the department considers a resident in total confinement for a less restrictive alternative, modification or revocation of a less restrictive alternative, or unconditional discharge, the senior clinical team must review the matter and formulate a clinical recommendation to the chief executive officer (CEO). When the department, based on a forensic evaluation that opined that a resident no longer meets the definition of a sexually violent predator, the senior clinical meeting must occur within 30 days and provide a recommendation to the CEO.

The senior clinical meeting will provide a review of the resident's case, to include:

(1) Participation and progress in sex offense treatment.
(2) Behavior.
(3) Most recent annual forensic evaluation.
(4) Progress since most recent annual forensic evaluation.
(5) Manifestation and management of risk factors.
(6) Barriers to discharge.
(7) Other factors related to an LRA recommendation, if applicable, including:
(i) The resident's transition activity;
(ii) The factors surrounding the situation(s)/behavior(s) causing the revocation review;
(iii) The ability of SCC and department of corrections (DOC) to adequately manage the resident in the community given existing resources;
(iv) The ability of SCC and DOC to adequately assure for the public's safety and the resident's compliance with less restrictive alternative conditions if the resident remains in the community or is allowed community access.
(8) Any other relevant information which may include, but is not limited to: medication compliance, evidence or absence of paraphilia and personality disorder, responsivity, psychological testing, polygraph results, existing penile plethysmograph (PPG) assessment results, etc.
(9) Lack of resources will not be the primary factor in recommending that a resident not be released on an LRA.

The CEO or designee will notify the prosecuting attorney, the resident's attorney, the resident's corrections specialist (CS), certified sex offender treatment provider (CSOTP), trial court, and local law enforcement of SCC's position pertaining to the resident's less restrictive alternative or unconditional release status.

Wash. Admin. Code § 388-880-056

Amended by WSR 23-11-031, Filed 5/10/2023, effective 6/10/2023

Statutory Authority: Chapter 71.09 RCW and RCW 72.01.090. 10-13-130, § 388-880-056, filed 6/22/10, effective 7/23/10.