Chapter 71.05 RCW
MENTAL ILLNESS
SECTIONS
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Legislative intent. |
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Legislative intent and finding. |
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Definitions. |
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Integration with chapter 71.24 RCW -- Regional support networks. |
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Commitment laws applicable. |
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Findings -- Developmentally disabled. |
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Detention or judicial commitment of persons who are developmentally disabled, impaired by chronic alcoholism or drug abuse, or suffering from dementia. |
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Voluntary application for mental health services -- Rights -- Review of condition and status -- Detention -- Person refusing voluntary admission, temporary detention. |
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Rights of persons complained against. |
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Prayer treatment. |
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Choice of physicians. |
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Financial responsibility. |
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Compensation of appointed counsel. |
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Exemptions from liability. |
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Duties of prosecuting attorney and attorney general. |
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Mental health commissioners -- Appointment. |
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Mental health commissioners -- Authority. |
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Records maintained. |
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Dangerous mentally ill offenders -- Less restrictive alternative. |
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Detention of mentally disordered persons for evaluation and treatment -- Procedure. |
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Request to mental health professional by law enforcement agency for investigation under RCW 71.05.150 -- Advisory report of results. |
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Petition for initial detention. |
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Acceptance of petition -- Notice -- Duty of state hospital. |
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Detention period for evaluation and treatment. |
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Persons not admitted -- Transportation -- Detention of arrested person pending return to custody. |
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Notice and statement of rights -- Probable cause hearing. |
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Evaluation -- Treatment and care -- Release or other disposition. |
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Evaluation -- Consideration of information and records. |
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Protocols -- Development -- Submission to governor and legislature. |
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Right to refuse antipsychotic medicine -- Rules. |
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Property of committed person. |
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Procedures for additional treatment. |
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Examination, evaluation of criminal defendant -- Hearing. |
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Judicial proceedings -- Court to enter findings when recommendations of professional person not followed. |
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Petition for involuntary treatment or alternative treatment--Probable cause hearing. |
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Determination of likelihood of serious harm -- Use of recent history evidence. |
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Probable cause hearing -- Detained person's rights -- Waiver of privilege -- Limitation -- Records as evidence. |
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Release from involuntary intensive treatment -- Exception. |
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Temporary release. |
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Additional confinement -- Grounds. |
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Additional confinement -- Prior history evidence. |
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Petition for additional confinement -- Affidavit. |
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Filing of petition -- Appearance -- Notice -- Advice as to rights -- Appointment of representative. |
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Time for hearing -- Due process -- Jury trial -- Continuation of treatment. |
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Remand for additional treatment -- Duration -- Developmentally disabled -- Grounds -- Hearing. |
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Release -- Authorized leave -- Notice to prosecuting attorney. |
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Early release -- Notice to court and prosecuting attorney -- Petition for hearing. |
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Modification of order for inpatient treatment -- Intervention by prosecuting attorney. |
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Outpatient treatment or care -- Conditional release -- Procedures for revocation. |
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Assistance to released persons. |
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Rights of involuntarily detained persons. |
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Rights -- Posting of list. |
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Rights of voluntarily committed persons. |
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Confidential information and records -- Disclosure. |
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Application of uniform health care information act, chapter 70.02 RCW. |
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Release of information to patient's next of kin, attorney, guardian, conservator -- Notification of patient's death. |
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Notice of disappearance of patient. |
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Records of disclosure. |
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Persons committed following dismissal of sex, violent, or felony harassment offense -- Notification of conditional release, final release, leave, transfer, or escape -- To whom given -- Definitions. |
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Persons committed following dismissal of sex offense -- Release of information authorized. |
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Statistical data. |
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Action for unauthorized release of confidential information -- Liquidated damages -- Treble damages -- Injunction. |
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Mental health services information -- Release to department of corrections -- Rules. |
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Competency -- Effect -- Statement of Washington law. |
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Right to counsel. |
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Right to examination. |
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Petitioning for release -- Writ of habeas corpus. |
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Rights of persons committed before |
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Liability of applicant. |
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Damages for excessive detention. |
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Protection of rights -- Staff. |
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Transfer of person committed to juvenile correction institution to institution or facility for mentally ill juveniles. |
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Facilities part of comprehensive mental health program. |
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Recognition of county financial necessities. |
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Adoption of rules. |
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Rule making -- Medicaid -- Secretary of corrections -- Secretary of social and health services. |
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Rule making -- Chapter 214, Laws of 1999 -- Secretary of corrections -- Secretary of social and health services. |
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Rules of court. |
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Less restrictive alternative treatment -- Consideration by court. |
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Treatment records -- Definitions. |
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Treatment records -- Informed consent for disclosure of information -- Court files and records. |
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Treatment records -- Confidential -- Release. |
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Treatment records -- Access procedures. |
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Treatment records -- Notation of and access to released data. |
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Treatment records -- Privileged communications unaffected. |
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Treatment records -- Violations -- Civil action. |
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Treatment records -- Access under false pretenses, penalty. |
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Treatment records -- Rules. |
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Severability -- 1973 1st ex.s. c 142. |
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Construction -- 1973 1st ex.s. c 142. |
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Section headings not part of the law. |
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Effective date -- 1973 1st ex.s. c 142. |
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Equal application of 1989 c 420 -- Evaluation for developmental disability. |
NOTES:
Rules of court: Cf. Superior Court Mental Proceedings Rules (MPR).
Reviser's note:
The department of social and health services filed an emergency order, WSR
89-20-030, effective
Council for the prevention of child abuse and neglect: Chapter 43.121 RCW.
Minors -- Mental health services, commitment: Chapter 71.34 RCW.
Regional support networks: RCW 71.24.310.
RCW 71.05.010
Legislative intent.
The provisions of this chapter are intended by the legislature:
(1) To prevent inappropriate, indefinite commitment of mentally disordered persons and to eliminate legal disabilities that arise from such commitment;
(2) To provide prompt evaluation and timely and appropriate treatment of persons with serious mental disorders;
(3) To safeguard individual rights;
(4) To provide continuity of care for persons with serious mental disorders;
(5) To encourage the full use of all existing agencies, professional personnel, and public funds to prevent duplication of services and unnecessary expenditures;
(6) To encourage, whenever appropriate, that services be provided within the community;
(7) To protect the public safety.
[1998 c 297 § 2; 1997 c 112 § 2; 1989 c 120 § 1; 1973 1st ex.s. c 142 § 6.]
NOTES:
Effective dates --
1998 c 297: "This act takes effect
Severability -- 1998 c 297: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1998 c 297 § 58.]
Intent -- 1998 c 297: "It is the intent of the legislature to: (1) Clarify that it is the nature of a person's current conduct, current mental condition, history, and likelihood of committing future acts that pose a threat to public safety or himself or herself, rather than simple categorization of offenses, that should determine treatment procedures and level; (2) improve and clarify the sharing of information between the mental health and criminal justice systems; and (3) provide additional opportunities for mental health treatment for persons whose conduct threatens himself or herself or threatens public safety and has led to contact with the criminal justice system.
The legislature recognizes that a person can be incompetent to stand trial, but may not be gravely disabled or may not present a likelihood of serious harm. The legislature does not intend to create a presumption that a person who is found incompetent to stand trial is gravely disabled or presents a likelihood of serious harm requiring civil commitment." [1998 c 297 § 1.]
RCW 71.05.012
Legislative intent and finding.
It is the intent of the legislature to enhance continuity of care for
persons with serious mental disorders that can be controlled or stabilized in a
less restrictive alternative commitment. Within the guidelines stated in In
Re LaBelle 107 Wn. 2d 196 (1986), the legislature intends to encourage
appropriate interventions at a point when there is the best opportunity to
restore the person to or maintain satisfactory functioning.
For persons with a prior history or pattern of repeated hospitalizations or law enforcement interventions due to decompensation, the consideration of prior mental history is particularly relevant in determining whether the person would receive, if released, such care as is essential for his or her health or safety.
Therefore, the legislature finds that for persons who are currently under a commitment order, a prior history of decompensation leading to repeated hospitalizations or law enforcement interventions should be given great weight in determining whether a new less restrictive alternative commitment should be ordered.
[1997 c 112 § 1.]
RCW 71.05.020
Definitions.
The definitions in this section apply throughout this chapter unless the
context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician that a person should be examined or treated as a patient in a hospital;
(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;
(3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;
(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;
(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;
(6) "County designated mental health professional" means a mental health professional appointed by the county to perform the duties specified in this chapter;
(7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(8) "Department" means the department of social and health services;
(9) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(10) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;
(11) "Developmental disability" means that condition defined in RCW 71A.10.020(3);
(12) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(13) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
(14) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;
(15) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the individual being assisted as manifested by prior charged criminal conduct;
(16) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;
(17) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences;
(18) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;
(19) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of another and has a history of one or more violent acts;
(20) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individual's cognitive or volitional functions;
(21) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(22) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;
(23) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, hospital, or sanitarium, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;
(24) "Professional person" means a mental health professional and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(25) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;
(26) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;
(27) "Public agency" means any evaluation and treatment facility or institution, hospital, or sanitarium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;[,] if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;
(28) "Release" means legal termination of the commitment under the provisions of this chapter;
(29) "Resource management services" has the meaning given in chapter 71.24 RCW;
(30) "Secretary" means the secretary of the department of social and health services, or his or her designee;
(31) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary;
(32) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
[2000 c 94 § 1; 1999 c 13 § 5; 1998 c 297 § 3; 1997 c 112 § 3. Prior: 1989 c 420 § 13; 1989 c 205 § 8; 1989 c 120 § 2; 1979 ex.s. c 215 § 5; 1973 1st ex.s. c 142 § 7.]
NOTES:
Purpose -- Construction -- 1999 c 13: See note following RCW 10.77.010.
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.025
Integration with chapter 71.24 RCW -- Regional support networks.
The legislature intends that the procedures and services authorized in this
chapter be integrated with those in chapter 71.24 RCW to the maximum extent
necessary to assure a continuum of care to persons who are mentally ill or who
have mental disorders, as defined in either or both this chapter and chapter
71.24 RCW. To this end, regional support networks established in accordance
with chapter 71.24 RCW shall institute procedures which require timely
consultation with resource management services by county-designated mental
health professionals and evaluation and treatment facilities to assure that
determinations to admit, detain, commit, treat, discharge, or release persons
with mental disorders under this chapter are made only after appropriate
information regarding such person's treatment history and current treatment
plan has been sought from resource management services.
[2000 c 94 § 2; 1989 c 205 § 9.]
NOTES:
Evaluation of transition to regional systems -- 1989 c 205: See note following RCW 71.24.015.
RCW 71.05.030
Commitment laws applicable.
Persons suffering from a mental disorder may not be involuntarily committed
for treatment of such disorder except pursuant to provisions of this chapter,
chapter 10.77 RCW, chapter 71.06 RCW, chapter 71.34 RCW, transfer pursuant to
RCW 72.68.031 through 72.68.037, or pursuant to court ordered evaluation and
treatment not to exceed ninety days pending a criminal trial or sentencing.
[1998 c 297 § 4; 1985 c 354 § 31; 1983 c 3 § 179; 1974 ex.s. c 145 § 4; 1973 2nd ex.s. c 24 § 2; 1973 1st ex.s. c 142 § 8.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
Severability -- Effective date -- 1985 c 354: See RCW 71.34.900 and 71.34.901.
RCW 71.05.035
Findings -- Developmentally disabled.
The legislature finds that among those persons who endanger the safety of
others by committing crimes are a small number of persons with developmental
disabilities. While their conduct is not typical of the vast majority of
persons with developmental disabilities who are responsible citizens, for their
own welfare and for the safety of others the state may need to exercise control
over those few dangerous individuals who are developmentally disabled, have
been charged with crimes that involve a threat to public safety or security,
and have been found either incompetent to stand trial or not guilty by reason
of insanity. The legislature finds, however, that the use of civil commitment
procedures under chapter 71.05 RCW to effect state control over dangerous
developmentally disabled persons has resulted in their commitment to
institutions for the mentally ill. The legislature finds that existing programs
in mental institutions may be inappropriate for persons who are developmentally
disabled because the services provided in mental institutions are oriented to
persons with mental illness, a condition not necessarily associated with
developmental disabilities. Therefore, the legislature believes that, where
appropriate, and subject to available funds, persons with developmental
disabilities who have been charged with crimes that involve a threat to public
safety or security and have been found incompetent to stand trial or not guilty
by reason of insanity should receive state services addressing their needs,
that such services must be provided in conformance with an individual
habilitation plan, and that their initial treatment should be separate and
discrete from treatment for persons involved in any other treatment or
habilitation program in a manner consistent with the needs of public safety.
[1998 c 297 § 5; 1989 c 420 § 2.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.040
Detention or judicial commitment of persons who are developmentally disabled,
impaired by chronic alcoholism or drug abuse, or suffering from dementia.
Persons who are developmentally disabled, impaired by chronic alcoholism or
drug abuse, or suffering from dementia shall not be detained for evaluation and
treatment or judicially committed solely by reason of that condition unless
such condition causes a person to be gravely disabled or as a result of a
mental disorder such condition exists that constitutes a likelihood of serious
harm.
[1997 c 112 § 4; 1987 c 439 § 1; 1977 ex.s. c 80 § 41; 1975 1st ex.s. c 199 § 1; 1974 ex.s. c 145 § 5; 1973 1st ex.s. c 142 § 9.]
NOTES:
Purpose -- Intent -- Severability -- 1977 ex.s. c 80: See notes following RCW 4.16.190.
RCW 71.05.050
Voluntary application for mental health services -- Rights -- Review of
condition and status -- Detention -- Person refusing voluntary admission,
temporary detention.
Nothing in this chapter shall be construed to limit the right of any person
to apply voluntarily to any public or private agency or practitioner for
treatment of a mental disorder, either by direct application or by referral.
Any person voluntarily admitted for inpatient treatment to any public or private
agency shall be released immediately upon his or her request. Any person
voluntarily admitted for inpatient treatment to any public or private agency
shall orally be advised of the right to immediate discharge, and further
advised of such rights in writing as are secured to them pursuant to this
chapter and their rights of access to attorneys, courts, and other legal
redress. Their condition and status shall be reviewed at least once each one
hundred eighty days for evaluation as to the need for further treatment or
possible discharge, at which time they shall again be advised of their right to
discharge upon request: PROVIDED HOWEVER, That if the professional staff of any
public or private agency or hospital regards a person voluntarily admitted who
requests discharge as presenting, as a result of a mental disorder, an imminent
likelihood of serious harm, or is gravely disabled, they may detain such person
for sufficient time to notify the county designated mental health professional
of such person's condition to enable the county designated mental health
professional to authorize such person being further held in custody or
transported to an evaluation and treatment center pursuant to the provisions of
this chapter, which shall in ordinary circumstances be no later than the next
judicial day: PROVIDED FURTHER, That if a person is brought to the emergency
room of a public or private agency or hospital for observation or treatment,
the person refuses voluntary admission, and the professional staff of the public
or private agency or hospital regard such person as presenting as a result of a
mental disorder an imminent likelihood of serious harm, or as presenting an
imminent danger because of grave disability, they may detain such person for
sufficient time to notify the county designated mental health professional of
such person's condition to enable the county designated mental health
professional to authorize such person being further held in custody or
transported to an evaluation treatment center pursuant to the conditions in
this chapter, but which time shall be no more than six hours from the time the
professional staff determine that an evaluation by the county designated mental
health professional is necessary.
[2000 c 94 § 3; 1998 c 297 § 6; 1997 c 112 § 5; 1979 ex.s. c 215 § 6; 1975 1st ex.s. c 199 § 2; 1974 ex.s. c 145 § 6; 1973 1st ex.s. c 142 § 10.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.060
Rights of persons complained against.
A person subject to confinement resulting from any petition or proceeding
pursuant to the provisions of this chapter shall not forfeit any legal right or
suffer any legal disability as a consequence of any actions taken or orders
made, other than as specifically provided in this chapter.
[1973 1st ex.s. c 142 § 11.]
RCW 71.05.070
Prayer treatment.
The provisions of this chapter shall not be construed to deny to any person
treatment by spiritual means through prayer in accordance with the tenets and
practices of a church or religious denomination.
[1973 1st ex.s. c 142 § 12.]
RCW 71.05.090
Choice of physicians.
Persons receiving evaluation or treatment under this chapter shall be given
a reasonable choice of an available physician or other professional person
qualified to provide such services.
[1973 2nd ex.s. c 24 § 3; 1973 1st ex.s. c 142 § 14.]
RCW 71.05.100
Financial responsibility.
In addition to the responsibility provided for by RCW 43.20B.330, any
person, or his or her estate, or his or her spouse, or the parents of a minor
person who is involuntarily detained pursuant to this chapter for the purpose
of treatment and evaluation outside of a facility maintained and operated by
the department shall be responsible for the cost of such care and treatment. In
the event that an individual is unable to pay for such treatment or in the
event payment would result in a substantial hardship upon the individual or his
or her family, then the county of residence of such person shall be responsible
for such costs. If it is not possible to determine the county of residence of
the person, the cost shall be borne by the county where the person was
originally detained. The department shall, pursuant to chapter 34.05 RCW, adopt
standards as to (1) inability to pay in whole or in part, (2) a definition of
substantial hardship, and (3) appropriate payment schedules. Such standards
shall be applicable to all county mental health administrative boards.
Financial responsibility with respect to department services and facilities
shall continue to be as provided in RCW 43.20B.320 through 43.20B.360 and
43.20B.370.
[1997 c 112 § 6; 1987 c 75 § 18; 1973 2nd ex.s. c 24 § 4; 1973 1st ex.s. c 142 § 15.]
NOTES:
Savings -- Severability -- 1987 c 75: See RCW 43.20B.900 and 43.20B.901.
RCW 71.05.110
Compensation of appointed counsel.
Attorneys appointed for persons pursuant to this chapter shall be
compensated for their services as follows: (1) The person for whom an attorney
is appointed shall, if he or she is financially able pursuant to standards as
to financial capability and indigency set by the superior court of the county
in which the proceeding is held, bear the costs of such legal services; (2) if
such person is indigent pursuant to such standards, the costs of such services
shall be borne by the county in which the proceeding is held, subject however
to the responsibility for costs provided in RCW 71.05.320(2).
[1997 c 112 § 7; 1973 1st ex.s. c 142 § 16.]
RCW 71.05.120
Exemptions from liability.
(1) No officer of a public or private agency, nor the superintendent,
professional person in charge, his or her professional designee, or attending
staff of any such agency, nor any public official performing functions necessary
to the administration of this chapter, nor peace officer responsible for
detaining a person pursuant to this chapter, nor any county designated mental
health professional, nor the state, a unit of local government, or an
evaluation and treatment facility shall be civilly or criminally liable for
performing duties pursuant to this chapter with regard to the decision of
whether to admit, discharge, release, administer antipsychotic medications, or
detain a person for evaluation and treatment: PROVIDED, That such duties were
performed in good faith and without gross negligence.
(2) This section does not relieve a person from giving the required notices under RCW 71.05.330(2) or 71.05.340(1)(b), or the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat of physical violence against a reasonably identifiable victim or victims. The duty to warn or to take reasonable precautions to provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel.
[2000 c 94 § 4; 1991 c 105 § 2; 1989 c 120 § 3; 1987 c 212 § 301; 1979 ex.s. c 215 § 7; 1974 ex.s. c 145 § 7; 1973 2nd ex.s. c 24 § 5; 1973 1st ex.s. c 142 § 17.]
NOTES:
Severability -- 1991 c 105: See note following RCW 71.05.215.
RCW 71.05.130
Duties of prosecuting attorney and attorney general.
In any judicial proceeding for involuntary commitment or detention, or in
any proceeding challenging such commitment or detention, the prosecuting
attorney for the county in which the proceeding was initiated shall represent
the individuals or agencies petitioning for commitment or detention and shall
defend all challenges to such commitment or detention: PROVIDED, That the
attorney general shall represent and provide legal services and advice to state
hospitals or institutions with regard to all provisions of and proceedings
under this chapter except in proceedings initiated by such hospitals and
institutions seeking fourteen day detention.
[1998 c 297 § 7; 1991 c 105 § 3; 1989 c 120 § 4; 1979 ex.s. c 215 § 8; 1973 1st ex.s. c 142 § 18.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
Severability -- 1991 c 105: See note following RCW 71.05.215.
RCW 71.05.135
Mental health commissioners -- Appointment.
In each county the superior court may appoint the following persons to
assist the superior court in disposing of its business: PROVIDED, That such
positions may not be created without prior consent of the county legislative authority:
(1) One or more attorneys to act as mental health commissioners; and
(2) Such investigators, stenographers, and clerks as the court shall find necessary to carry on the work of the mental health commissioners.
The appointments provided for in this section shall be made by a majority vote of the judges of the superior court of the county and may be in addition to all other appointments of commissioners and other judicial attaches otherwise authorized by law. Mental health commissioners and investigators shall serve at the pleasure of the judges appointing them and shall receive such compensation as the county legislative authority shall determine. The appointments may be full or part-time positions. A person appointed as a mental health commissioner may also be appointed to any other commissioner position authorized by law.
[1993 c 15 § 2; 1991 c 363 § 146; 1989 c 174 § 1.]
NOTES:
Effective date -- 1993 c 15: See note following RCW 26.12.050.
Purpose -- Captions not law -- 1991 c 363: See notes following RCW 2.32.180.
Severability -- 1989 c 174: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1989 c 174 § 4.]
RCW 71.05.137
Mental health commissioners -- Authority.
The judges of the superior court of the county by majority vote may
authorize mental health commissioners, appointed pursuant to RCW 71.05.135, to perform any or all of the following
duties:
(1) Receive all applications, petitions, and proceedings filed in the superior court for the purpose of disposing of them pursuant to this chapter;
(2) Investigate the facts upon which to base warrants, subpoenas, orders to directions in actions, or proceedings filed pursuant to this chapter;
(3) For the purpose of this chapter, exercise all powers and perform all the duties of a court commissioner appointed pursuant to RCW 2.24.010;
(4) Hold hearings in proceedings under this chapter and make written reports of all proceedings under this chapter which shall become a part of the record of superior court;
(5) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding judge; and
(6) Cause the orders and findings to be entered in the same manner as orders and findings are entered in cases in the superior court.
[1989 c 174 § 2.]
NOTES:
Severability -- 1989 c 174: See note following RCW 71.05.135.
RCW 71.05.140
Records maintained.
A record of all applications, petitions, and proceedings under this chapter
shall be maintained by the county clerk in which the application, petition, or
proceeding was initiated.
[1973 1st ex.s. c 142 § 19.]
RCW 71.05.145
Dangerous mentally ill offenders -- Less restrictive alternative.
The legislature intends that, when evaluating a person who is identified
under RCW 72.09.370(7), the professional person at the evaluation and treatment
facility shall, when appropriate after consideration of the person's mental
condition and relevant public safety concerns, file a petition for a ninety-day
less restrictive alternative in lieu of a petition for a fourteen-day
commitment.
[1999 c 214 § 4.]
NOTES:
Intent -- Effective date -- 1999 c 214: See notes following RCW 72.09.370.
RCW 71.05.150
Detention of mentally disordered persons for evaluation and treatment --
Procedure.
(1)(a) When a county designated mental health professional receives
information alleging that a person, as a result of a mental disorder: (i)
Presents a likelihood of serious harm; or (ii) is gravely disabled; the county
designated mental health professional may, after investigation and evaluation
of the specific facts alleged and of the reliability and credibility of any
person providing information to initiate detention, if satisfied that the
allegations are true and that the person will not voluntarily seek appropriate
treatment, file a petition for initial detention. Before filing the petition,
the county designated mental health professional must personally interview the
person, unless the person refuses an interview, and determine whether the
person will voluntarily receive appropriate evaluation and treatment at an
evaluation and treatment facility.
(b) Whenever it appears, by petition for initial detention, to the satisfaction of a judge of the superior court that a person presents, as a result of a mental disorder, a likelihood of serious harm, or is gravely disabled, and that the person has refused or failed to accept appropriate evaluation and treatment voluntarily, the judge may issue an order requiring the person to appear within twenty-four hours after service of the order at a designated evaluation and treatment facility for not more than a seventy-two hour evaluation and treatment period. The order shall state the address of the evaluation and treatment facility to which the person is to report and whether the required seventy-two hour evaluation and treatment services may be delivered on an outpatient or inpatient basis and that if the person named in the order fails to appear at the evaluation and treatment facility at or before the date and time stated in the order, such person may be involuntarily taken into custody for evaluation and treatment. The order shall also designate retained counsel or, if counsel is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed to represent the person.
(c) The county designated mental health professional shall then serve or cause to be served on such person, his or her guardian, and conservator, if any, a copy of the order to appear together with a notice of rights and a petition for initial detention. After service on such person the county designated mental health professional shall file the return of service in court and provide copies of all papers in the court file to the evaluation and treatment facility and the designated attorney. The county designated mental health professional shall notify the court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of the date and time of outpatient evaluation or admission to the evaluation and treatment facility. The person shall be permitted to remain in his or her home or other place of his or her choosing prior to the time of evaluation and shall be permitted to be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other individual accompanying the person may be present during the admission evaluation. The facility may exclude the individual if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.
(d) If the person ordered to appear does appear on or before the date and time specified, the evaluation and treatment facility may admit such person as required by RCW 71.05.170 or may provide treatment on an outpatient basis. If the person ordered to appear fails to appear on or before the date and time specified, the evaluation and treatment facility shall immediately notify the county designated mental health professional who may notify a peace officer to take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility. Should the county designated mental health professional notify a peace officer authorizing him or her to take a person into custody under the provisions of this subsection, he or she shall file with the court a copy of such authorization and a notice of detention. At the time such person is taken into custody there shall commence to be served on such person, his or her guardian, and conservator, if any, a copy of the original order together with a notice of detention, a notice of rights, and a petition for initial detention.
(2) When a county designated mental health professional receives information alleging that a person, as the result of a mental disorder, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the person or persons providing the information if any, the county designated mental health professional may take such person, or cause by oral or written order such person to be taken into emergency custody in an evaluation and treatment facility for not more than seventy-two hours as described in RCW 71.05.180.
(3) A peace officer may take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility pursuant to subsection (1)(d) of this section.
(4) A peace officer may, without prior notice of the proceedings provided for in subsection (1) of this section, take or cause such person to be taken into custody and immediately delivered to an evaluation and treatment facility or the emergency department of a local hospital:
(a) Only pursuant to subsections (1)(d) and (2) of this section; or
(b) When he or she has reasonable cause to believe that such person is suffering from a mental disorder and presents an imminent likelihood of serious harm or is in imminent danger because of being gravely disabled.
(5) Persons delivered to evaluation and treatment facilities by peace officers pursuant to subsection (4)(b) of this section may be held by the facility for a period of up to twelve hours: PROVIDED, That they are examined by a mental health professional within three hours of their arrival. Within twelve hours of their arrival, the county designated mental health professional must file a supplemental petition for detention, and commence service on the designated attorney for the detained person.
[1998 c 297 § 8; 1997 c 112 § 8; 1984 c 233 § 1; 1979 ex.s. c 215 § 9; 1975 1st ex.s. c 199 § 3; 1974 ex.s. c 145 § 8; 1973 1st ex.s. c 142 § 20.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.155
Request to mental health professional by law enforcement agency for
investigation under RCW 71.05.150 -- Advisory
report of results.
When a mental health professional is requested by a representative of a law
enforcement agency, including a police officer, sheriff, a municipal attorney,
or prosecuting attorney to undertake an investigation under RCW 71.05.150, the mental health professional shall, if
requested to do so, advise the representative in writing of the results of the
investigation including a statement of reasons for the decision to detain or
release the person investigated. Such written report shall be submitted within
seventy-two hours of the completion of the investigation or the request from
the law enforcement representative, whichever occurs later.
[1997 c 112 § 9; 1979 ex.s. c 215 § 10.]
RCW 71.05.160
Petition for initial detention.
Any facility receiving a person pursuant to RCW 71.05.150
shall require a petition for initial detention stating the circumstances under
which the person's condition was made known and stating that such officer or
person has evidence, as a result of his or her personal observation or
investigation, that the actions of the person for which application is made
constitute a likelihood of serious harm, or that he or she is gravely disabled,
and stating the specific facts known to him or her as a result of his or her
personal observation or investigation, upon which he or she bases the belief that
such person should be detained for the purposes and under the authority of this
chapter.
If a person is involuntarily placed in an evaluation and treatment facility pursuant to RCW 71.05.150, on the next judicial day following the initial detention, the county designated mental health professional shall file with the court and serve the designated attorney of the detained person the petition or supplemental petition for initial detention, proof of service of notice, and a copy of a notice of emergency detention.
[1998 c 297 § 9; 1997 c 112 § 10; 1974 ex.s. c 145 § 9; 1973 1st ex.s. c 142 § 21.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.170
Acceptance of petition -- Notice -- Duty of state hospital.
Whenever the county designated mental health professional petitions for
detention of a person whose actions constitute a likelihood of serious harm, or
who is gravely disabled, the facility providing seventy-two hour evaluation and
treatment must immediately accept on a provisional basis the petition and the
person. The facility shall then evaluate the person's condition and admit,
detain, transfer, or discharge such person in accordance with RCW 71.05.210. The facility shall notify in writing the
court and the county designated mental health professional of the date and time
of the initial detention of each person involuntarily detained in order that a
probable cause hearing shall be held no later than seventy-two hours after
detention.
The duty of a state hospital to accept persons for evaluation and treatment under this section shall be limited by chapter 71.24 RCW.
[2000 c 94 § 5; 1998 c 297 § 10; 1997 c 112 § 11; 1989 c 205 § 10; 1974 ex.s. c 145 § 10; 1973 1st ex.s. c 142 § 22.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.180
Detention period for evaluation and treatment.
If the evaluation and treatment facility admits the person, it may detain
him or her for evaluation and treatment for a period not to exceed seventy-two
hours from the time of acceptance as set forth in RCW 71.05.170.
The computation of such seventy-two hour period shall exclude Saturdays,
Sundays and holidays.
[1997 c 112 § 12; 1979 ex.s. c 215 § 11; 1974 ex.s. c 145 § 11; 1973 1st ex.s. c 142 § 23.]
RCW 71.05.190
Persons not admitted -- Transportation -- Detention of arrested person pending
return to custody.
If the person is not approved for admission by a facility providing
seventy-two hour evaluation and treatment, and the individual has not been
arrested, the facility shall furnish transportation, if not otherwise
available, for the person to his or her place of residence or other appropriate
place. If the individual has been arrested, the evaluation and treatment
facility shall detain the individual for not more than eight hours at the
request of the peace officer in order to enable a peace officer to return to
the facility and take the individual back into custody.
[1997 c 112 § 13; 1979 ex.s. c 215 § 12; 1974 ex.s. c 145 § 12; 1973 1st ex.s. c 142 § 24.]
RCW 71.05.200
Notice and statement of rights -- Probable cause hearing.
(1) Whenever any person is detained for evaluation and treatment pursuant
to this chapter, both the person and, if possible, a responsible member of his
or her immediate family, guardian, or conservator, if any, shall be advised as
soon as possible in writing or orally, by the officer or person taking him or
her into custody or by personnel of the evaluation and treatment facility where
the person is detained that unless the person is released or voluntarily admits
himself or herself for treatment within seventy-two hours of the initial
detention:
(a) That a judicial hearing in a superior court, either by a judge or court commissioner thereof, shall be held not more than seventy-two hours after the initial detention to determine whether there is probable cause to detain the person after the seventy-two hours have expired for up to an additional fourteen days without further automatic hearing for the reason that the person is a mentally ill person whose mental disorder presents a likelihood of serious harm or that the person is gravely disabled;
(b) That the person has a right to communicate immediately with an attorney; has a right to have an attorney appointed to represent him or her before and at the probable cause hearing if he or she is indigent; and has the right to be told the name and address of the attorney the mental health professional has designated pursuant to this chapter;
(c) That the person has the right to remain silent and that any statement he or she makes may be used against him or her;
(d) That the person has the right to present evidence and to cross-examine witnesses who testify against him or her at the probable cause hearing; and
(e) That the person has the right to refuse psychiatric medications, including antipsychotic medication beginning twenty-four hours prior to the probable cause hearing.
(2) When proceedings are initiated under RCW 71.05.150 (2), (3), or (4)(b), no later than twelve hours after such person is admitted to the evaluation and treatment facility the personnel of the evaluation and treatment facility or the county designated mental health professional shall serve on such person a copy of the petition for initial detention and the name, business address, and phone number of the designated attorney and shall forthwith commence service of a copy of the petition for initial detention on the designated attorney.
(3) The judicial hearing described in subsection (1) of this section is hereby authorized, and shall be held according to the provisions of subsection (1) of this section and rules promulgated by the supreme court.
[1998 c 297 § 11; 1997 c 112 § 14; 1989 c 120 § 5; 1974 ex.s. c 145 § 13; 1973 1st ex.s. c 142 § 25.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.210
Evaluation -- Treatment and care -- Release or other disposition.
Each person involuntarily detained and accepted or admitted at an
evaluation and treatment facility shall, within twenty-four hours of his or her
admission or acceptance at the facility, be examined and evaluated by a
licensed physician who may be assisted by a physician assistant according to
chapter 18.71A RCW or an advanced registered nurse practitioner according to
chapter 18.79 RCW and a mental health professional, and shall receive such
treatment and care as his or her condition requires including treatment on an
outpatient basis for the period that he or she is detained, except that,
beginning twenty-four hours prior to a trial or hearing pursuant to RCW 71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.340, or 71.05.370,
the individual may refuse psychiatric medications, but may not refuse: (1) Any
other medication previously prescribed by a person licensed under Title 18 RCW;
or (2) emergency lifesaving treatment, and the individual shall be informed at
an appropriate time of his or her right of such refusal. The person shall be
detained up to seventy-two hours, if, in the opinion of the professional person
in charge of the facility, or his or her professional designee, the person
presents a likelihood of serious harm, or is gravely disabled. A person who has
been detained for seventy-two hours shall no later than the end of such period
be released, unless referred for further care on a voluntary basis, or detained
pursuant to court order for further treatment as provided in this chapter.
If, after examination and evaluation, the licensed physician and mental health professional determine that the initial needs of the person would be better served by placement in a chemical dependency treatment facility, then the person shall be referred to an approved treatment program defined under RCW 70.96A.020.
An evaluation and treatment center admitting or accepting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such person is transferred to an appropriate hospital for evaluation or admission for treatment. Notice of such fact shall be given to the court, the designated attorney, and the county designated mental health professional and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.
[2000 c 94 § 6; 1998 c 297 § 12; 1997 c 112 § 15; 1994 sp.s. c 9 § 747. Prior: 1991 c 364 § 11; 1991 c 105 § 4; 1989 c 120 § 6; 1987 c 439 § 2; 1975 1st ex.s. c 199 § 4; 1974 ex.s. c 145 § 14; 1973 1st ex.s. c 142 § 26.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Findings -- Construction -- Conflict with federal requirements -- 1991 c 364: See notes following RCW 70.96A.020.
Severability -- 1991 c 105: See note following RCW 71.05.215.
RCW 71.05.212
Evaluation -- Consideration of information and records.
Whenever a county designated mental health professional or professional
person is conducting an evaluation under this chapter, consideration shall
include all reasonably available information and records regarding: (1) Prior
recommendations for evaluation of the need for civil commitments when the
recommendation is made pursuant to an evaluation conducted under chapter 10.77
RCW; (2) history of one or more violent acts; (3) prior determinations of
incompetency or insanity under chapter 10.77 RCW; and (4) prior commitments
under this chapter.
In addition, when conducting an evaluation for offenders identified under RCW 72.09.370, the county designated mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.
[1999 c 214 § 5; 1998 c 297 § 19.]
NOTES:
Intent -- Effective date -- 1999 c 214: See notes following RCW 72.09.370.
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.214
Protocols -- Development -- Submission to governor and legislature.
The department shall develop statewide protocols to be utilized by
professional persons and county designated mental health professionals in
administration of this chapter and chapter 10.77 RCW. The protocols shall be
updated at least every three years. The protocols shall provide uniform
development and application of criteria in evaluation and commitment
recommendations, of persons who have, or are alleged to have, mental disorders
and are subject to this chapter.
The initial protocols shall be developed not later than September 1, 1999. The department shall develop and update the protocols in consultation with representatives of county designated mental health professionals, local government, law enforcement, county and city prosecutors, public defenders, and groups concerned with mental illness. The protocols shall be submitted to the governor and legislature upon adoption by the department.
[1998 c 297 § 26.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.215
Right to refuse antipsychotic medicine -- Rules.
(1) A person found to be gravely disabled or presents a likelihood of
serious harm as a result of a mental disorder has a right to refuse
antipsychotic medication unless it is determined that the failure to medicate
may result in a likelihood of serious harm or substantial deterioration or
substantially prolong the length of involuntary commitment and there is no less
intrusive course of treatment than medication in the best interest of that
person.
(2) The department shall adopt rules to carry out the purposes of this chapter. These rules shall include:
(a) An attempt to obtain the informed consent of the person prior to administration of antipsychotic medication.
(b) For short-term treatment up to thirty days, the right to refuse antipsychotic medications unless there is an additional concurring medical opinion approving medication.
(c) For continued treatment beyond thirty days through the hearing on any petition filed under RCW 71.05.370(7), the right to periodic review of the decision to medicate by the medical director or designee.
(d) Administration of antipsychotic medication in an emergency and review of this decision within twenty-four hours. An emergency exists if the person presents an imminent likelihood of serious harm, and medically acceptable alternatives to administration of antipsychotic medications are not available or are unlikely to be successful; and in the opinion of the physician, the person's condition constitutes an emergency requiring the treatment be instituted prior to obtaining a second medical opinion.
(e) Documentation in the medical record of the physician's attempt to obtain informed consent and the reasons why antipsychotic medication is being administered over the person's objection or lack of consent.
[1997 c 112 § 16; 1991 c 105 § 1.]
NOTES:
Severability -- 1991 c 105: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1991 c 105 § 6.]
RCW 71.05.220
Property of committed person.
At the time a person is involuntarily admitted to an evaluation and
treatment facility, the professional person in charge or his or her designee
shall take reasonable precautions to inventory and safeguard the personal property
of the person detained. A copy of the inventory, signed by the staff member
making it, shall be given to the person detained and shall, in addition, be
open to inspection to any responsible relative, subject to limitations, if any,
specifically imposed by the detained person. For purposes of this section,
"responsible relative" includes the guardian, conservator, attorney,
spouse, parent, adult child, or adult brother or sister of the person. The
facility shall not disclose the contents of the inventory to any other person
without the consent of the patient or order of the court.
[1997 c 112 § 17; 1973 1st ex.s. c 142 § 27.]
RCW 71.05.230
Procedures for additional treatment.
A person detained for seventy-two hour evaluation and treatment may be
detained for not more than fourteen additional days of involuntary intensive
treatment or ninety additional days of a less restrictive alternative to
involuntary intensive treatment if the following conditions are met:
(1) The professional staff of the agency or facility providing evaluation services has analyzed the person's condition and finds that the condition is caused by mental disorder and either results in a likelihood of serious harm, or results in the detained person being gravely disabled and are prepared to testify those conditions are met; and
(2) The person has been advised of the need for voluntary treatment and the professional staff of the facility has evidence that he or she has not in good faith volunteered; and
(3) The facility providing intensive treatment is certified to provide such treatment by the department; and
(4) The professional staff of the agency or facility or the county designated mental health professional has filed a petition for fourteen day involuntary detention or a ninety day less restrictive alternative with the court. The petition must be signed either by two physicians or by one physician and a mental health professional who have examined the person. If involuntary detention is sought the petition shall state facts that support the finding that such person, as a result of mental disorder, presents a likelihood of serious harm, or is gravely disabled and that there are no less restrictive alternatives to detention in the best interest of such person or others. The petition shall state specifically that less restrictive alternative treatment was considered and specify why treatment less restrictive than detention is not appropriate. If an involuntary less restrictive alternative is sought, the petition shall state facts that support the finding that such person, as a result of mental disorder, presents a likelihood of serious harm, or is gravely disabled and shall set forth the less restrictive alternative proposed by the facility; and
(5) A copy of the petition has been served on the detained person, his or her attorney and his or her guardian or conservator, if any, prior to the probable cause hearing; and
(6) The court at the time the petition was filed and before the probable cause hearing has appointed counsel to represent such person if no other counsel has appeared; and
(7) The court has ordered a fourteen day involuntary intensive treatment or a ninety day less restrictive alternative treatment after a probable cause hearing has been held pursuant to RCW 71.05.240; and
(8) At the conclusion of the initial commitment period, the professional staff of the agency or facility or the county designated mental health professional may petition for an additional period of either ninety days of less restrictive alternative treatment or ninety days of involuntary intensive treatment as provided in RCW 71.05.290; and
(9) If the hospital or facility designated to provide outpatient treatment is other than the facility providing involuntary treatment, the outpatient facility so designated has agreed to assume such responsibility.
[1998 c 297 § 13; 1997 c 112 § 18; 1987 c 439 § 3; 1975 1st ex.s. c 199 § 5; 1974 ex.s. c 145 § 15; 1973 1st ex.s. c 142 § 28.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.235
Examination, evaluation of criminal defendant -- Hearing.
(1) If an individual is referred to a county designated mental health
professional under RCW 10.77.090(1)(d)(iii)(A), the county designated mental
health professional shall examine the individual within forty-eight hours. If
the county designated mental health professional determines it is not
appropriate to detain the individual or petition for a ninety-day less
restrictive alternative under RCW 71.05.230(4),
that decision shall be immediately presented to the superior court for hearing.
The court shall hold a hearing to consider the decision of the county
designated mental health professional not later than the next judicial day. At
the hearing the superior court shall review the determination of the county
designated mental health professional and determine whether an order should be entered
requiring the person to be evaluated at an evaluation and treatment facility.
No person referred to an evaluation and treatment facility may be held at the
facility longer than seventy-two hours.
(2) If an individual is placed in an evaluation and treatment facility under RCW 10.77.090(1)(d)(iii)(B), a professional person shall evaluate the individual for purposes of determining whether to file a ninety-day inpatient or outpatient petition under chapter 71.05 RCW. Before expiration of the seventy-two hour evaluation period authorized under RCW 10.77.090(1)(d)(iii)(B), the professional person shall file a petition or, if the recommendation of the professional person is to release the individual, present his or her recommendation to the superior court of the county in which the criminal charge was dismissed. The superior court shall review the recommendation not later than forty-eight hours, excluding Saturdays, Sundays, and holidays, after the recommendation is presented. If the court rejects the recommendation to unconditionally release the individual, the court may order the individual detained at a designated evaluation and treatment facility for not more than a seventy-two hour evaluation and treatment period and direct the individual to appear at a surety hearing before that court within seventy-two hours, or the court may release the individual but direct the individual to appear at a surety hearing set before that court within eleven days, at which time the prosecutor may file a petition under this chapter for ninety-day inpatient or outpatient treatment. If a petition is filed by the prosecutor, the court may order that the person named in the petition be detained at the evaluation and treatment facility that performed the evaluation under this subsection or order the respondent to be in outpatient treatment. If a petition is filed but the individual fails to appear in court for the surety hearing, the court shall order that a mental health professional or peace officer shall take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility to be brought before the court the next judicial day after detention. Upon the individual's first appearance in court after a petition has been filed, proceedings under RCW 71.05.310 and 71.05.320 shall commence. For an individual subject to this subsection, the prosecutor or professional person may directly file a petition for ninety-day inpatient or outpatient treatment and no petition for initial detention or fourteen-day detention is required before such a petition may be filed.
The court shall conduct the hearing on the petition filed under this subsection within five judicial days of the date the petition is filed. The court may continue the hearing upon the written request of the person named in the petition or the person's attorney, for good cause shown, which continuance shall not exceed five additional judicial days. If the person named in the petition requests a jury trial, the trial shall commence within ten judicial days of the date of the filing of the petition. The burden of proof shall be by clear, cogent, and convincing evidence and shall be upon the petitioner. The person shall be present at such proceeding, which shall in all respects accord with the constitutional guarantees of due process of law and the rules of evidence pursuant to RCW 71.05.250.
During the proceeding the person named in the petition shall continue to be detained and treated until released by order of the court. If no order has been made within thirty days after the filing of the petition, not including any extensions of time requested by the detained person or his or her attorney, the detained person shall be released.
(3) If a county designated mental health professional or the professional person and prosecuting attorney for the county in which the criminal charge was dismissed or attorney general, as appropriate, stipulate that the individual does not present a likelihood of serious harm or is not gravely disabled, the hearing under this section is not required and the individual, if in custody, shall be released.
(4) The individual shall have the rights specified in RCW 71.05.250.
[2000 c 74 § 6; 1999 c 11 § 1; 1998 c 297 § 18.]
NOTES:
Severability -- 2000 c 74: See note following RCW 10.77.060.
Effective date -- 1999 c 11: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect March 1, 1999, or upon approval by the governor, whichever occurs later [April 15, 1999]." [1999 c 11 § 2.]
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.237
Judicial proceedings -- Court to enter findings when recommendations of
professional person not followed.
In any judicial proceeding in which a professional person has made a
recommendation regarding whether an individual should be committed for
treatment under this chapter, and the court does not follow the recommendation,
the court shall enter findings that state with particularity its reasoning,
including a finding whether the state met its burden of proof in showing
whether the person presents a likelihood of serious harm.
[1998 c 297 § 25.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.240
Petition for involuntary treatment or alternative treatment--Probable cause
hearing.
If a petition is filed for fourteen day involuntary treatment or ninety
days of less restrictive alternative treatment, the court shall hold a probable
cause hearing within seventy-two hours of the initial detention of such person
as determined in RCW 71.05.180. If requested by the
detained person or his or her attorney, the hearing may be postponed for a
period not to exceed forty-eight hours. The hearing may also be continued
subject to the conditions set forth in RCW 71.05.210
or subject to the petitioner's showing of good cause for a period not to exceed
twenty-four hours.
At the conclusion of the probable cause hearing, if the court finds by a preponderance of the evidence that such person, as the result of mental disorder, presents a likelihood of serious harm, or is gravely disabled, and, after considering less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interests of such person or others, the court shall order that such person be detained for involuntary treatment not to exceed fourteen days in a facility certified to provide treatment by the department. If the court finds that such person, as the result of a mental disorder, presents a likelihood of serious harm, or is gravely disabled, but that treatment in a less restrictive setting than detention is in the best interest of such person or others, the court shall order an appropriate less restrictive course of treatment for not to exceed ninety days.
The court shall specifically state to such person and give such person notice in writing that if involuntary treatment beyond the fourteen day period or beyond the ninety days of less restrictive treatment is to be sought, such person will have the right to a full hearing or jury trial as required by RCW 71.05.310. The court shall also provide written notice that the person is barred from the possession of firearms.
[1997 c 112 § 19; 1992 c 168 § 3; 1987 c 439 § 5; 1979 ex.s. c 215 § 13; 1974 ex.s. c 145 § 16; 1973 1st ex.s. c 142 § 29.]
NOTES:
Severability -- 1992 c 168: See note following RCW 9.41.070.
RCW 71.05.245
Determination of likelihood of serious harm -- Use of recent history evidence.
In making a determination of whether there is a likelihood of serious harm
in a hearing conducted under RCW 71.05.240 or 71.05.320, the court shall give great weight to any
evidence before the court regarding whether the person has: (1) A recent
history of one or more violent acts; or (2) a recent history of one or more
commitments under this chapter or its equivalent provisions under the laws of
another state which were based on a likelihood of serious harm. The existence
of prior violent acts or commitments under this chapter or its equivalent shall
not be the sole basis for determining whether a person presents a likelihood of
serious harm.
For the purposes of this section "recent" refers to the period of time not exceeding three years prior to the current hearing.
[1999 c 13 § 6; 1998 c 297 § 14.]
NOTES:
Purpose -- Construction -- 1999 c 13: See note following RCW 10.77.010.
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.250
Probable cause hearing -- Detained person's rights -- Waiver of privilege --
Limitation -- Records as evidence.
At the probable cause hearing the detained person shall have the following
rights in addition to the rights previously specified:
(1) To present evidence on his or her behalf;
(2) To cross-examine witnesses who testify against him or her;
(3) To be proceeded against by the rules of evidence;
(4) To remain silent;
(5) To view and copy all petitions and reports in the court file.
The physician-patient privilege or the psychologist-client privilege shall be deemed waived in proceedings under this chapter relating to the administration of antipsychotic medications. As to other proceedings under this chapter, the privileges shall be waived when a court of competent jurisdiction in its discretion determines that such waiver is necessary to protect either the detained person or the public.
The waiver of a privilege under this section is limited to records or testimony relevant to evaluation of the detained person for purposes of a proceeding under this chapter. Upon motion by the detained person or on its own motion, the court shall examine a record or testimony sought by a petitioner to determine whether it is within the scope of the waiver.
The record maker shall not be required to testify in order to introduce medical or psychological records of the detained person so long as the requirements of RCW 5.45.020 are met except that portions of the record which contains opinions as to the detained person's mental state must be deleted from such records unless the person making such conclusions is available for cross-examination.
[1989 c 120 § 7; 1987 c 439 § 6; 1974 ex.s. c 145 § 17; 1973 1st ex.s. c 142 § 30.]
RCW 71.05.260
Release from involuntary intensive treatment -- Exception.
(1) Involuntary intensive treatment ordered at the time of the probable
cause hearing shall be for no more than fourteen days, and shall terminate
sooner when, in the opinion of the professional person in charge of the
facility or his or her professional designee, (a) the person no longer
constitutes a likelihood of serious harm, or (b) no longer is gravely disabled,
or (c) is prepared to accept voluntary treatment upon referral, or (d) is to
remain in the facility providing intensive treatment on a voluntary basis.
(2) A person who has been detained for fourteen days of intensive treatment shall be released at the end of the fourteen days unless one of the following applies: (a) Such person agrees to receive further treatment on a voluntary basis; or (b) such person is a patient to whom RCW 71.05.280 is applicable.
[1997 c 112 § 20; 1987 c 439 § 7; 1974 ex.s. c 145 § 18; 1973 1st ex.s. c 142 § 31.]
RCW 71.05.270
Temporary release.
Nothing in this chapter shall prohibit the professional person in charge of
a treatment facility, or his or her professional designee, from permitting a
person detained for intensive treatment to leave the facility for prescribed
periods during the term of the person's detention, under such conditions as may
be appropriate.
[1997 c 112 § 21; 1973 1st ex.s. c 142 § 32.]
RCW 71.05.280
Additional confinement -- Grounds.
At the expiration of the fourteen-day period of intensive treatment, a
person may be confined for further treatment pursuant to RCW 71.05.320 if:
(1) Such person after having been taken into custody for evaluation and treatment has threatened, attempted, or inflicted: (a) Physical harm upon the person of another or himself or herself, or substantial damage upon the property of another, and (b) as a result of mental disorder presents a likelihood of serious harm; or
(2) Such person was taken into custody as a result of conduct in which he or she attempted or inflicted physical harm upon the person of another or himself or herself, or substantial damage upon the property of others, and continues to present, as a result of mental disorder, a likelihood of serious harm; or
(3) Such person has been determined to be incompetent and criminal charges have been dismissed pursuant to RCW 10.77.090 (4), and has committed acts constituting a felony, and as a result of a mental disorder, presents a substantial likelihood of repeating similar acts. In any proceeding pursuant to this subsection it shall not be necessary to show intent, willfulness, or state of mind as an element of the crime; or
(4) Such person is gravely disabled.
[1998 c 297 § 15; 1997 c 112 § 22; 1986 c 67 § 3; 1979 ex.s. c 215 § 14; 1974 ex.s. c 145 § 19; 1973 1st ex.s. c 142 § 33.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.285
Additional confinement -- Prior history evidence.
In determining whether an inpatient or less restrictive alternative
commitment under the process provided in RCW 71.05.280
and 71.05.320(2) is appropriate, great weight shall
be given to evidence of a prior history or pattern of decompensation and
discontinuation of treatment resulting in: (1) Repeated hospitalizations; or
(2) repeated peace officer interventions resulting in juvenile offenses,
criminal charges, diversion programs, or jail admissions. Such evidence may be
used to provide a factual basis for concluding that the individual would not receive,
if released, such care as is essential for his or her health or safety.
[2001 c 12 § 1; 1997 c 112 § 23.]
RCW 71.05.290
Petition for additional confinement -- Affidavit.
(1) At any time during a person's fourteen day intensive treatment period, the
professional person in charge of a treatment facility or his or her
professional designee or the county designated mental health professional may
petition the superior court for an order requiring such person to undergo an
additional period of treatment. Such petition must be based on one or more of
the grounds set forth in RCW 71.05.280.
(2) The petition shall summarize the facts which support the need for further confinement and shall be supported by affidavits signed by two examining physicians, or by one examining physician and examining mental health professional. The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments which are alternatives to detention are available to such person, and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter.
(3) If a person has been determined to be incompetent pursuant to RCW 10.77.090(4), then the professional person in charge of the treatment facility or his or her professional designee or the county designated mental health professional may directly file a petition for one hundred eighty day treatment under RCW 71.05.280(3). No petition for initial detention or fourteen day detention is required before such a petition may be filed.
[1998 c 297 § 16; 1997 c 112 § 24; 1986 c 67 § 4; 1975 1st ex.s. c 199 § 6; 1974 ex.s. c 145 § 20; 1973 1st ex.s. c 142 § 34.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.300
Filing of petition -- Appearance -- Notice -- Advice as to rights -- Appointment
of representative.
The petition for ninety day treatment shall be filed with the clerk of the
superior court at least three days before expiration of the fourteen-day period
of intensive treatment. At the time of filing such petition, the clerk shall
set a time for the person to come before the court on the next judicial day
after the day of filing unless such appearance is waived by the person's
attorney, and the clerk shall notify the county designated mental health
professional. The county designated mental health professional shall
immediately notify the person detained, his or her attorney, if any, and his or
her guardian or conservator, if any, and the prosecuting attorney, and provide
a copy of the petition to such persons as soon as possible.
At the time set for appearance the detained person shall be brought before the court, unless such appearance has been waived and the court shall advise him or her of his or her right to be represented by an attorney and of his or her right to a jury trial. If the detained person is not represented by an attorney, or is indigent or is unwilling to retain an attorney, the court shall immediately appoint an attorney to represent him or her. The court shall, if requested, appoint a reasonably available licensed physician, psychologist, or psychiatrist, designated by the detained person to examine and testify on behalf of the detained person.
The court may, if requested, also appoint a professional person as defined in RCW 71.05.020 to seek less restrictive alternative courses of treatment and to testify on behalf of the detained person. In the case of a developmentally disabled person who has been determined to be incompetent pursuant to RCW 10.77.090(4), then the appointed professional person under this section shall be a developmental disabilities professional.
The court shall also set a date for a full hearing on the petition as provided in RCW 71.05.310.
[1998 c 297 § 17; 1997 c 112 § 25; 1989 c 420 § 14; 1987 c 439 § 8; 1975 1st ex.s. c 199 § 7; 1974 ex.s. c 145 § 21; 1973 1st ex.s. c 142 § 35.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.310
Time for hearing -- Due process -- Jury trial -- Continuation of treatment.
The court shall conduct a hearing on the petition for ninety day treatment
within five judicial days of the first court appearance after the probable
cause hearing. The court may continue the hearing upon the written request of
the person named in the petition or the person's attorney, for good cause
shown, which continuance shall not exceed five additional judicial days. If the
person named in the petition requests a jury trial, the trial shall commence
within ten judicial days of the first court appearance after the probable cause
hearing. The burden of proof shall be by clear, cogent, and convincing evidence
and shall be upon the petitioner. The person shall be present at such
proceeding, which shall in all respects accord with the constitutional
guarantees of due process of law and the rules of evidence pursuant to RCW 71.05.250.
During the proceeding, the person named in the petition shall continue to be treated until released by order of the superior court. If no order has been made within thirty days after the filing of the petition, not including extensions of time requested by the detained person or his or her attorney, the detained person shall be released.
[1987 c 439 § 9; 1975 1st ex.s. c 199 § 8; 1974 ex.s. c 145 § 22; 1973 1st ex.s. c 142 § 36.]
RCW 71.05.320
Remand for additional treatment -- Duration -- Developmentally disabled --
Grounds -- Hearing.
(1) If the court or jury finds that grounds set forth in RCW 71.05.280 have been proven and that the best interests
of the person or others will not be served by a less restrictive treatment
which is an alternative to detention, the court shall remand him or her to the
custody of the department or to a facility certified for ninety day treatment
by the department for a further period of intensive treatment not to exceed
ninety days from the date of judgment: PROVIDED, That if the grounds set forth
in RCW 71.05.280(3) are the basis of commitment,
then the period of treatment may be up to but not exceed one hundred eighty
days from the date of judgment in a facility certified for one hundred eighty
day treatment by the department. If the committed person is developmentally
disabled and has been determined incompetent pursuant to RCW 10.77.090(4), and
the best interests of the person or others will not be served by a
less-restrictive treatment which is an alternative to detention, the court shall
remand him or her to the custody of the department or to a facility certified
for one hundred eighty-day treatment by the department. When appropriate and
subject to available funds, treatment and training of such persons must be
provided in a program specifically reserved for the treatment and training of
developmentally disabled persons. A person so committed shall receive
habilitation services pursuant to an individualized service plan specifically
developed to treat the behavior which was the subject of the criminal
proceedings. The treatment program shall be administered by developmental
disabilities professionals and others trained specifically in the needs of
developmentally disabled persons. The department may limit admissions to this
specialized program in order to ensure that expenditures for services do not
exceed amounts appropriated by the legislature and allocated by the department
for such services. The department may establish admission priorities in the
event that the number of eligible persons exceeds the limits set by the
department. An order for treatment less restrictive than involuntary detention
may include conditions, and if such conditions are not adhered to, the
designated mental health professional or developmental disabilities professional
may order the person apprehended under the terms and conditions of RCW 71.05.340.
If the court or jury finds that grounds set forth in RCW 71.05.280 have been proven, but finds that treatment less restrictive than detention will be in the best interest of the person or others, then the court shall remand him or her to the custody of the department or to a facility certified for ninety day treatment by the department or to a less restrictive alternative for a further period of less restrictive treatment not to exceed ninety days from the date of judgment: PROVIDED, That if the grounds set forth in RCW 71.05.280(3) are the basis of commitment, then the period of treatment may be up to but not exceed one hundred eighty days from the date of judgment.
(2) The person shall be released from involuntary treatment at the expiration of the period of commitment imposed under subsection (1) of this section unless the superintendent or professional person in charge of the facility in which he or she is confined, or in the event of a less restrictive alternative, the designated mental health professional or developmental disabilities professional, files a new petition for involuntary treatment on the grounds that the committed person;
(a) During the current period of court ordered treatment: (i) Has threatened, attempted, or inflicted physical harm upon the person of another, or substantial damage upon the property of another, and (ii) as a result of mental disorder or developmental disability presents a likelihood of serious harm; or
(b) Was taken into custody as a result of conduct in which he or she attempted or inflicted serious physical harm upon the person of another, and continues to present, as a result of mental disorder or developmental disability a likelihood of serious harm; or
(c) Is in custody pursuant to RCW 71.05.280(3) and as a result of mental disorder or developmental disability presents a substantial likelihood of repeating similar acts considering the charged criminal behavior, life history, progress in treatment, and the public safety; or
(d) Continues to be gravely disabled.
If the conduct required to be proven in (b) and (c) of this subsection was found by a judge or jury in a prior trial under this chapter, it shall not be necessary to reprove that element. Such new petition for involuntary treatment shall be filed and heard in the superior court of the county of the facility which is filing the new petition for involuntary treatment unless good cause is shown for a change of venue. The cost of the proceedings shall be borne by the state.
The hearing shall be held as provided in RCW 71.05.310, and if the court or jury finds that the grounds for additional confinement as set forth in this subsection are present, the court may order the committed person returned for an additional period of treatment not to exceed one hundred eighty days from the date of judgment. At the end of the one hundred eighty day period of commitment, the committed person shall be released unless a petition for another one hundred eighty day period of continued treatment is filed and heard in the same manner as provided in this subsection. Successive one hundred eighty day commitments are permissible on the same grounds and pursuant to the same procedures as the original one hundred eighty day commitment.
(3) No person committed as provided in this section may be detained unless a valid order of commitment is in effect. No order of commitment can exceed one hundred eighty days in length.
[1999 c 13 § 7; 1997 c 112 § 26; 1989 c 420 § 15; 1986 c 67 § 5; 1979 ex.s. c 215 § 15; 1975 1st ex.s. c 199 § 9; 1974 ex.s. c 145 § 23; 1973 1st ex.s. c 142 § 37.]
NOTES:
Purpose -- Construction -- 1999 c 13: See note following RCW 10.77.010.
RCW 71.05.325
Release -- Authorized leave -- Notice to prosecuting attorney.
(1) Before a person committed under grounds set forth in RCW 71.05.280(3) is released because a new petition for
involuntary treatment has not been filed under RCW 71.05.320(2),
the superintendent, professional person, or designated mental health professional
responsible for the decision whether to file a new petition shall in writing
notify the prosecuting attorney of the county in which the criminal charges
against the committed person were dismissed, of the decision not to file a new
petition for involuntary treatment. Notice shall be provided at least
forty-five days before the period of commitment expires.
(2)(a) Before a person committed under grounds set forth in RCW 71.05.280(3) is permitted temporarily to leave a treatment facility pursuant to RCW 71.05.270 for any period of time without constant accompaniment by facility staff, the superintendent, professional person in charge of a treatment facility, or his or her professional designee shall in writing notify the prosecuting attorney of any county of the person's destination and the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed. The notice shall be provided at least forty-five days before the anticipated leave and shall describe the conditions under which the leave is to occur.
(b) The provisions of RCW 71.05.330(2) apply to proposed leaves, and either or both prosecuting attorneys receiving notice under this subsection may petition the court under RCW 71.05.330(2).
(3) Nothing in this section shall be construed to authorize detention of a person unless a valid order of commitment is in effect.
(4) The existence of the notice requirements in this section will not require any extension of the leave date in the event the leave plan changes after notification.
(5) The notice requirements contained in this section shall not apply to emergency medical transfers.
(6) The notice provisions of this section are in addition to those provided in RCW 71.05.425.
[2000 c 94 § 7; 1994 c 129 § 8; 1990 c 3 § 111; 1989 c 401 § 1; 1986 c 67 § 2.]
NOTES:
Findings -- Intent -- 1994 c 129: See note following RCW 4.24.550.
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
RCW 71.05.330
Early release -- Notice to court and prosecuting attorney -- Petition for hearing.
(1) Nothing in this chapter shall prohibit the superintendent or
professional person in charge of the hospital or facility in which the person
is being involuntarily treated from releasing him or her prior to the
expiration of the commitment period when, in the opinion of the superintendent
or professional person in charge, the person being involuntarily treated no
longer presents a likelihood of serious harm.
Whenever the superintendent or professional person in charge of a hospital or facility providing involuntary treatment pursuant to this chapter releases a person prior to the expiration of the period of commitment, the superintendent or professional person in charge shall in writing notify the court which committed the person for treatment.
(2) Before a person committed under grounds set forth in RCW 71.05.280(3) or 71.05.320(2)(c) is released under this section, the superintendent or professional person in charge shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the release date. Notice shall be provided at least thirty days before the release date. Within twenty days after receiving notice, the prosecuting attorney may petition the court in the county in which the person is being involuntarily treated for a hearing to determine whether the person is to be released. The prosecuting attorney shall provide a copy of the petition to the superintendent or professional person in charge of the hospital or facility providing involuntary treatment, the attorney, if any, and the guardian or conservator of the committed person. The court shall conduct a hearing on the petition within ten days of filing the petition. The committed person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as set forth in this subsection and except that there shall be no right to jury trial. The issue to be determined at the hearing is whether or not the person may be released without substantial danger to other persons, or substantial likelihood of committing criminal acts jeopardizing public safety or security. If the court disapproves of the release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court upon the hearing, the committed person shall be released or shall be returned for involuntary treatment subject to release at the end of the period for which he or she was committed, or otherwise in accordance with the provisions of this chapter.
[1998 c 297 § 20; 1997 c 112 § 27; 1986 c 67 § 1; 1973 1st ex.s. c 142 § 38.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.335
Modification of order for inpatient treatment -- Intervention by prosecuting
attorney.
In any proceeding under this chapter to modify a commitment order of a
person committed to inpatient treatment under grounds set forth in RCW 71.05.280(3) or 71.05.320(2)(c)
in which the requested relief includes treatment less restrictive than
detention, the prosecuting attorney shall be entitled to intervene. The party
initiating the motion to modify the commitment order shall serve the
prosecuting attorney of the county in which the criminal charges against the
committed person were dismissed with written notice and copies of the
initiating papers.
[1986 c 67 § 7.]
RCW 71.05.340
Outpatient treatment or care -- Conditional release -- Procedures for
revocation.
(1)(a) When, in the opinion of the superintendent or the professional
person in charge of the hospital or facility providing involuntary treatment,
the committed person can be appropriately served by outpatient treatment prior
to or at the expiration of the period of commitment, then such outpatient care
may be required as a term of conditional release for a period which, when added
to the inpatient treatment period, shall not exceed the period of commitment.
If the hospital or facility designated to provide outpatient treatment is other
than the facility providing involuntary treatment, the outpatient facility so
designated must agree in writing to assume such responsibility. A copy of the
terms of conditional release shall be given to the patient, the county
designated mental health professional in the county in which the patient is to
receive outpatient treatment, and to the court of original commitment.
(b) Before a person committed under grounds set forth in RCW 71.05.280(3) or 71.05.320(2)(c) is conditionally released under (a) of this subsection, the superintendent or professional person in charge of the hospital or facility providing involuntary treatment shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision to conditionally release the person. Notice and a copy of the terms of conditional release shall be provided at least thirty days before the person is released from inpatient care. Within twenty days after receiving notice, the prosecuting attorney may petition the court in the county that issued the commitment order to hold a hearing to determine whether the person may be conditionally released and the terms of the conditional release. The prosecuting attorney shall provide a copy of the petition to the superintendent or professional person in charge of the hospital or facility providing involuntary treatment, the attorney, if any, and guardian or conservator of the committed person, and the court of original commitment. If the county in which the committed person is to receive outpatient treatment is the same county in which the criminal charges against the committed person were dismissed, then the court shall, upon the motion of the prosecuting attorney, transfer the proceeding to the court in that county. The court shall conduct a hearing on the petition within ten days of the filing of the petition. The committed person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as set forth in this subsection and except that there shall be no right to jury trial. The issue to be determined at the hearing is whether or not the person may be conditionally released without substantial danger to other persons, or substantial likelihood of committing criminal acts jeopardizing public safety or security. If the court disapproves of the conditional release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court upon the hearing, the conditional release of the person shall be approved by the court on the same or modified conditions or the person shall be returned for involuntary treatment on an inpatient basis subject to release at the end of the period for which he or she was committed, or otherwise in accordance with the provisions of this chapter.
(2) The hospital or facility designated to provide outpatient care or the secretary may modify the conditions for continued release when such modification is in the best interest of the person. Notification of such changes shall be sent to all persons receiving a copy of the original conditions.
(3)(a) If the hospital or facility designated to provide outpatient care, the county designated mental health professional, or the secretary determines that:
(i) A conditionally released person is failing to adhere to the terms and conditions of his or her release;
(ii) Substantial deterioration in a conditionally released person's functioning has occurred;
(iii) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further inpatient treatment; or
(iv) The person poses a likelihood of serious harm.
Upon notification by the hospital or facility designated to provide outpatient care, or on his or her own motion, the county designated mental health professional or the secretary may order that the conditionally released person be apprehended and taken into custody and temporarily detained in an evaluation and treatment facility in or near the county in which he or she is receiving outpatient treatment.
(b) The hospital or facility designated to provide outpatient treatment shall notify the secretary or county designated mental health professional when a conditionally released person fails to adhere to terms and conditions of his or her conditional release or experiences substantial deterioration in his or her condition and, as a result, presents an increased likelihood of serious harm. The county designated mental health professional or secretary shall order the person apprehended and temporarily detained in an evaluation and treatment facility in or near the county in which he or she is receiving outpatient treatment.
(c) A person detained under this subsection (3) shall be held until such time, not exceeding five days, as a hearing can be scheduled to determine whether or not the person should be returned to the hospital or facility from which he or she had been conditionally released. The county designated mental health professional or the secretary may modify or rescind such order at any time prior to commencement of the court hearing.
(d) The court that originally ordered commitment shall be notified within two judicial days of a person's detention under the provisions of this section, and the county designated mental health professional or the secretary shall file his or her petition and order of apprehension and detention with the court and serve them upon the person detained. His or her attorney, if any, and his or her guardian or conservator, if any, shall receive a copy of such papers as soon as possible. Such person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as specifically set forth in this section and except that there shall be no right to jury trial. The issues to be determined shall be: (i) Whether the conditionally released person did or did not adhere to the terms and conditions of his or her conditional release; (ii) that substantial deterioration in the person's functioning has occurred; (iii) there is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further inpatient treatment; or (iv) there is a likelihood of serious harm; and, if any of the conditions listed in this subsection (3)(d) have occurred, whether the terms of conditional release should be modified or the person should be returned to the facility.
(e) Pursuant to the determination of the court upon such hearing, the conditionally released person shall either continue to be conditionally released on the same or modified conditions or shall be returned for involuntary treatment on an inpatient basis subject to release at the end of the period for which he or she was committed for involuntary treatment, or otherwise in accordance with the provisions of this chapter. Such hearing may be waived by the person and his or her counsel and his or her guardian or conservator, if any, but shall not be waivable unless all such persons agree to waive, and upon such waiver the person may be returned for involuntary treatment or continued on conditional release on the same or modified conditions.
(4) The proceedings set forth in subsection (3) of this section may be initiated by the county designated mental health professional or the secretary on the same basis set forth therein without requiring or ordering the apprehension and detention of the conditionally released person, in which case the court hearing shall take place in not less than five days from the date of service of the petition upon the conditionally released person.
Upon expiration of the period of commitment, or when the person is released from outpatient care, notice in writing to the court which committed the person for treatment shall be provided.
(5) The grounds and procedures for revocation of less restrictive alternative treatment shall be the same as those set forth in this section for conditional releases.
(6) In the event of a revocation of a conditional release, the subsequent treatment period may be for no longer than the actual period authorized in the original court order.
[2000 c 94 § 8; 1998 c 297 § 21; 1997 c 112 § 28; 1987 c 439 § 10; 1986 c 67 § 6; 1979 ex.s. c 215 § 16; 1974 ex.s. c 145 § 24; 1973 1st ex.s. c 142 § 39.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.350
Assistance to released persons.
No indigent patient shall be conditionally released or discharged from
involuntary treatment without suitable clothing, and the superintendent of a
state hospital shall furnish the same, together with such sum of money as he or
she deems necessary for the immediate welfare of the patient. Such sum of money
shall be the same as the amount required by RCW 72.02.100 to be provided to
persons in need being released from correctional institutions. As funds are
available, the secretary may provide payment to indigent persons conditionally
released pursuant to this chapter consistent with the optional provisions of
RCW 72.02.100 and 72.02.110, and may adopt rules and regulations to do so.
[1997 c 112 § 29; 1973 1st ex.s. c 142 § 40.]
RCW 71.05.360
Rights of involuntarily detained persons.
(1) Every person involuntarily detained or committed under the provisions
of this chapter shall be entitled to all the rights set forth in this chapter
and shall retain all rights not denied him or her under this chapter.
(2) Each person involuntarily detained or committed pursuant to this chapter shall have the right to adequate care and individualized treatment.
[1997 c 112 § 30; 1974 ex.s. c 145 § 25; 1973 1st ex.s. c 142 § 41.]
RCW 71.05.370
Rights -- Posting of list.
Insofar as danger to the individual or others is not created, each person
involuntarily detained, treated in a less restrictive alternative course of
treatment, or committed for treatment and evaluation pursuant to this chapter
shall have, in addition to other rights not specifically withheld by law, the
following rights, a list of which shall be prominently posted in all
facilities, institutions, and hospitals providing such services:
(1) To wear his or her own clothes and to keep and use his or her own personal possessions, except when deprivation of same is essential to protect the safety of the resident or other persons;
(2) To keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases;
(3) To have access to individual storage space for his or her private use;
(4) To have visitors at reasonable times;
(5) To have reasonable access to a telephone, both to make and receive confidential calls;
(6) To have ready access to letter writing materials, including stamps, and to send and receive uncensored correspondence through the mails;
(7) Not to consent to the administration of antipsychotic medications beyond the hearing conducted pursuant to RCW 71.05.320(2) or the performance of electroconvulsant therapy or surgery, except emergency life-saving surgery, unless ordered by a court of competent jurisdiction pursuant to the following standards and procedures:
(a) The administration of antipsychotic medication or electroconvulsant therapy shall not be ordered unless the petitioning party proves by clear, cogent, and convincing evidence that there exists a compelling state interest that justifies overriding the patient's lack of consent to the administration of antipsychotic medications or electroconvulsant therapy, that the proposed treatment is necessary and effective, and that medically acceptable alternative forms of treatment are not available, have not been successful, or are not likely to be effective.
(b) The court shall make specific findings of fact concerning: (i) The existence of one or more compelling state interests; (ii) the necessity and effectiveness of the treatment; and (iii) the person's desires regarding the proposed treatment. If the patient is unable to make a rational and informed decision about consenting to or refusing the proposed treatment, the court shall make a substituted judgment for the patient as if he or she were competent to make such a determination.
(c) The person shall be present at any hearing on a request to administer antipsychotic medication or electroconvulsant therapy filed pursuant to this subsection. The person has the right: (i) To be represented by an attorney; (ii) to present evidence; (iii) to cross-examine witnesses; (iv) to have the rules of evidence enforced; (v) to remain silent; (vi) to view and copy all petitions and reports in the court file; and (vii) to be given reasonable notice and an opportunity to prepare for the hearing. The court may appoint a psychiatrist, psychologist within their scope of practice, or physician to examine and testify on behalf of such person. The court shall appoint a psychiatrist, psychologist within their scope of practice, or physician designated by such person or the person's counsel to testify on behalf of the person in cases where an order for electroconvulsant therapy is sought.
(d) An order for the administration of antipsychotic medications entered following a hearing conducted pursuant to this section shall be effective for the period of the current involuntary treatment order, and any interim period during which the person is awaiting trial or hearing on a new petition for involuntary treatment or involuntary medication.
(e) Any person detained pursuant to RCW 71.05.320(2), who subsequently refuses antipsychotic medication, shall be entitled to the procedures set forth in RCW 71.05.370(7).
(f) Antipsychotic medication may be administered to a nonconsenting person detained or committed pursuant to this chapter without a court order pursuant to RCW 71.05.215(2) or under the following circumstances:
(i) A person presents an imminent likelihood of serious harm;
(ii) Medically acceptable alternatives to administration of antipsychotic medications are not available, have not been successful, or are not likely to be effective; and
(iii) In the opinion of the physician with responsibility for treatment of the person, or his or her designee, the person's condition constitutes an emergency requiring the treatment be instituted before a judicial hearing as authorized pursuant to this section can be held.
If antipsychotic medications are administered over a person's lack of consent pursuant to this subsection, a petition for an order authorizing the administration of antipsychotic medications shall be filed on the next judicial day. The hearing shall be held within two judicial days. If deemed necessary by the physician with responsibility for the treatment of the person, administration of antipsychotic medications may continue until the hearing is held;
(8) To dispose of property and sign contracts unless such person has been adjudicated an incompetent in a court proceeding directed to that particular issue;
(9) Not to have psychosurgery performed on him or her under any circumstances.
[1997 c 112 § 31; 1991 c 105 § 5; 1989 c 120 § 8; 1974 ex.s. c 145 § 26; 1973 1st ex.s. c 142 § 42.]
NOTES:
Severability -- 1991 c 105: See note following RCW 71.05.215.
RCW 71.05.380
Rights of voluntarily committed persons.
All persons voluntarily entering or remaining in any facility, institution,
or hospital providing evaluation and treatment for mental disorder shall have
no less than all rights secured to involuntarily detained persons by RCW 71.05.360 and 71.05.370.
[1973 1st ex.s. c 142 § 43.]
RCW 71.05.390
Confidential information and records -- Disclosure.
Except as provided in this section, the fact of admission and all
information and records compiled, obtained, or maintained in the course of
providing services to either voluntary or involuntary recipients of services at
public or private agencies shall be confidential.
Information and records may be disclosed only:
(1) In communications between qualified professional persons to meet the requirements of this chapter, in the provision of services or appropriate referrals, or in the course of guardianship proceedings. The consent of the patient, or his or her guardian, shall be obtained before information or records may be disclosed by a professional person employed by a facility unless provided to a professional person: (a) Employed by the facility; (b) who has medical responsibility for the patient's care; (c) who is a county designated mental health professional; (d) who is providing services under chapter 71.24 RCW; (e) who is employed by a state or local correctional facility where the person is confined; or (f) who is providing evaluation, treatment, or follow-up services under chapter 10.77 RCW.
(2) When the communications regard the special needs of a patient and the necessary circumstances giving rise to such needs and the disclosure is made by a facility providing outpatient services to the operator of a care facility in which the patient resides.
(3) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents make such designation.
(4) To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.
(5) For either program evaluation or research, or both: PROVIDED, That the secretary adopts rules for the conduct of the evaluation or research, or both. Such rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality substantially as follows:
"As a condition of conducting evaluation or research concerning persons
who have received services from (fill in the facility, agency, or person) I, .
. . . . . . . ., agree not to divulge, publish, or otherwise make known to
unauthorized persons or the public any information obtained in the course of
such evaluation or research regarding persons who have received services such
that the person who received such services is identifiable.
I recognize that unauthorized release of confidential information may subject me to civil liability under the provisions of state law.
|
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/s/ . . . . . . . . . . . . " |
(6) To the courts as necessary to the administration of this chapter or to a
court ordering an evaluation or treatment under chapter 10.77 RCW solely for
the purpose of preventing the entry of any evaluation or treatment order that
is inconsistent with any order entered under this chapter.
(7) To law enforcement officers, public health officers, or personnel of the department of corrections or the indeterminate sentence review board for persons who are the subject of the records and who are committed to the custody of the department of corrections or indeterminate sentence review board which information or records are necessary to carry out the responsibilities of their office. Except for dissemination of information released pursuant to RCW 71.05.425 and 4.24.550, regarding persons committed under this chapter under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, the extent of information that may be released is limited as follows:
(a) Only the fact, place, and date of involuntary commitment, the fact and date of discharge or release, and the last known address shall be disclosed upon request; and
(b) The law enforcement and public health officers or personnel of the department of corrections or indeterminate sentence review board shall be obligated to keep such information confidential in accordance with this chapter; and
(c) Additional information shall be disclosed only after giving notice to said person and his or her counsel and upon a showing of clear, cogent, and convincing evidence that such information is necessary and that appropriate safeguards for strict confidentiality are and will be maintained. However, in the event the said person has escaped from custody, said notice prior to disclosure is not necessary and that the facility from which the person escaped shall include an evaluation as to whether the person is of danger to persons or property and has a propensity toward violence.
(8) To the attorney of the detained person.
(9) To the prosecuting attorney as necessary to carry out the responsibilities of the office under RCW 71.05.330(2) and71.05.340 (1)(b) and 71.05.335. The prosecutor shall be provided access to records regarding the committed person's treatment and prognosis, medication, behavior problems, and other records relevant to the issue of whether treatment less restrictive than inpatient treatment is in the best interest of the committed person or others. Information shall be disclosed only after giving notice to the committed person and the person's counsel.
(10) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of commitment, admission, discharge, or release, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence.
(11) To appropriate law enforcement agencies, upon request, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. The decision to disclose or not shall not result in civil liability for the mental health service provider or its employees so long as the decision was reached in good faith and without gross negligence.
(12) To the persons designated in RCW 71.05.425 for the purposes described in that section.
(13) Civil liability and immunity for the release of information about a particular person who is committed to the department under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, is governed by RCW 4.24.550.
(14) To a patient's next of kin, guardian, or conservator, if any, in the event of death, as provided in RCW 71.05.400.
(15) To the department of health for the purposes of determining compliance with state or federal licensure, certification, or registration rules or laws. However, the information and records obtained under this subsection are exempt from public inspection and copying pursuant to chapter 42.17 RCW.
The fact of admission, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to this chapter shall not be admissible as evidence in any legal proceeding outside this chapter without the written consent of the person who was the subject of the proceeding except in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(2)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial or in a civil commitment proceeding pursuant to chapter 71.09 RCW. The records and files maintained in any court proceeding pursuant to this chapter shall be confidential and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney. In addition, the court may order the subsequent release or use of such records or files only upon good cause shown if the court finds that appropriate safeguards for strict confidentiality are and will be maintained.
[2000 c 94 § 9; 2000 c 75 § 6; 2000 c 74 § 7; 1999 c 12 § 1; 1998 c 297 § 22; 1993 c 448 § 6; 1990 c 3 § 112; 1986 c 67 § 8; 1985 c 207 § 1; 1983 c 196 § 4; 1979 ex.s. c 215 § 17; 1975 1st ex.s. c 199 § 10; 1974 ex.s. c 145 § 27; 1973 1st ex.s. c 142 § 44.]
NOTES:
Reviser's note: This section was amended by 2000 c 74 § 7, 2000 c 75 § 6, and by 2000 c 94 § 9, each without reference to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent -- 2000 c 75: See note following RCW 71.05.445.
Severability -- 2000 c 74: See note following RCW 10.77.060.
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
Effective date -- 1993 c 448: See note following RCW 70.02.010.
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
RCW 71.05.395
Application of uniform health care information act, chapter 70.02 RCW.
Except as otherwise provided in this chapter, the uniform health care
information act, chapter 70.02 RCW, applies to all records and information
compiled, obtained, or maintained in the course of providing services.
[1993 c 448 § 8.]
NOTES:
Effective date -- 1993 c 448: See note following RCW 70.02.010.
RCW 71.05.400
Release of information to patient's next of kin, attorney, guardian,
conservator -- Notification of patient's death.
(1) A public or private agency shall release to a patient's next of kin,
attorney, guardian, or conservator, if any,
(a) The information that the person is presently a patient in the facility or that the person is seriously physically ill;
(b) A statement evaluating the mental and physical condition of the patient, and a statement of the probable duration of the patient's confinement, if such information is requested by the next of kin, attorney, guardian, or conservator; and such other information requested by the next of kin or attorney as may be necessary to decide whether or not proceedings should be instituted to appoint a guardian or conservator.
(2) Upon the death of a patient, his or her next of kin, guardian, or conservator, if any, shall be notified.
Next of kin who are of legal age and competent shall be notified under this section in the following order: Spouse, parents, children, brothers and sisters, and other relatives according to the degree of relation. Access to all records and information compiled, obtained, or maintained in the course of providing services to a deceased patient shall be governed by RCW 70.02.140.
[1993 c 448 § 7; 1974 ex.s. c 115 § 1; 1973 2nd ex.s. c 24 § 6; 1973 1st ex.s. c 142 § 45.]
NOTES:
Effective date -- 1993 c 448: See note following RCW 70.02.010.
RCW 71.05.410
Notice of disappearance of patient.
When a patient would otherwise be subject to the provisions of RCW 71.05.390 and disclosure is necessary for the
protection of the patient or others due to his or her unauthorized
disappearance from the facility, and his or her whereabouts is unknown, notice
of such disappearance, along with relevant information, may be made to
relatives and governmental law enforcement agencies designated by the physician
in charge of the patient or the professional person in charge of the facility,
or his or her professional designee.
[1997 c 112 § 32; 1973 2nd ex.s. c 24 § 7; 1973 1st ex.s. c 142 § 46.]
RCW 71.05.420
Records of disclosure.
Except as provided in RCW 71.05.425, when any
disclosure of information or records is made as authorized by RCW 71.05.390 through 71.05.410,
the physician in charge of the patient or the professional person in charge of
the facility shall promptly cause to be entered into the patient's medical
record the date and circumstances under which said disclosure was made, the
names and relationships to the patient, if any, of the persons or agencies to
whom such disclosure was made, and the information disclosed.
[1990 c 3 § 113; 1973 1st ex.s. c 142 § 47.]
NOTES:
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
RCW 71.05.425
Persons committed following dismissal of sex, violent, or felony harassment
offense -- Notification of conditional release, final release, leave, transfer,
or escape -- To whom given -- Definitions.
(1)(a) Except as provided in subsection (2) of this section, at the
earliest possible date, and in no event later than thirty days before
conditional release, final release, authorized leave under RCW 71.05.325(2), or transfer to a facility other than a
state mental hospital, the superintendent shall send written notice of
conditional release, release, authorized leave, or transfer of a person
committed under RCW 71.05.280(3) or 71.05.320(2)(c) following dismissal of a sex, violent,
or felony harassment offense pursuant to RCW 10.77.090(4) to the following:
(i) The chief of police of the city, if any, in which the person will reside; and
(ii) The sheriff of the county in which the person will reside.
(b) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific person committed under RCW 71.05.280(3) or 71.05.320(2)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to RCW 10.77.090(4):
(i) The victim of the sex, violent, or felony harassment offense that was dismissed pursuant to RCW 10.77.090(4) preceding commitment under RCW 71.05.280(3) or 71.05.320(2)(c) or the victim's next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the person in any court proceedings; and
(iii) Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the person committed under this chapter.
(c) The thirty-day notice requirements contained in this subsection shall not apply to emergency medical transfers.
(d) The existence of the notice requirements in this subsection will not require any extension of the release date in the event the release plan changes after notification.
(2) If a person committed under RCW 71.05.280(3) or 71.05.320(2)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to RCW 10.77.090(4) escapes, the superintendent shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the person resided immediately before the person's arrest. If previously requested, the superintendent shall also notify the witnesses and the victim of the sex, violent, or felony harassment offense that was dismissed pursuant to RCW 10.77.090(4) preceding commitment under RCW 71.05.280(3) or 71.05.320(2) or the victim's next of kin if the crime was a homicide. In addition, the secretary shall also notify appropriate parties pursuant to RCW 71.05.410. If the person is recaptured, the superintendent shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.
(3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parent or legal guardian of the child.
(4) The superintendent shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
(5) For purposes of this section the following terms have the following meanings:
(a) "Violent offense" means a violent offense under RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW 9.94A.030;
(c) "Next of kin" means a person's spouse, parents, siblings, and children;
(d) "Felony harassment offense" means a crime of harassment as defined in RCW 9A.46.060 that is a felony.
[2000 c 94 § 10; 1999 c 13 § 8; 1994 c 129 § 9; 1992 c 186 § 9; 1990 c 3 § 109.]
NOTES:
Purpose -- Construction -- 1999 c 13: See note following RCW 10.77.010.
Findings -- Intent -- 1994 c 129: See note following RCW 4.24.550.
Severability -- 1992 c 186: See note following RCW 9A.46.110.
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
RCW 71.05.427
Persons committed following dismissal of sex offense -- Release of information
authorized.
In addition to any other information required to be released under this
chapter, the department is authorized, pursuant to RCW 4.24.550, to release
relevant information that is necessary to protect the public, concerning a
specific person committed under RCW 71.05.280(3) or
71.05.320(2)(c) following dismissal of a sex
offense as defined in RCW 9.94A.030.
[1990 c 3 § 110.]
NOTES:
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
RCW 71.05.430
Statistical data.
Nothing in this chapter shall be construed to prohibit the compilation and
publication of statistical data for use by government or researchers under standards,
including standards to assure maintenance of confidentiality, set forth by the
secretary of the department of social and health services.
[1973 1st ex.s. c 142 § 48.]
RCW 71.05.440
Action for unauthorized release of confidential information -- Liquidated
damages -- Treble damages -- Injunction.
Except as provided in RCW 4.24.550, any person may bring an action against
an individual who has willfully released confidential information or records
concerning him or her in violation of the provisions of this chapter, for the
greater of the following amounts:
(1) One thousand dollars; or
(2) Three times the amount of actual damages sustained, if any. It shall not be a prerequisite to recovery under this section that the plaintiff shall have suffered or be threatened with special, as contrasted with general, damages.
Any person may bring an action to enjoin the release of confidential information or records concerning him or her or his or her ward, in violation of the provisions of this chapter, and may in the same action seek damages as provided in this section.
The court may award to the plaintiff, should he or she prevail in an action authorized by this section, reasonable attorney fees in addition to those otherwise provided by law.
[1990 c 3 § 114; 1974 ex.s. c 145 § 28; 1973 1st ex.s. c 142 § 49.]
NOTES:
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
RCW 71.05.445
Mental health services information -- Release to department of corrections --
Rules.
(1) The definitions in this subsection apply throughout this section unless
the context clearly requires otherwise.
(a) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information.
(b) "Mental health service provider" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.05.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.05.020, community mental health service delivery systems, or community mental health programs as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.
(2) Information related to mental health services delivered to a person subject to chapter 9.94A or 9.95 RCW shall be released, upon request, by a mental health service provider to department of corrections personnel for whom the information is necessary to carry out the responsibilities of their office. The information must be provided only for the purpose of completing presentence investigations, supervision of an incarcerated person, planning for and provision of supervision of a person, or assessment of a person's risk to the community. The request shall be in writing and shall not require the consent of the subject of the records.
(3) The information to be released to the department of corrections shall include all relevant records and reports, as defined by rule, necessary for the department of corrections to carry out its duties, including those records and reports identified in subsection (2) of this section.
(4) The department and the department of corrections, in consultation with regional support networks, mental health service providers as defined in subsection (1) of this section, mental health consumers, and advocates for persons with mental illness, shall adopt rules to implement the provisions of this section related to the type and scope of information to be released. These rules shall:
(a) Enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A or 9.95 RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and
(b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.
(5) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in chapter 71.05 RCW, except as provided in RCW 72.09.585.
(6) No mental health service provider or individual employed by a mental health service provider shall be held responsible for information released to or used by the department of corrections under the provisions of this section or rules adopted under this section except under RCW 71.05.670 and 71.05.440.
(7) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the release of the information may be restricted as necessary to comply with federal law and regulations.
(8) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.
[2002 c 39 § 2; 2000 c 75 § 3.]
NOTES:
Intent -- 2000 c 75: "It is the intent of the legislature to enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A RCW by authorizing access to, and release or disclosure of, necessary information related to mental health services. This includes accessing and releasing or disclosing information of persons who received mental health services as a minor. The legislature does not intend this act to readdress access to information and records regarding continuity of care.
The legislature recognizes that persons with mental illness have a right to the confidentiality of information related to mental health services, including the fact of their receiving such services, unless there is a state interest that supersedes this right. It is the intent of the legislature to balance that right of the individual with the state interest to enhance public safety." [2000 c 75 § 1.]
RCW 71.05.450
Competency -- Effect -- Statement of Washington law.
Competency shall not be determined or withdrawn by operation of, or under
the provisions of this chapter. Except as chapter 9.41 RCW may limit the right
of a person to purchase or possess a firearm or to qualify for a concealed
pistol license, no person shall be presumed incompetent or lose any civil
rights as a consequence of receiving evaluation or treatment for mental
disorder, either voluntarily or involuntarily, or certification or commitment
pursuant to this chapter or any prior laws of this state dealing with mental
illness. Any person who leaves a public or private agency following evaluation
or treatment for mental disorder shall be given a written statement setting
forth the substance of this section.
[1994 sp.s. c 7 § 440; 1973 1st ex.s. c 142 § 50.]
NOTES:
Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
RCW 71.05.460
Right to counsel.
Every person involuntarily detained shall immediately be informed of his or
her right to a hearing to review the legality of his or her detention and of
his or her right to counsel, by the professional person in charge of the
facility providing evaluation and treatment, or his or her designee, and, when
appropriate, by the court. If the person so elects, the court shall immediately
appoint an attorney to assist him or her.
[1997 c 112 § 33; 1973 1st ex.s. c 142 § 51.]
RCW 71.05.470
Right to examination.
A person challenging his or her detention or his or her attorney, shall
have the right to designate and have the court appoint a reasonably available
independent physician or licensed mental health professional to examine the
person detained, the results of which examination may be used in the
proceeding. The person shall, if he or she is financially able, bear the cost
of such expert information, otherwise such expert examination shall be at
public expense.
[1997 c 112 § 34; 1973 1st ex.s. c 142 § 52.]
RCW 71.05.480
Petitioning for release -- Writ of habeas corpus.
Nothing contained in this chapter shall prohibit the patient from
petitioning by writ of habeas corpus for release.
[1974 ex.s. c 145 § 29; 1973 1st ex.s. c 142 § 53.]
RCW 71.05.490
Rights of persons committed before January 1, 1974.
Nothing in this chapter shall prohibit a person committed on or prior to
January 1, 1974, from exercising a right available to him or her at or prior to
January 1, 1974, for obtaining release from confinement.
[1997 c 112 § 35; 1973 1st ex.s. c 142 § 54.]
RCW 71.05.500
Liability of applicant.
Any person making or filing an application alleging that a person should be
involuntarily detained, certified, committed, treated, or evaluated pursuant to
this chapter shall not be rendered civilly or criminally liable where the
making and filing of such application was in good faith.
[1973 1st ex.s. c 142 § 55.]
RCW 71.05.510
Damages for excessive detention.
Any individual who knowingly, wilfully or through gross negligence violates
the provisions of this chapter by detaining a person for more than the
allowable number of days shall be liable to the person detained in civil
damages. It shall not be a prerequisite to an action under this section that
the plaintiff shall have suffered or be threatened with special, as contrasted
with general damages.
[1974 ex.s. c 145 § 30; 1973 1st ex.s. c 142 § 56.]
RCW 71.05.520
Protection of rights -- Staff.
The department of social and health services shall have the responsibility
to determine whether all rights of individuals recognized and guaranteed by the
provisions of this chapter and the Constitutions of the state of Washington and
the United States are in fact protected and effectively secured. To this end,
the department shall assign appropriate staff who shall from time to time as
may be necessary have authority to examine records, inspect facilities, attend
proceedings, and do whatever is necessary to monitor, evaluate, and assure
adherence to such rights. Such persons shall also recommend such additional
safeguards or procedures as may be appropriate to secure individual rights set
forth in this chapter and as guaranteed by the state and federal Constitutions.
[1973 1st ex.s. c 142 § 57.]
RCW 71.05.525
Transfer of person committed to juvenile correction institution to institution
or facility for mentally ill juveniles.
When, in the judgment of the department, the welfare of any person
committed to or confined in any state juvenile correctional institution or
facility necessitates that such a person be transferred or moved for
observation, diagnosis or treatment to any state institution or facility for
the care of mentally ill juveniles the secretary, or his or her designee, is
authorized to order and effect such move or transfer: PROVIDED, HOWEVER, That
the secretary shall adopt and implement procedures to assure that persons so
transferred shall, while detained or confined in such institution or facility
for the care of mentally ill juveniles, be provided with substantially similar
opportunities for parole or early release evaluation and determination as
persons detained or confined in state juvenile correctional institutions or
facilities: PROVIDED, FURTHER, That the secretary shall notify the original
committing court of such transfer.
[1997 c 112 § 36; 1975 1st ex.s. c 199 § 12.]
RCW 71.05.530
Facilities part of comprehensive mental health program.
Evaluation and treatment facilities authorized pursuant to this chapter may
be part of the comprehensive community mental health services program conducted
in counties pursuant to chapter 71.24 RCW, and may receive funding pursuant to
the provisions thereof.
[1998 c 297 § 23; 1973 1st ex.s. c 142 § 58.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.550
Recognition of county financial necessities.
The department of social and health services, in planning and providing
funding to counties pursuant to chapter 71.24 RCW, shall recognize the
financial necessities imposed upon counties by implementation of this chapter
and shall consider needs, if any, for additional community mental health
services and facilities and reduction in commitments to state hospitals for the
mentally ill accomplished by individual counties, in planning and providing
such funding. The state shall provide financial assistance to the counties to
enable the counties to meet all increased costs, if any, to the counties
resulting from their administration of the provisions of chapter 142, Laws of
1973 1st ex. sess.
[1973 1st ex.s. c 142 § 60.]
RCW 71.05.560
Adoption of rules.
The department shall adopt such rules as may be necessary to effectuate the
intent and purposes of this chapter, which shall include but not be limited to
evaluation of the quality of the program and facilities operating pursuant to
this chapter, evaluation of the effectiveness and cost effectiveness of such
programs and facilities, and procedures and standards for certification and
other action relevant to evaluation and treatment facilities.
[1998 c 297 § 24; 1973 1st ex.s. c 142 § 61.]
NOTES:
Effective dates -- Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.
RCW 71.05.5601
Rule making -- Medicaid -- Secretary of corrections -- Secretary of social and
health services.
See RCW 72.09.380.
RCW 71.05.5602
Rule making -- Chapter 214, Laws of 1999 -- Secretary of corrections --
Secretary of social and health services.
See RCW 72.09.381.
RCW 71.05.570
Rules of court.
The supreme court of the state of Washington shall adopt such rules as it
shall deem necessary with respect to the court procedures and proceedings
provided for by this chapter.
[1973 1st ex.s. c 142 § 62.]
RCW 71.05.575
Less restrictive alternative treatment -- Consideration by court.
(1) When making a decision under this chapter whether to require a less
restrictive alternative treatment, the court shall consider whether it is
appropriate to include or exclude time spent in confinement when determining
whether the person has committed a recent overt act.
(2) When determining whether an offender is a danger to himself or herself or others under this chapter, a court shall give great weight to any evidence submitted to the court regarding an offender's recent history of judicially required or administratively ordered involuntary antipsychotic medication while in confinement.
[1999 c 214 § 6.]
NOTES:
Intent -- Effective date -- 1999 c 214: See notes following RCW 72.09.370.
RCW 71.05.610
Treatment records -- Definitions.
As used in this chapter or chapter 71.24 or 10.77 RCW, the following words
and phrases shall have the meanings indicated.
(1) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify individuals who are receiving or who at any time have received services for mental illness.
(2) "Treatment records" include registration and all other records concerning individuals who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by an individual providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.
[1989 c 205 § 11.]
NOTES:
Contingent effective date -- 1989 c 205 §§ 11-19: *"Sections 10 through 19 of this act shall take effect on July 1, 1995, or when regional support networks are established." [1989 c 205 § 24.] See note following chapter digest.
*Reviser's note: The reference to "sections 10 through 19 of this act" is incorrect. The reference should have been to "sections 11 through 19 of this act," which are codified as RCW 71.05.610 through 71.05.690.
RCW 71.05.620
Treatment records -- Informed consent for disclosure of information -- Court
files and records.
(1) Informed consent for disclosure of information from court or treatment
records to an individual, agency, or organization must be in writing and must
contain the following information:
(a) The name of the individual, agency, or organization to which the disclosure is to be made;
(b) The name of the individual whose treatment record is being disclosed;
(c) The purpose or need for the disclosure;
(d) The specific type of information to be disclosed;
(e) The time period during which the consent is effective;
(f) The date on which the consent is signed; and
(g) The signature of the individual or person legally authorized to give consent for the individual.
(2) The files and records of court proceedings under chapter 71.05 RCW shall be closed but shall be accessible to any individual who is the subject of a petition and to the individual's attorney, guardian ad litem, resource management services, or service providers authorized to receive such information by resource management services.
[1989 c 205 § 12.]
NOTES:
Contingent effective date -- 1989 c 205 §§ 11-19: See note following RCW 71.05.610.
RCW 71.05.630
Treatment records -- Confidential -- Release.
(1) Except as otherwise provided by law, all treatment records shall remain
confidential. Treatment records may be released only to the persons designated
in this section, or to other persons designated in an informed written consent
of the patient.
(2) Treatment records of an individual may be released without informed written consent in the following circumstances:
(a) To an individual, organization, or agency as necessary for management or financial audits, or program monitoring and evaluation. Information obtained under this subsection shall remain confidential and may not be used in a manner that discloses the name or other identifying information about the individual whose records are being released.
(b) To the department, the director of regional support networks, or a qualified staff member designated by the director only when necessary to be used for billing or collection purposes. The information shall remain confidential.
(c) For purposes of research as permitted in chapter 42.48 RCW.
(d) Pursuant to lawful order of a court.
(e) To qualified staff members of the department, to the director of regional support networks, to resource management services responsible for serving a patient, or to service providers designated by resource management services as necessary to determine the progress and adequacy of treatment and to determine whether the person should be transferred to a less restrictive or more appropriate treatment modality or facility. The information shall remain confidential.
(f) Within the treatment facility where the patient is receiving treatment, confidential information may be disclosed to individuals employed, serving in bona fide training programs, or participating in supervised volunteer programs, at the facility when it is necessary to perform their duties.
(g) Within the department as necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism, or drug abuse of individuals who are under the supervision of the department.
(h) To a licensed physician who has determined that the life or health of the individual is in danger and that treatment without the information contained in the treatment records could be injurious to the patient's health. Disclosure shall be limited to the portions of the records necessary to meet the medical emergency.
(i) To a facility that is to receive an individual who is involuntarily committed under chapter 71.05 RCW, or upon transfer of the individual from one treatment facility to another. The release of records under this subsection shall be limited to the treatment records required by law, a record or summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the patient's problem, the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but may not include the patient's complete treatment record.
(j) Notwithstanding the provisions of RCW 71.05.390(7), to a correctional facility or a corrections officer who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment. Except as provided in RCW 71.05.445 and 71.34.225, release of records under this section is limited to:
(i) An evaluation report provided pursuant to a written supervision plan.
(ii) The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment provided as part of the supervision plan.
(iii) When an individual is returned from a treatment facility to a correctional facility, the information provided under (j)(iv) of this subsection.
(iv) Any information necessary to establish or implement changes in the individual's treatment plan or the level or kind of supervision as determined by resource management services. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only.
(k) To the individual's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patient's rights under chapter 71.05 RCW.
(l) To staff members of the protection and advocacy agency or to staff members of a private, nonprofit corporation for the purpose of protecting and advocating the rights of persons with mental illness or developmental disabilities. Resource management services may limit the release of information to the name, birthdate, and county of residence of the patient, information regarding whether the patient was voluntarily admitted, or involuntarily committed, the date and place of admission, placement, or commitment, the name and address of a guardian of the patient, and the date and place of the guardian's appointment. Any staff member who wishes to obtain additional information shall notify the patient's resource management services in writing of the request and of the resource management services' right to object. The staff member shall send the notice by mail to the guardian's address. If the guardian does not object in writing within fifteen days after the notice is mailed, the staff member may obtain the additional information. If the guardian objects in writing within fifteen days after the notice is mailed, the staff member may not obtain the additional information.
(3) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the department may restrict the release of the information as necessary to comply with federal law and regulations.
[2000 c 75 § 5; 1989 c 205 § 13.]
NOTES:
Intent -- 2000 c 75: See note following RCW 71.05.445.
Contingent effective date -- 1989 c 205 §§ 11-19: See note following RCW 71.05.610.
RCW 71.05.640
Treatment records -- Access procedures.
(1) Procedures shall be established by resource management services to
provide reasonable and timely access to individual treatment records. However,
access may not be denied at any time to records of all medications and somatic treatments
received by the individual.
(2) Following discharge, the individual shall have a right to a complete record of all medications and somatic treatments prescribed during evaluation, admission, or commitment and to a copy of the discharge summary prepared at the time of his or her discharge. A reasonable and uniform charge for reproduction may be assessed.
(3) Treatment records may be modified prior to inspection to protect the confidentiality of other patients or the names of any other persons referred to in the record who gave information on the condition that his or her identity remain confidential. Entire documents may not be withheld to protect such confidentiality.
(4) At the time of discharge all individuals shall be informed by resource management services of their rights as provided in RCW 71.05.610 through 71.05.690.
[2000 c 94 § 11; 1999 c 13 § 9. Prior: 1989 c 205 § 14.]
NOTES:
Purpose -- Construction -- 1999 c 13: See note following RCW 10.77.010.
Contingent effective date -- 1989 c 205 §§ 11-19: See note following RCW 71.05.610.
RCW 71.05.650
Treatment records -- Notation of and access to released data.
Each time written information is released from a treatment record, the
record's custodian shall make a notation in the record including the following:
The name of the person to whom the information was released; the identification
of the information released; the purpose of the release; and the date of the
release. The patient shall have access to this release data.
[1989 c 205 § 15.]
NOTES:
Contingent effective date -- 1989 c 205 §§ 11-19: See note following RCW 71.05.610.
RCW 71.05.660
Treatment records -- Privileged communications unaffected.
Nothing in chapter 205, Laws of 1989 shall be construed to interfere with
communications between physicians or psychologists and patients and attorneys
and clients.
[1989 c 205 § 16.]
NOTES:
Contingent effective date -- 1989 c 205 §§ 11-19: See note following RCW 71.05.610.
RCW 71.05.670
Treatment records -- Violations -- Civil action.
Except as provided in RCW 4.24.550, any person, including the state or any
political subdivision of the state, violating RCW 71.05.610
through 71.05.690 shall be subject to the
provisions of RCW 71.05.440.
[1999 c 13 § 10. Prior: 1990 c 3 § 115; 1989 c 205 § 17.]
NOTES:
Purpose -- Construction -- 1999 c 13: See note following RCW 10.77.010.
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
Contingent effective date -- 1989 c 205 §§ 11-19: See note following RCW 71.05.610.
RCW 71.05.680
Treatment records -- Access under false pretenses, penalty.
Any person who requests or obtains confidential information pursuant to RCW
71.05.610 through 71.05.690
under false pretenses shall be guilty of a gross misdemeanor.
[1999 c 13 § 11. Prior: 1989 c 205 § 18.]
NOTES:
Purpose -- Construction -- 1999 c 13: See note following RCW 10.77.010.
Contingent effective date -- 1989 c 205 §§ 11-19: See note following RCW 71.05.610.
RCW 71.05.690
Treatment records -- Rules.
The department shall adopt rules to implement RCW 71.05.610
through 71.05.680.
[1999 c 13 § 12. Prior: 1989 c 205 § 19.]
NOTES:
Purpose -- Construction -- 1999 c 13: See note following RCW 10.77.010.
Contingent effective date -- 1989 c 205 §§ 11-19: See note following RCW 71.05.610.
RCW 71.05.900
Severability -- 1973 1st ex.s. c 142.
If any provision of this 1973 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of this act, or the
application of the provision to other persons or circumstances is not affected.
[1973 1st ex.s. c 142 § 63.]
RCW 71.05.910
Construction -- 1973 1st ex.s. c 142.
Sections 6 through 63 of this 1973 amendatory act shall constitute a new
chapter in Title 71 RCW, and shall be considered the successor to those
sections of chapter 71.02 RCW repealed by this 1973 amendatory act.
[1973 1st ex.s. c 142 § 64.]
RCW 71.05.920
Section headings not part of the law.
Section headings as used in sections 6 through 63 of this 1973 amendatory
act shall not constitute any part of law.
[1973 1st ex.s. c 142 § 65.]
RCW 71.05.930
Effective date -- 1973 1st ex.s. c 142.
This 1973 amendatory act shall take effect on January 1, 1974.
[1973 1st ex.s. c 142 § 67.]
RCW 71.05.940
Equal application of 1989 c 420 -- Evaluation for developmental disability.
The provisions of chapter 420, Laws of 1989 shall apply equally to persons
in the custody of the department on May 13, 1989, who were found by a court to
be not guilty by reason of insanity or incompetent to stand trial, or who have
been found to have committed acts constituting a felony pursuant to RCW 71.05.280(3) and present a substantial likelihood of
repeating similar acts, and the secretary shall cause such persons to be
evaluated to ascertain if such persons are developmentally disabled for
placement in a program specifically reserved for the treatment and training of
persons with developmental disabilities.
[1999 c 13 § 13; 1989 c 420 § 18.]
NOTES:
Purpose -- Construction -- 1999 c 13: See note following RCW 10.77.010.