RCW 71.05.212
Evaluation
—
Consideration of information and records.
(Contingent expiration date.)
(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:
(a) 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;
(b) Historical behavior, including history of one or more violent acts;
(c) Prior determinations of incompetency or insanity under chapter
10.77
RCW; and
(d) Prior commitments under this chapter.
(2) Credible witnesses may include family members, landlords, neighbors, or others with significant contact and history of involvement with the person. If the designated crisis responder relies upon information from a credible witness in reaching his or her decision to detain the individual, then he or she must provide contact information for any such witness to the prosecutor. The designated crisis responder or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.
(3) Symptoms and behavior of the respondent which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, or a finding that the person is in need of assisted outpatient treatment, when:
(a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts;
(b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and
(c) Without treatment, the continued deterioration of the respondent is probable.
(4) When conducting an evaluation for offenders identified under RCW 72.09.370, the designated crisis responder or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.
(5) The authority, in consultation with tribes and in coordination with Indian health care providers and the American Indian health commission for Washington state, shall establish written guidelines by December 31, 2024, for conducting culturally appropriate evaluations of American Indians or Alaska Natives.
[
2024 c 209 s 17
;
2022 c 210 s 9
;
2020 c 256 s 305
;
2018 c 291 s 13
;
2016 sp.s. c 29 s 226
;
2015 c 250 s 5
; (2011 2nd sp.s. c 6 s 2 expired July 1, 2014);
2010 c 280 s 2
;
1999 c 214 s 5
;
1998 c 297 s 19
.]
NOTES:
Contingent expiration date
—
2024 c 209 s 17:
"Section 17 of this act expires when section 18 of this act takes effect." [
2024 c 209 s 41
.]
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2013 c 335; 2011 2nd sp.s. c 6; 2010 c 280 ss 2 and 3:
"Sections 2 and 3 of this act take effect July 1, 2014." [
2013 c 335 s 1
;
2011 2nd sp.s. c 6 s 1
;
2010 c 280 s 5
.]
Expiration date
—
2013 c 335; 2011 2nd sp.s. c 6 s 2:
"Section 2 of this act expires July 1, 2014." [
2013 c 335 s 2
;
2011 2nd sp.s. c 6 s 3
.]
Effective date
—
2011 2nd sp.s. c 6:
"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 immediately [December 20, 2011], except for section 2 of this act which takes effect January 1, 2012." [
2011 2nd sp.s. c 6 s 4
.]
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
.
PDF
RCW 71.05.212
Evaluation
—
Consideration of information and records.
(Contingent effective date.)
(1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:
(a) 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;
(b) Historical behavior, including history of one or more violent acts;
(c) Prior determinations of incompetency or insanity under chapter
10.77
RCW; and
(d) Prior commitments under this chapter.
(2) Credible witnesses may include family members, landlords, neighbors, or others with significant contact and history of involvement with the person. If the designated crisis responder relies upon information from a credible witness in reaching his or her decision to detain the individual, then he or she must provide contact information for any such witness to the prosecutor. The designated crisis responder or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.
(3) Symptoms and behavior of the respondent which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, or a finding that the person is in need of assisted outpatient treatment, when:
(a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration from safe behavior, or one or more violent acts;
(b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and
(c) Without treatment, the continued deterioration of the respondent is probable.
(4) When conducting an evaluation for offenders identified under RCW 72.09.370, the designated crisis responder or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.
(5) The authority, in consultation with tribes and in coordination with Indian health care providers and the American Indian health commission for Washington state, shall establish written guidelines by December 31, 2024, for conducting culturally appropriate evaluations of American Indians or Alaska Natives.
[
2024 c 209 s 18
;
2022 c 210 s 10
. Prior:
2020 c 302 s 28
;
2020 c 256 s 305
;
2018 c 291 s 13
;
2016 sp.s. c 29 s 226
;
2015 c 250 s 5
; (2011 2nd sp.s. c 6 s 2 expired July 1, 2014);
2010 c 280 s 2
;
1999 c 214 s 5
;
1998 c 297 s 19
.]
NOTES:
Contingent effective date
—
2024 c 209 s 18:
"Section 18 of this act takes effect when section 10, chapter 210, Laws of 2022 takes effect." [
2024 c 209 s 42
.]
Contingent effective date
—
2022 c 210 ss 2 and 10; 2021 c 264 ss 22 and 23; 2021 c 263 ss 13 and 14; 2020 c 302 ss 4 and 28:
See note following RCW 71.05.020
.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2013 c 335; 2011 2nd sp.s. c 6; 2010 c 280 ss 2 and 3:
"Sections 2 and 3 of this act take effect July 1, 2014." [
2013 c 335 s 1
;
2011 2nd sp.s. c 6 s 1
;
2010 c 280 s 5
.]
Expiration date
—
2013 c 335; 2011 2nd sp.s. c 6 s 2:
"Section 2 of this act expires July 1, 2014." [
2013 c 335 s 2
;
2011 2nd sp.s. c 6 s 3
.]
Effective date
—
2011 2nd sp.s. c 6:
"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 immediately [December 20, 2011], except for section 2 of this act which takes effect January 1, 2012." [
2011 2nd sp.s. c 6 s 4
.]
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 authority shall develop statewide protocols to be utilized by professional persons and designated crisis responders in administration of this chapter and chapters
10.77
and
71.34
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, behavioral health disorders and are subject to this chapter.
The initial protocols shall be developed not later than September 1, 1999. The authority shall develop and update the protocols in consultation with representatives of designated crisis responders, the department of social and health services, tribal government, local government, law enforcement, county and city prosecutors, public defenders, and groups concerned with behavioral health disorders. The protocols shall be submitted to the governor and legislature upon adoption by the authority.
[
2024 c 209 s 19
;
2020 c 302 s 29
;
2018 c 201 s 3007
;
2016 sp.s. c 29 s 227
;
1998 c 297 s 26
.]
NOTES:
Addendum to designated crisis responder statewide protocols
—
2019 c 446:
"Within existing resources, the health care authority shall develop an addendum to the designated crisis responder statewide protocols adopted pursuant to RCW 71.05.214
in consultation with representatives of designated crisis responders, the department of social and health services, local government, law enforcement, county and city prosecutors, public defenders, and groups concerned with mental illness and substance use disorders. The addendum must update the current protocols to address the implementation of the integration of mental health and substance use disorder treatment systems, to include general processes for referrals and investigations of individuals with substance use disorders and the applicability of commitment criteria to individuals with substance use disorders. The authority shall adopt and submit the addendum to the governor and the legislature by December 1, 2019." [
2019 c 446 s 1
.]
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
RCW 71.05.215
Right to refuse antipsychotic medicine
—
Rules.
(Effective until June 30, 2027.)
(1) A person found to be gravely disabled or to present a likelihood of serious harm as a result of a behavioral health 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 authority 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 by a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced registered nurse practitioner, or physician or physician assistant in consultation with a mental health professional with prescriptive authority.
(c) For continued treatment beyond thirty days through the hearing on any petition filed under RCW 71.05.217, 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, physician assistant, or psychiatric advanced registered nurse practitioner, 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 attempt by the physician, physician assistant, or psychiatric advanced registered nurse practitioner to obtain informed consent and the reasons why antipsychotic medication is being administered over the person's objection or lack of consent.
[
2024 c 62 s 20
;
2020 c 302 s 30
;
2018 c 201 s 3008
. Prior:
2016 sp.s. c 29 s 228
;
2016 c 155 s 3
;
2008 c 156 s 2
;
1997 c 112 s 16
;
1991 c 105 s 1
.]
NOTES:
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
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 s 6
.]
PDF
RCW 71.05.215
Right to refuse antipsychotic medicine
—
Rules.
(Effective June 30, 2027.)
(1) A person found to be gravely disabled or to present a likelihood of serious harm as a result of a behavioral health 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 authority 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 by a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced practice registered nurse, or physician or physician assistant in consultation with a mental health professional with prescriptive authority.
(c) For continued treatment beyond thirty days through the hearing on any petition filed under RCW 71.05.217, 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, physician assistant, or psychiatric advanced practice registered nurse, 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 attempt by the physician, physician assistant, or psychiatric advanced practice registered nurse to obtain informed consent and the reasons why antipsychotic medication is being administered over the person's objection or lack of consent.
[
2025 c 58 s 5148
;
2024 c 62 s 20
;
2020 c 302 s 30
;
2018 c 201 s 3008
. Prior:
2016 sp.s. c 29 s 228
;
2016 c 155 s 3
;
2008 c 156 s 2
;
1997 c 112 s 16
;
1991 c 105 s 1
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
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 s 6
.]
RCW 71.05.217
Rights
—
Posting of list.
(Effective until June 30, 2027.)
(1) 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:
(a) 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;
(b) To keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases;
(c) To have access to individual storage space for his or her private use;
(d) To have visitors at reasonable times;
(e) To have reasonable access to a telephone, both to make and receive confidential calls;
(f) To have ready access to letter writing materials, including stamps, and to send and receive uncensored correspondence through the mails;
(g) To have the right to individualized care and adequate treatment;
(h) To discuss treatment plans and decisions with professional persons;
(i) To not be denied access to treatment by spiritual means through prayer in accordance with the tenets and practices of a church or religious denomination in addition to the treatment otherwise proposed;
(j) Not to consent to the administration of antipsychotic medications beyond the hearing conducted pursuant to RCW 71.05.320
(4) or the performance of electroconvulsant therapy or surgery, except emergency lifesaving surgery, unless ordered by a court of competent jurisdiction pursuant to the following standards and procedures:
(i) 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.
(ii) The court shall make specific findings of fact concerning: (A) The existence of one or more compelling state interests; (B) the necessity and effectiveness of the treatment; and (C) 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.
(iii) 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: (A) To be represented by an attorney; (B) to present evidence; (C) to cross-examine witnesses; (D) to have the rules of evidence enforced; (E) to remain silent; (F) to view and copy all petitions and reports in the court file; and (G) to be given reasonable notice and an opportunity to prepare for the hearing. The court may appoint a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced registered nurse practitioner, psychologist within their scope of practice, physician assistant, or physician to examine and testify on behalf of such person. The court shall appoint a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced registered nurse practitioner, psychologist within their scope of practice, physician assistant, 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.
(iv) 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.
(v) Any person detained pursuant to RCW 71.05.320
(4), who subsequently refuses antipsychotic medication, shall be entitled to the procedures set forth in this subsection.
(vi) 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:
(A) A person presents an imminent likelihood of serious harm;
(B) Medically acceptable alternatives to administration of antipsychotic medications are not available, have not been successful, or are not likely to be effective; and
(C)(I) In the opinion of the physician, physician assistant, or psychiatric advanced registered nurse practitioner 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.
(II) 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, physician assistant, or psychiatric advanced registered nurse practitioner with responsibility for the treatment of the person, administration of antipsychotic medications may continue until the hearing is held;
(k) To dispose of property and sign contracts unless such person has been adjudicated an incompetent in a court proceeding directed to that particular issue;
(l) Not to have psychosurgery performed on him or her under any circumstances;
(m) To not be denied access to treatment by cultural or spiritual means through practices that are in accordance with a tribal or cultural tradition in addition to the treatment otherwise proposed.
(2) Every person involuntarily detained or committed under the provisions of this chapter is entitled to all the rights set forth in this chapter and retains all rights not denied him or her under this chapter except as limited by chapter
9.41
RCW.
(3) No person may be presumed incompetent as a consequence of receiving evaluation or treatment for a behavioral health disorder. Competency may not be determined or withdrawn except under the provisions of chapter
10.77
RCW.
(4) Subject to RCW 71.05.745
and related regulations, persons receiving evaluation or treatment under this chapter must be given a reasonable choice of an available physician, physician assistant, psychiatric advanced registered nurse practitioner, or other professional person qualified to provide such services.
(5) Whenever any person is detained under this chapter, the person must be advised that unless the person is released or voluntarily admits himself or herself for treatment within 120 hours of the initial detention, a judicial hearing must be held in a superior court within 120 hours to determine whether there is probable cause to detain the person for up to an additional 14 days based on an allegation that because of a behavioral health disorder the person presents a likelihood of serious harm or is gravely disabled, and that at the probable cause hearing the person has the following rights:
(a) To communicate immediately with an attorney; to have an attorney appointed if the person is indigent; and to be told the name and address of the attorney that has been designated;
(b) To remain silent, and to know that any statement the person makes may be used against him or her;
(c) To present evidence on the person's behalf;
(d) To cross-examine witnesses who testify against him or her;
(e) To be proceeded against by the rules of evidence;
(f) To have the court appoint a reasonably available independent professional person to examine the person and testify in the hearing, at public expense unless the person is able to bear the cost;
(g) To view and copy all petitions and reports in the court file; and
(h) To refuse psychiatric medications, including antipsychotic medication beginning 24 hours prior to the probable cause hearing.
(6) The judicial hearing described in subsection (5) of this section must be held according to the provisions of subsection (5) of this section and rules promulgated by the supreme court.
(7)(a) Privileges between patients and physicians, physician assistants, psychologists, or psychiatric advanced registered nurse practitioners are deemed waived in proceedings under this chapter relating to the administration of antipsychotic medications. As to other proceedings under this chapter, the privileges are 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.
(b) 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.
(c) The record maker may 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 contain 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.
(8) Nothing contained in this chapter prohibits the patient from petitioning by writ of habeas corpus for release.
(9) Nothing in this section permits any person to knowingly violate a no-contact order or a condition of an active judgment and sentence or an active condition of supervision by the department of corrections.
(10) The rights set forth under this section apply equally to 90-day or 180-day hearings under RCW 71.05.310
.
[
2024 c 209 s 20
;
2024 c 62 s 21
;
2020 c 302 s 32
; (2020 c 302 s 31 expired January 1, 2021);
2016 c 155 s 4
;
2008 c 156 s 3
;
1997 c 112 s 31
;
1991 c 105 s 5
;
1989 c 120 s 8
;
1974 ex.s. c 145 s 26
;
1973 1st ex.s. c 142 s 42
. Formerly RCW 71.05.370
.]
NOTES:
Reviser's note:
This section was amended by 2024 c 62 s 21 and by 2024 c 209 s 20, each without reference to the other. Both 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).
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Severability
—
1991 c 105:
See note following RCW 71.05.215
.
PDF
RCW 71.05.217
Rights
—
Posting of list.
(Effective June 30, 2027.)
(1) 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:
(a) 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;
(b) To keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases;
(c) To have access to individual storage space for his or her private use;
(d) To have visitors at reasonable times;
(e) To have reasonable access to a telephone, both to make and receive confidential calls;
(f) To have ready access to letter writing materials, including stamps, and to send and receive uncensored correspondence through the mails;
(g) To have the right to individualized care and adequate treatment;
(h) To discuss treatment plans and decisions with professional persons;
(i) To not be denied access to treatment by spiritual means through prayer in accordance with the tenets and practices of a church or religious denomination in addition to the treatment otherwise proposed;
(j) Not to consent to the administration of antipsychotic medications beyond the hearing conducted pursuant to RCW 71.05.320
(4) or the performance of electroconvulsant therapy or surgery, except emergency lifesaving surgery, unless ordered by a court of competent jurisdiction pursuant to the following standards and procedures:
(i) 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.
(ii) The court shall make specific findings of fact concerning: (A) The existence of one or more compelling state interests; (B) the necessity and effectiveness of the treatment; and (C) 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.
(iii) 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: (A) To be represented by an attorney; (B) to present evidence; (C) to cross-examine witnesses; (D) to have the rules of evidence enforced; (E) to remain silent; (F) to view and copy all petitions and reports in the court file; and (G) to be given reasonable notice and an opportunity to prepare for the hearing. The court may appoint a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced practice registered nurse, psychologist within their scope of practice, physician assistant, or physician to examine and testify on behalf of such person. The court shall appoint a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced practice registered nurse, psychologist within their scope of practice, physician assistant, 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.
(iv) 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.
(v) Any person detained pursuant to RCW 71.05.320
(4), who subsequently refuses antipsychotic medication, shall be entitled to the procedures set forth in this subsection.
(vi) 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:
(A) A person presents an imminent likelihood of serious harm;
(B) Medically acceptable alternatives to administration of antipsychotic medications are not available, have not been successful, or are not likely to be effective; and
(C)(I) In the opinion of the physician, physician assistant, or psychiatric advanced practice registered nurse 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.
(II) 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, physician assistant, or psychiatric advanced practice registered nurse with responsibility for the treatment of the person, administration of antipsychotic medications may continue until the hearing is held;
(k) To dispose of property and sign contracts unless such person has been adjudicated an incompetent in a court proceeding directed to that particular issue;
(l) Not to have psychosurgery performed on him or her under any circumstances;
(m) To not be denied access to treatment by cultural or spiritual means through practices that are in accordance with a tribal or cultural tradition in addition to the treatment otherwise proposed.
(2) Every person involuntarily detained or committed under the provisions of this chapter is entitled to all the rights set forth in this chapter and retains all rights not denied him or her under this chapter except as limited by chapter
9.41
RCW.
(3) No person may be presumed incompetent as a consequence of receiving evaluation or treatment for a behavioral health disorder. Competency may not be determined or withdrawn except under the provisions of chapter
10.77
RCW.
(4) Subject to RCW 71.05.745
and related regulations, persons receiving evaluation or treatment under this chapter must be given a reasonable choice of an available physician, physician assistant, psychiatric advanced practice registered nurse, or other professional person qualified to provide such services.
(5) Whenever any person is detained under this chapter, the person must be advised that unless the person is released or voluntarily admits himself or herself for treatment within 120 hours of the initial detention, a judicial hearing must be held in a superior court within 120 hours to determine whether there is probable cause to detain the person for up to an additional 14 days based on an allegation that because of a behavioral health disorder the person presents a likelihood of serious harm or is gravely disabled, and that at the probable cause hearing the person has the following rights:
(a) To communicate immediately with an attorney; to have an attorney appointed if the person is indigent; and to be told the name and address of the attorney that has been designated;
(b) To remain silent, and to know that any statement the person makes may be used against him or her;
(c) To present evidence on the person's behalf;
(d) To cross-examine witnesses who testify against him or her;
(e) To be proceeded against by the rules of evidence;
(f) To have the court appoint a reasonably available independent professional person to examine the person and testify in the hearing, at public expense unless the person is able to bear the cost;
(g) To view and copy all petitions and reports in the court file; and
(h) To refuse psychiatric medications, including antipsychotic medication beginning 24 hours prior to the probable cause hearing.
(6) The judicial hearing described in subsection (5) of this section must be held according to the provisions of subsection (5) of this section and rules promulgated by the supreme court.
(7)(a) Privileges between patients and physicians, physician assistants, psychologists, or psychiatric advanced practice registered nurses are deemed waived in proceedings under this chapter relating to the administration of antipsychotic medications. As to other proceedings under this chapter, the privileges are 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.
(b) 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.
(c) The record maker may 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 contain 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.
(8) Nothing contained in this chapter prohibits the patient from petitioning by writ of habeas corpus for release.
(9) Nothing in this section permits any person to knowingly violate a no-contact order or a condition of an active judgment and sentence or an active condition of supervision by the department of corrections.
(10) The rights set forth under this section apply equally to 90-day or 180-day hearings under RCW 71.05.310
.
[
2025 c 58 s 5149
. Prior:
2024 c 209 s 20
;
2024 c 62 s 21
;
2020 c 302 s 32
; (2020 c 302 s 31 expired January 1, 2021);
2016 c 155 s 4
;
2008 c 156 s 3
;
1997 c 112 s 31
;
1991 c 105 s 5
;
1989 c 120 s 8
;
1974 ex.s. c 145 s 26
;
1973 1st ex.s. c 142 s 42
. Formerly RCW 71.05.370
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Severability
—
1991 c 105:
See note following RCW 71.05.215
.
RCW 71.05.220
Property of committed person.
At the time a person is involuntarily admitted to an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program, 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.
[
2019 c 446 s 10
;
2016 sp.s. c 29 s 229
;
1997 c 112 s 17
;
1973 1st ex.s. c 142 s 27
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.05.230
Commitment beyond initial evaluation and treatment period
—
Petition for fourteen day involuntary treatment or ninety days of less restrictive alternative treatment
—
Procedure.
(Effective until June 30, 2027.)
A person detained for one hundred twenty hours of evaluation and treatment may be committed for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative treatment. A petition may only be filed if the following conditions are met:
(1) The professional staff of the facility providing evaluation services has analyzed the person's condition and finds that the condition is caused by a behavioral health disorder and results in: (a) A likelihood of serious harm; or (b) the 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 or under RCW 71.05.745
; and
(4)(a)(i) The professional staff of the facility or the designated crisis responder has filed a petition with the court for a fourteen day involuntary detention or a ninety day less restrictive alternative. The petition must be signed by:
(A) One physician, physician assistant, or psychiatric advanced registered nurse practitioner; and
(B) One physician, physician assistant, psychiatric advanced registered nurse practitioner, or mental health professional.
(ii) If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an *advanced registered nurse practitioner instead of a psychiatric advanced registered nurse practitioner. The persons signing the petition must have examined the person.
(b) If involuntary detention is sought the petition shall state facts that support the finding that such person, as a result of a behavioral health 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 a behavioral health disorder, presents a likelihood of serious harm or is gravely disabled and shall set forth any recommendations for less restrictive alternative treatment services; and
(5) A copy of the petition has been served on the detained person, his or her attorney, and his or her guardian, 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 petition reflects that the person was informed of the loss of firearm rights if involuntarily committed for mental health treatment; and
(8) At the conclusion of the initial commitment period, the professional staff of the agency or facility or the designated crisis responder may petition for an additional period of either 90 days of less restrictive alternative treatment or 90 days of involuntary intensive treatment as provided in RCW 71.05.290
; and
(9) If the hospital or facility designated to provide less restrictive alternative treatment is other than the facility providing involuntary treatment, the outpatient facility so designated to provide less restrictive alternative treatment has agreed to assume such responsibility.
[
2022 c 210 s 11
;
2020 c 302 s 34
; (2020 c 302 s 33 expired January 1, 2021);
2018 c 291 s 6
;
2017 3rd sp.s. c 14 s 17
. Prior:
2016 sp.s. c 29 s 230
;
2016 c 155 s 5
;
2016 c 45 s 1
;
2015 c 250 s 6
;
2011 c 343 s 9
; prior:
2009 c 293 s 3
;
2009 c 217 s 2
;
2006 c 333 s 302
;
1998 c 297 s 13
;
1997 c 112 s 18
;
1987 c 439 s 3
;
1975 1st ex.s. c 199 s 5
;
1974 ex.s. c 145 s 15
;
1973 1st ex.s. c 142 s 28
.]
NOTES:
*Reviser's note:
The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Intent
—
Effective date
—
2011 c 343:
See notes following RCW 71.05.730
.
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
PDF
RCW 71.05.230
Commitment beyond initial evaluation and treatment period
—
Petition for fourteen day involuntary treatment or ninety days of less restrictive alternative treatment
—
Procedure.
(Effective June 30, 2027.)
A person detained for one hundred twenty hours of evaluation and treatment may be committed for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative treatment. A petition may only be filed if the following conditions are met:
(1) The professional staff of the facility providing evaluation services has analyzed the person's condition and finds that the condition is caused by a behavioral health disorder and results in: (a) A likelihood of serious harm; or (b) the 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 or under RCW 71.05.745
; and
(4)(a)(i) The professional staff of the facility or the designated crisis responder has filed a petition with the court for a fourteen day involuntary detention or a ninety day less restrictive alternative. The petition must be signed by:
(A) One physician, physician assistant, or psychiatric advanced practice registered nurse; and
(B) One physician, physician assistant, psychiatric advanced practice registered nurse, or mental health professional.
(ii) If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an advanced practice registered nurse instead of a psychiatric advanced practice registered nurse. The persons signing the petition must have examined the person.
(b) If involuntary detention is sought the petition shall state facts that support the finding that such person, as a result of a behavioral health 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 a behavioral health disorder, presents a likelihood of serious harm or is gravely disabled and shall set forth any recommendations for less restrictive alternative treatment services; and
(5) A copy of the petition has been served on the detained person, his or her attorney, and his or her guardian, 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 petition reflects that the person was informed of the loss of firearm rights if involuntarily committed for mental health treatment; and
(8) At the conclusion of the initial commitment period, the professional staff of the agency or facility or the designated crisis responder may petition for an additional period of either 90 days of less restrictive alternative treatment or 90 days of involuntary intensive treatment as provided in RCW 71.05.290
; and
(9) If the hospital or facility designated to provide less restrictive alternative treatment is other than the facility providing involuntary treatment, the outpatient facility so designated to provide less restrictive alternative treatment has agreed to assume such responsibility.
[
2025 c 58 s 5150
;
2022 c 210 s 11
;
2020 c 302 s 34
; (2020 c 302 s 33 expired January 1, 2021);
2018 c 291 s 6
;
2017 3rd sp.s. c 14 s 17
. Prior:
2016 sp.s. c 29 s 230
;
2016 c 155 s 5
;
2016 c 45 s 1
;
2015 c 250 s 6
;
2011 c 343 s 9
; prior:
2009 c 293 s 3
;
2009 c 217 s 2
;
2006 c 333 s 302
;
1998 c 297 s 13
;
1997 c 112 s 18
;
1987 c 439 s 3
;
1975 1st ex.s. c 199 s 5
;
1974 ex.s. c 145 s 15
;
1973 1st ex.s. c 142 s 28
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Intent
—
Effective date
—
2011 c 343:
See notes following RCW 71.05.730
.
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
RCW 71.05.232
Discharge reviews
—
Consultations, notifications required.
(1) When a state hospital admits a person for evaluation or treatment under this chapter who has a history of one or more violent acts and:
(a) Has been transferred from a correctional facility; or
(b) Is or has been under the authority of the department of corrections or the indeterminate sentence review board,
the state hospital shall consult with the appropriate corrections and *chemical dependency personnel and the appropriate forensic staff at the state hospital to conduct a discharge review to determine whether the person presents a likelihood of serious harm and whether the person is appropriate for release to a less restrictive alternative.
(2) When a state hospital returns a person who was reviewed under subsection (1) of this section to a correctional facility, the hospital shall notify the correctional facility that the person was subject to a discharge review pursuant to this section.
[
2004 c 166 s 18
.]
NOTES:
*Reviser's note:
RCW 71.05.020
was amended by 2019 c 325 s 3001, deleting the definition of "chemical dependency," effective January 1, 2020.
Severability
—
Effective dates
—
2004 c 166:
See notes following RCW 71.05.040
.
RCW 71.05.235
Examination, evaluation of criminal defendant
—
Hearing.
(1) If an individual is referred to a designated crisis responder under *RCW 10.77.650
(6)(a), the designated crisis responder shall examine the individual within forty-eight hours. If the designated crisis responder 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 designated crisis responder not later than the next judicial day. At the hearing the superior court shall review the determination of the designated crisis responder 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 one hundred twenty hours.
(2) If an individual is placed in an evaluation and treatment facility under *RCW 10.77.650
(6)(b), a professional person shall evaluate the individual for purposes of determining whether to file a ninety-day inpatient or outpatient petition under this chapter. Before expiration of the one hundred twenty hour evaluation period authorized under *RCW 10.77.650
(6)(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 one hundred twenty hour evaluation and treatment period. If the evaluation and treatment facility files a ninety-day petition within the one hundred twenty hour period, the clerk shall set a hearing after the day of filing consistent with RCW 71.05.300
. 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 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.
(3) If a designated crisis responder 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.
[
2023 c 453 s 21
;
2020 c 302 s 36
; (2020 c 302 s 35 expired January 1, 2021);
2016 sp.s. c 29 s 231
;
2015 1st sp.s. c 7 s 14
;
2008 c 213 s 5
;
2005 c 504 s 708
;
2000 c 74 s 6
;
1999 c 11 s 1
;
1998 c 297 s 18
.]
NOTES:
*Reviser's note:
These RCW references have been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Findings
—
2023 c 453:
See note following RCW 10.77.400
.
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Finding
—
2015 1st sp.s. c 7:
See note following RCW 10.77.620
.
Effective dates
—
2015 1st sp.s. c 7:
See note following RCW 10.77.620
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
Severability
—
2000 c 74:
See note following RCW 10.77.400
.
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 s 2
.]
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
RCW 71.05.236
Involuntary commitment hearing
—
Postponement
—
Continuance.
(1) In any proceeding for involuntary commitment under this chapter, the court may continue or postpone such proceeding for a reasonable time on motion of the respondent for good cause, or on motion of the prosecuting attorney or the attorney general if:
(a) The respondent expressly consents to a continuance or delay and there is a showing of good cause; or
(b) Such continuance is required in the proper administration of justice and the respondent will not be substantially prejudiced in the presentation of the respondent's case.
(2) The court may continue a hearing on a petition filed under RCW 71.05.280
(3) for good cause upon written request by the petitioner, respondent, or respondent's attorney.
(3) The court may on its own motion continue the case when required in due administration of justice and when the respondent will not be substantially prejudiced in the presentation of the respondent's case.
(4) The court shall state in any order of continuance or postponement the grounds for the continuance or postponement and whether detention will be extended.
[
2020 c 302 s 37
.]
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 s 25
.]
NOTES:
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
RCW 71.05.240
Petition for up to 14 days of involuntary treatment or 90 days or 18 months of less restrictive alternative treatment
—
Probable cause hearing.
(Effective until July 1, 2026.)
(1) If a petition is filed for up to 14 days of involuntary treatment, 90 days of less restrictive alternative treatment, or 18 months of less restrictive alternative treatment under RCW 71.05.148, the court shall hold a probable cause hearing within 120 hours of the initial detention under RCW 71.05.180, or at a time scheduled under RCW 71.05.148
.
(2) If the petition is for mental health treatment, the court or the prosecutor at the time of the probable cause hearing and before an order of commitment is entered shall inform the person both orally and in writing that the failure to make a good faith effort to seek voluntary treatment as provided in RCW 71.05.230
will result in the loss of his or her firearm rights if the person is subsequently detained for involuntary treatment under this section.
(3) If the person or his or her attorney alleges, prior to the commencement of the hearing, that the person has in good faith volunteered for treatment, the petitioner must show, by preponderance of the evidence, that the person has not in good faith volunteered for appropriate treatment. In order to qualify as a good faith volunteer, the person must abide by procedures and a treatment plan as prescribed by a treatment facility and professional staff.
(4)(a) Subject to (b) of this subsection, at the conclusion of the probable cause hearing, if the court finds by a preponderance of the evidence that a person detained for behavioral health treatment, as the result of a behavioral health 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 14 days in a facility licensed or certified to provide treatment by the department or under RCW 71.05.745
.
(b) A court may only order commitment to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program if there is an available facility with adequate space for the person.
(c) At the conclusion of the probable cause hearing, if the court finds by a preponderance of the evidence that a person detained for behavioral health treatment, as the result of a behavioral health 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 alternative course of treatment for up to ninety days.
(d) If the court finds by a preponderance of the evidence that a person subject to a petition under RCW 71.05.148, as the result of a behavioral health disorder, is in need of assisted outpatient treatment, the court shall order an appropriate less restrictive alternative course of treatment for up to 18 months.
(5) An order for less restrictive alternative treatment must name the behavioral health service provider responsible for identifying the services the person will receive in accordance with RCW 71.05.585, and must include a requirement that the person cooperate with the treatment recommendations of the behavioral health service provider.
(6) The court shall notify the person orally and in writing that if involuntary treatment is sought beyond the 14-day inpatient or 90-day less restrictive treatment period, the person has the right to a full hearing or jury trial under RCW 71.05.310
. If the commitment is for mental health treatment, the court shall notify the person orally and in writing that the person is barred from the possession of firearms and that the prohibition remains in effect until a court restores his or her right to possess a firearm under RCW 9.41.047
.
(7) If the court does not issue an order to detain or commit a person under this section, the court shall issue an order to dismiss the petition.
(8) Nothing in this section precludes the court from subsequently modifying the terms of an order for less restrictive alternative treatment under RCW 71.05.590
(3).
[
2022 c 210 s 12
;
2021 c 264 s 8
;
2020 c 302 s 39
; (2020 c 302 s 38 expired January 1, 2021);
2019 c 446 s 11
. Prior:
2018 c 291 s 7
;
2018 c 201 s 3009
; prior:
2016 sp.s. c 29 s 232
;
2016 c 45 s 2
;
2015 c 250 s 7
;
2009 c 293 s 4
;
1997 c 112 s 19
;
1992 c 168 s 3
;
1987 c 439 s 5
;
1979 ex.s. c 215 s 13
;
1974 ex.s. c 145 s 16
;
1973 1st ex.s. c 142 s 29
.]
NOTES:
Expiration date
—
2022 c 210 ss 5, 12, 17, and 23:
See note following RCW 71.05.150
.
Expiration date
—
2021 c 264 ss 1, 3, 6, 8, 10, 14, 31, and 33:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 13, 16, 26, 39, 45, 55, 78, 83, 86, 92, 94, and 97:
See note following RCW 71.05.150
.
Expiration date
—
2019 c 446 ss 4, 6, 8, 11, 14, 30, 32, 34, 37, 39, and 41:
See note following RCW 71.05.150
.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Expiration date
—
2018 c 291 ss 4, 7, and 9:
See note following RCW 71.05.150
.
Expiration date
—
2018 c 201 ss 3009, 3012, 3026, 5017, and 5020:
"Sections 3009, 3012, 3026, 5017, and 5020 of this act expire July 1, 2026." [
2018 c 201 s 11004
.]
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Severability
—
1992 c 168:
See note following RCW 9.41.070
.
PDF
RCW 71.05.240
Petition for up to 14 days of involuntary treatment or 90 days or 18 months of less restrictive alternative treatment
—
Probable cause hearing.
(Effective July 1, 2026.)
(1) If a petition is filed for up to 14 days of involuntary treatment, 90 days of less restrictive alternative treatment, or 18 months of less restrictive alternative treatment under RCW 71.05.148, the court shall hold a probable cause hearing within 120 hours of the initial detention under RCW 71.05.180, or at a time scheduled under RCW 71.05.148
.
(2) If the petition is for mental health treatment, the court or the prosecutor at the time of the probable cause hearing and before an order of commitment is entered shall inform the person both orally and in writing that the failure to make a good faith effort to seek voluntary treatment as provided in RCW 71.05.230
will result in the loss of his or her firearm rights if the person is subsequently detained for involuntary treatment under this section.
(3) If the person or his or her attorney alleges, prior to the commencement of the hearing, that the person has in good faith volunteered for treatment, the petitioner must show, by preponderance of the evidence, that the person has not in good faith volunteered for appropriate treatment. In order to qualify as a good faith volunteer, the person must abide by procedures and a treatment plan as prescribed by a treatment facility and professional staff.
(4)(a) At the conclusion of the probable cause hearing, if the court finds by a preponderance of the evidence that a person detained for behavioral health treatment, as the result of a behavioral health 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 licensed or certified to provide treatment by the department or under RCW 71.05.745
.
(b) At the conclusion of the probable cause hearing, if the court finds by a preponderance of the evidence that a person detained for behavioral health treatment, as the result of a behavioral health 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 alternative course of treatment for up to ninety days.
(c) If the court finds by a preponderance of the evidence that a person subject to a petition under RCW 71.05.148, as the result of a behavioral health disorder, is in need of assisted outpatient treatment, the court shall order an appropriate less restrictive alternative course of treatment for up to 18 months.
(5) An order for less restrictive alternative treatment must name the behavioral health service provider responsible for identifying the services the person will receive in accordance with RCW 71.05.585, and must include a requirement that the person cooperate with the treatment recommendations of the behavioral health service provider.
(6) The court shall notify the person orally and in writing that if involuntary treatment is sought beyond the 14-day inpatient or 90-day less restrictive treatment period, such person has the right to a full hearing or jury trial under RCW 71.05.310
. If the commitment is for mental health treatment, the court shall also notify the person orally and in writing that the person is barred from the possession of firearms and that the prohibition remains in effect until a court restores his or her right to possess a firearm under RCW 9.41.047
.
(7) If the court does not issue an order to detain or commit a person under this section, the court shall issue an order to dismiss the petition.
(8) Nothing in this section precludes the court from subsequently modifying the terms of an order for less restrictive alternative treatment under RCW 71.05.590
(3).
[
2022 c 210 s 13
;
2021 c 264 s 9
;
2020 c 302 s 40
; (2020 c 302 s 38 expired January 1, 2021);
2019 c 446 s 12
. Prior:
2018 c 291 s 8
;
2018 c 201 s 3010
;
2016 sp.s. c 29 s 233
;
2016 sp.s. c 29 s 232
;
2016 c 45 s 2
;
2015 c 250 s 7
;
2009 c 293 s 4
;
1997 c 112 s 19
;
1992 c 168 s 3
;
1987 c 439 s 5
;
1979 ex.s. c 215 s 13
;
1974 ex.s. c 145 s 16
;
1973 1st ex.s. c 142 s 29
.]
NOTES:
Effective date
—
2022 c 210 ss 6, 13, 18, and 24:
See note following RCW 71.05.150
.
Effective date
—
2021 c 264 ss 2, 4, 7, 9, 11, 15, 32, and 34:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Effective date
—
2020 c 302 ss 14, 17, 27, 40, 46, 56, 79, 84, 87, 93, 95, and 98:
See note following RCW 71.05.150
.
Effective date
—
2019 c 446 ss 5, 7, 9, 12, 15, 31, 33, 35, 38, 40, and 42:
See note following RCW 71.05.150
.
Effective date
—
2018 c 291 ss 5, 8, and 10:
See note following RCW 71.05.150
.
Effective date
—
2018 c 201 ss 3010, 3013, 3027, 5018, and 5021:
"Sections 3010, 3013, 3027, 5018, and 5021 of this act take effect July 1, 2026." [
2018 c 201 s 11005
.]
Findings
—
Intent
—
2018 c 201:
See note following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Severability
—
1992 c 168:
See note following RCW 9.41.070
.
RCW 71.05.245
Determination of grave disability, likelihood of serious harm, or need of assisted outpatient treatment
—
Use of recent history evidence.
(1) In making a determination of whether a person is gravely disabled, presents a likelihood of serious harm, or is in need of assisted outpatient treatment in a hearing conducted under RCW 71.05.240
or
71.05.320, the court must consider the symptoms and behavior of the respondent in light of all available evidence concerning the respondent's historical behavior.
(2) Symptoms or behavior which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, or a finding that the person is in need of assisted outpatient treatment, when: (a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts; (b) these symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and (c) without treatment, the continued deterioration of the respondent is probable.
(3) 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: (a) A recent history of one or more violent acts; or (b) 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 subsection "recent" refers to the period of time not exceeding three years prior to the current hearing.
[
2022 c 210 s 14
;
2018 c 291 s 14
;
2015 c 250 s 8
;
2010 c 280 s 3
;
1999 c 13 s 6
;
1998 c 297 s 14
.]
NOTES:
Effective date
—
2013 c 335; 2011 2nd sp.s. c 6; 2010 c 280 ss 2 and 3:
See note following RCW 71.05.212
.
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 71.05.260
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 s 20
;
1987 c 439 s 7
;
1974 ex.s. c 145 s 18
;
1973 1st ex.s. c 142 s 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 s 21
;
1973 1st ex.s. c 142 s 32
.]
RCW 71.05.280
Additional commitment
—
Grounds.
At the expiration of the fourteen-day period of intensive treatment, a person may be committed 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 a behavioral health 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 a behavioral health 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 10.77.645
(7), and has committed acts constituting a felony, and as a result of a behavioral health disorder, presents a substantial likelihood of repeating similar acts.
(a) 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;
(b) For any person subject to commitment under this subsection where the charge underlying the finding of incompetence is for a felony classified as violent under RCW 9.94A.030, the court shall determine whether the acts the person committed constitute a violent offense under RCW 9.94A.030
; or
(4) Such person is gravely disabled.
[
2023 c 453 s 22
;
2022 c 210 s 15
;
2020 c 302 s 41
;
2018 c 291 s 15
;
2016 sp.s. c 29 s 234
;
2015 c 250 s 9
;
2013 c 289 s 4
;
2008 c 213 s 6
;
1998 c 297 s 15
;
1997 c 112 s 22
;
1986 c 67 s 3
;
1979 ex.s. c 215 s 14
;
1974 ex.s. c 145 s 19
;
1973 1st ex.s. c 142 s 33
.]
NOTES:
*Reviser's note:
This RCW reference has been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Findings
—
2023 c 453:
See note following RCW 10.77.400
.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Findings
—
2013 c 289:
See note following RCW 10.77.645
.
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
(4) 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.
[
2018 c 201 s 3011
;
2001 c 12 s 1
;
1997 c 112 s 23
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
RCW 71.05.290
Petition for additional commitment
—
Affidavit.
(Effective until June 30, 2027.)
(1) At any time during a person's 14-day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the designated crisis responder 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)(a)(i) The petition shall summarize the facts which support the need for further commitment and shall be supported by affidavits based on an examination of the patient and signed by:
(A) One physician, physician assistant, or psychiatric advanced registered nurse practitioner; and
(B) One physician, physician assistant, psychiatric advanced registered nurse practitioner, or mental health professional.
(ii) If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an *advanced registered nurse practitioner instead of a psychiatric advanced registered nurse practitioner.
(b) 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. If less restrictive alternative treatment is sought, the petition shall set forth any recommendations for less restrictive alternative treatment services.
(3) If a person has been determined to be incompetent pursuant to **RCW 10.77.645
(7), then the professional person in charge of the treatment facility or his or her professional designee or the designated crisis responder may directly file a petition for 180-day treatment under RCW 71.05.280
(3), or for 90-day treatment under RCW 71.05.280
(1), (2), or (4). No petition for initial detention or 14-day detention is required before such a petition may be filed.
[
2023 c 453 s 23
;
2022 c 210 s 16
;
2020 c 302 s 42
;
2017 3rd sp.s. c 14 s 18
. Prior:
2016 sp.s. c 29 s 235
;
2016 c 155 s 6
;
2016 c 45 s 3
;
2015 c 250 s 10
;
2009 c 217 s 3
;
2008 c 213 s 7
;
1998 c 297 s 16
;
1997 c 112 s 24
;
1986 c 67 s 4
;
1975 1st ex.s. c 199 s 6
;
1974 ex.s. c 145 s 20
;
1973 1st ex.s. c 142 s 34
.]
NOTES:
Reviser's note:
*(1) The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
**(2) This RCW reference has been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Findings
—
2023 c 453:
See note following RCW 10.77.400
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
PDF
RCW 71.05.290
Petition for additional commitment
—
Affidavit.
(Effective June 30, 2027.)
(1) At any time during a person's 14-day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the designated crisis responder 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)(a)(i) The petition shall summarize the facts which support the need for further commitment and shall be supported by affidavits based on an examination of the patient and signed by:
(A) One physician, physician assistant, or psychiatric advanced practice registered nurse; and
(B) One physician, physician assistant, psychiatric advanced practice registered nurse, or mental health professional.
(ii) If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an advanced practice registered nurse instead of a psychiatric advanced practice registered nurse.
(b) 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. If less restrictive alternative treatment is sought, the petition shall set forth any recommendations for less restrictive alternative treatment services.
(3) If a person has been determined to be incompetent pursuant to *RCW 10.77.645
(7), then the professional person in charge of the treatment facility or his or her professional designee or the designated crisis responder may directly file a petition for 180-day treatment under RCW 71.05.280
(3), or for 90-day treatment under RCW 71.05.280
(1), (2), or (4). No petition for initial detention or 14-day detention is required before such a petition may be filed.
[
2025 c 58 s 5151
;
2023 c 453 s 23
;
2022 c 210 s 16
;
2020 c 302 s 42
;
2017 3rd sp.s. c 14 s 18
. Prior:
2016 sp.s. c 29 s 235
;
2016 c 155 s 6
;
2016 c 45 s 3
;
2015 c 250 s 10
;
2009 c 217 s 3
;
2008 c 213 s 7
;
1998 c 297 s 16
;
1997 c 112 s 24
;
1986 c 67 s 4
;
1975 1st ex.s. c 199 s 6
;
1974 ex.s. c 145 s 20
;
1973 1st ex.s. c 142 s 34
.]
NOTES:
*Reviser's note:
This RCW reference has been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Findings
—
2023 c 453:
See note following RCW 10.77.400
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
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 attorney, expert, or professional person.
(Effective until June 30, 2027.)
(1) 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. The clerk shall set a trial setting date as provided in RCW 71.05.310
on the next judicial day after the date of filing the petition and notify the designated crisis responder. The designated crisis responder shall immediately notify the person detained, his or her attorney, if any, and his or her guardian or conservator, if any, the prosecuting attorney, and the behavioral health administrative services organization administrator, and provide a copy of the petition to such persons as soon as possible. The behavioral health administrative services organization administrator or designee may review the petition and may appear and testify at the full hearing on the petition.
(2) The attorney for the detained person shall advise him or her of his or her right to be represented by an attorney, his or her right to a jury trial, and, if the petition is for commitment for mental health treatment, his or her loss of firearm rights if involuntarily committed. 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, physician assistant, psychiatric advanced registered nurse practitioner, psychologist, psychiatrist, or other professional person, designated by the detained person to examine and testify on behalf of the detained person.
(3) 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 person with a developmental disability who has been determined to be incompetent pursuant to *RCW 10.77.645
(7), the appointed professional person under this section shall be a developmental disabilities professional.
[
2023 c 453 s 24
;
2020 c 302 s 43
;
2019 c 325 s 3007
;
2017 3rd sp.s. c 14 s 19
. Prior:
2016 sp.s. c 29 s 236
;
2016 c 155 s 7
;
2014 c 225 s 84
; prior:
2009 c 293 s 5
;
2009 c 217 s 4
;
2008 c 213 s 8
;
2006 c 333 s 303
;
1998 c 297 s 17
;
1997 c 112 s 25
;
1989 c 420 s 14
;
1987 c 439 s 8
;
1975 1st ex.s. c 199 s 7
;
1974 ex.s. c 145 s 21
;
1973 1st ex.s. c 142 s 35
.]
NOTES:
*Reviser's note:
This RCW reference has been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Findings
—
2023 c 453:
See note following RCW 10.77.400
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
PDF
RCW 71.05.300
Filing of petition
—
Appearance
—
Notice
—
Advice as to rights
—
Appointment of attorney, expert, or professional person.
(Effective June 30, 2027.)
(1) 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. The clerk shall set a trial setting date as provided in RCW 71.05.310
on the next judicial day after the date of filing the petition and notify the designated crisis responder. The designated crisis responder shall immediately notify the person detained, his or her attorney, if any, and his or her guardian or conservator, if any, the prosecuting attorney, and the behavioral health administrative services organization administrator, and provide a copy of the petition to such persons as soon as possible. The behavioral health administrative services organization administrator or designee may review the petition and may appear and testify at the full hearing on the petition.
(2) The attorney for the detained person shall advise him or her of his or her right to be represented by an attorney, his or her right to a jury trial, and, if the petition is for commitment for mental health treatment, his or her loss of firearm rights if involuntarily committed. 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, physician assistant, psychiatric advanced practice registered nurse, psychologist, psychiatrist, or other professional person, designated by the detained person to examine and testify on behalf of the detained person.
(3) 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 person with a developmental disability who has been determined to be incompetent pursuant to *RCW 10.77.645
(7), the appointed professional person under this section shall be a developmental disabilities professional.
[
2025 c 58 s 5152
;
2023 c 453 s 24
;
2020 c 302 s 43
;
2019 c 325 s 3007
;
2017 3rd sp.s. c 14 s 19
. Prior:
2016 sp.s. c 29 s 236
;
2016 c 155 s 7
;
2014 c 225 s 84
; prior:
2009 c 293 s 5
;
2009 c 217 s 4
;
2008 c 213 s 8
;
2006 c 333 s 303
;
1998 c 297 s 17
;
1997 c 112 s 25
;
1989 c 420 s 14
;
1987 c 439 s 8
;
1975 1st ex.s. c 199 s 7
;
1974 ex.s. c 145 s 21
;
1973 1st ex.s. c 142 s 35
.]
NOTES:
*Reviser's note:
This RCW reference has been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Findings
—
2023 c 453:
See note following RCW 10.77.400
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
See note following RCW 71.05.590
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
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 set a hearing on the petition for ninety-day or one hundred eighty-day treatment within five judicial days of the trial setting hearing, or within ten judicial days for a petition filed under RCW 71.05.280
(3). The court may continue the hearing in accordance with RCW 71.05.236
. If the person named in the petition requests a jury trial, the trial must be set within ten judicial days of the next judicial day after the date of filing the petition. The burden of proof shall be by clear, cogent, and convincing evidence and shall be upon the petitioner. The person has the right to 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 under RCW 71.05.217
.
During the proceeding, the person named in the petition shall continue to be treated until released by order of the superior court or discharged by the behavioral health service provider. If the hearing has not commenced within thirty days after the filing of the petition, not including extensions of time ordered under RCW 71.05.236, the detained person shall be released.
[
2020 c 302 s 44
;
2012 c 256 s 8
;
2005 c 504 s 709
;
1987 c 439 s 9
;
1975 1st ex.s. c 199 s 8
;
1974 ex.s. c 145 s 22
;
1973 1st ex.s. c 142 s 36
.]
NOTES:
Purpose
—
Effective date
—
2012 c 256:
See notes following RCW 10.77.605
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
RCW 71.05.320
Remand for additional treatment
—
Less restrictive alternatives
—
Duration
—
Grounds
—
Hearing.
(Effective until July 1, 2026.)
(1)(a) Subject to (b) of this subsection, 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 of social and health services 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.
(b) If the order for inpatient treatment is based on a substance use disorder, treatment must take place at an approved substance use disorder treatment program. The court may only enter an order for commitment based on a substance use disorder if there is an available approved substance use disorder treatment program with adequate space for the person.
(c) 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 to the custody of the department of social and health services or to a facility certified for 180-day treatment by the department or under RCW 71.05.745
.
(2) 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 of social and health services 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 90 days from the date of judgment. 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 180 days from the date of judgment. If the court has made an affirmative special finding under RCW 71.05.280
(3)(b), the court shall appoint a multidisciplinary transition team as provided in subsection (6)(a)(i) of this section.
(3) An order for less restrictive alternative treatment entered under subsection (2) of this section must name the behavioral health service provider responsible for identifying the services the person will receive in accordance with RCW 71.05.585, and must include a requirement that the person cooperate with the services planned by the behavioral health service provider.
(4) The person shall be released from involuntary treatment at the expiration of the period of commitment imposed under subsection (1) or (2) 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 crisis responder, 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 a behavioral health 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 a behavioral health disorder or developmental disability, a likelihood of serious harm; or
(c)(i) Is in custody pursuant to RCW 71.05.280
(3) and as a result of a behavioral health disorder or developmental disability continues to present a substantial likelihood of repeating acts similar to the charged criminal behavior, when considering the person's life history, progress in treatment, and the public safety.
(ii) In cases under this subsection where the court has made an affirmative special finding under RCW 71.05.280
(3)(b), the commitment shall continue for up to an additional one hundred eighty-day period whenever the petition presents prima facie evidence that the person continues to suffer from a behavioral health disorder or developmental disability that results in a substantial likelihood of committing acts similar to the charged criminal behavior, unless the person presents proof through an admissible expert opinion that the person's condition has so changed such that the behavioral health disorder or developmental disability no longer presents a substantial likelihood of the person committing acts similar to the charged criminal behavior. The initial or additional commitment period may include transfer to a specialized program of intensive support and treatment, which may be initiated prior to or after discharge from the state hospital; 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 prove such conduct again.
If less restrictive alternative treatment is sought, the petition shall set forth any recommendations for less restrictive alternative treatment services.
(5) A new petition for involuntary treatment filed under subsection (4) of this section 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.
(6)(a) 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 section are present, subject to subsection (1)(b) of this section, the court may order the committed person returned for an additional period of treatment not to exceed 180 days from the date of judgment, except as provided in subsection (7) of this section. An order for less restrictive alternative treatment must name the behavioral health service provider responsible for identifying the services the person will receive in accordance with RCW 71.05.585, and must include a requirement that the person cooperate with the services planned by the behavioral health service provider.
(i) In cases where the court has ordered less restrictive alternative treatment and has previously made an affirmative special finding under RCW 71.05.280
(3)(b), the court shall appoint a multidisciplinary transition team to supervise and assist the person on the order for less restrictive treatment, which shall include a representative of the community behavioral health agency providing treatment under RCW 71.05.585, and a specially trained supervising community corrections officer. The court may omit the appointment of a community corrections officer if it makes a special finding that the appointment of a community corrections officer would not facilitate the success of the person, or the safety of the person and the community under (a)(ii) of this subsection.
(ii) The role of the transition team shall be to facilitate the success of the person on the less restrictive alternative order by monitoring the person's progress in treatment, compliance with court-ordered conditions, and to problem solve around extra support the person may need or circumstances which may arise that threaten the safety of the person or the community. The transition team may develop a monitoring plan which may be carried out by any member of the team. The transition team shall meet according to a schedule developed by the team, and shall communicate as needed if issues arise that require the immediate attention of the team.
(iii) The department of corrections shall collaborate with the department to develop specialized training for community corrections officers under this section. The lack of a trained community corrections officer must not be the cause of delay to entry of a less restrictive alternative order.
(b) At the end of the 180-day period of commitment, or one-year period of commitment if subsection (7) of this section applies, the committed person shall be released unless a petition for an additional 180-day period of continued treatment is filed and heard in the same manner as provided in this section. Successive 180-day commitments are permissible on the same grounds and pursuant to the same procedures as the original 180-day commitment.
(7) An order for less restrictive treatment entered under subsection (6) of this section may be for up to one year when the person's previous commitment term was for intensive inpatient treatment in a state hospital.
(8) No person committed under this section may be detained unless a valid order of commitment is in effect. No order of commitment under this section may exceed 180 days in length except as provided in subsection (7) of this section.
(9) Nothing in this section precludes the court from subsequently modifying the terms of an order for less restrictive alternative treatment under RCW 71.05.590
(3).
[
2022 c 210 s 17
. Prior:
2021 c 264 s 10
;
2021 c 263 s 2
;
2020 c 302 s 45
;
2018 c 201 s 3012
; prior:
2016 sp.s. c 29 s 237
;
2016 c 45 s 4
;
2015 c 250 s 11
;
2013 c 289 s 5
;
2009 c 323 s 2
;
2008 c 213 s 9
;
2006 c 333 s 304
;
1999 c 13 s 7
;
1997 c 112 s 26
;
1989 c 420 s 15
;
1986 c 67 s 5
;
1979 ex.s. c 215 s 15
;
1975 1st ex.s. c 199 s 9
;
1974 ex.s. c 145 s 23
;
1973 1st ex.s. c 142 s 37
.]
NOTES:
Expiration date
—
2022 c 210 ss 5, 12, 17, and 23:
See note following RCW 71.05.150
.
Expiration date
—
2021 c 264 ss 1, 3, 6, 8, 10, 14, 31, and 33:
See note following RCW 71.05.150
.
Expiration date
—
2021 c 263 s 2:
"Section 2 of this act expires July 1, 2026." [
2021 c 263 s 22
.]
Application
—
2021 c 263:
See note following RCW 10.77.550
.
Expiration date
—
2020 c 302 ss 13, 16, 26, 39, 45, 55, 78, 83, 86, 92, 94, and 97:
See note following RCW 71.05.150
.
Expiration date
—
2018 c 201 ss 3009, 3012, 3026, 5017, and 5020:
See note following RCW 71.05.240
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Findings
—
2013 c 289:
See note following RCW 10.77.645
.
Findings
—
Intent
—
2015 c 250; 2009 c 323:
"(1) The legislature finds that many persons who are released from involuntary mental health treatment in an inpatient setting would benefit from an order for less restrictive treatment in order to provide the structure and support necessary to facilitate long-term stability and success in the community.
(2) The legislature intends to make it easier to renew orders for less restrictive treatment following a period of inpatient commitment in cases in which a person has been involuntarily committed more than once and is likely to benefit from a renewed order for less restrictive treatment.
(3) The legislature finds that public safety is enhanced when a designated mental health professional is able to file a petition to revoke an order for less restrictive treatment under RCW 71.05.590
before a person who is the subject of the petition becomes ill enough to present a likelihood of serious harm." [
2015 c 250 s 21
;
2009 c 323 s 1
.]
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
Purpose
—
Construction
—
1999 c 13:
See note following RCW 10.77.010
.
PDF
RCW 71.05.320
Remand for additional treatment
—
Less restrictive alternatives
—
Duration
—
Grounds
—
Hearing.
(Effective July 1, 2026.)
(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 of social and health services 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.
If the order for inpatient treatment is based on a substance use disorder, treatment must take place at an approved substance use disorder treatment program. 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 to the custody of the department of social and health services or to a facility certified for 180-day treatment by the department or under RCW 71.05.745
.
(2) 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 of social and health services 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 90 days from the date of judgment. 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 180 days from the date of judgment. If the court has made an affirmative special finding under RCW 71.05.280
(3)(b), the court shall appoint a multidisciplinary transition team as provided in subsection (6)(a)(i) of this section.
(3) An order for less restrictive alternative treatment entered under subsection (2) of this section must name the behavioral health service provider responsible for identifying the services the person will receive in accordance with RCW 71.05.585, and must include a requirement that the person cooperate with the services planned by the behavioral health service provider.
(4) The person shall be released from involuntary treatment at the expiration of the period of commitment imposed under subsection (1) or (2) 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 crisis responder, 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 a behavioral health 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 a behavioral health disorder or developmental disability, a likelihood of serious harm; or
(c)(i) Is in custody pursuant to RCW 71.05.280
(3) and as a result of a behavioral health disorder or developmental disability continues to present a substantial likelihood of repeating acts similar to the charged criminal behavior, when considering the person's life history, progress in treatment, and the public safety.
(ii) In cases under this subsection where the court has made an affirmative special finding under RCW 71.05.280
(3)(b), the commitment shall continue for up to an additional one hundred eighty-day period whenever the petition presents prima facie evidence that the person continues to suffer from a behavioral health disorder or developmental disability that results in a substantial likelihood of committing acts similar to the charged criminal behavior, unless the person presents proof through an admissible expert opinion that the person's condition has so changed such that the behavioral health disorder or developmental disability no longer presents a substantial likelihood of the person committing acts similar to the charged criminal behavior. The initial or additional commitment period may include transfer to a specialized program of intensive support and treatment, which may be initiated prior to or after discharge from the state hospital; 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 prove such conduct again.
If less restrictive alternative treatment is sought, the petition shall set forth any recommendations for less restrictive alternative treatment services.
(5) A new petition for involuntary treatment filed under subsection (4) of this section 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.
(6)(a) 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 section are present, the court may order the committed person returned for an additional period of treatment not to exceed 180 days from the date of judgment, except as provided in subsection (7) of this section. An order for less restrictive alternative treatment must name the behavioral health service provider responsible for identifying the services the person will receive in accordance with RCW 71.05.585, and must include a requirement that the person cooperate with the services planned by the behavioral health service provider.
(i) In cases where the court has ordered less restrictive alternative treatment and has previously made an affirmative special finding under RCW 71.05.280
(3)(b), the court shall appoint a multidisciplinary transition team to supervise and assist the person on the order for less restrictive treatment, which shall include a representative of the community behavioral health agency providing treatment under RCW 71.05.585, and a specially trained supervising community corrections officer. The court may omit the appointment of a community corrections officer if it makes a special finding that the appointment of a community corrections officer would not facilitate the success of the person, or the safety of the person and the community under (a)(ii) of this subsection.
(ii) The role of the transition team shall be to facilitate the success of the person on the less restrictive alternative order by monitoring the person's progress in treatment, compliance with court-ordered conditions, and to problem solve around extra support the person may need or circumstances which may arise that threaten the safety of the person or the community. The transition team may develop a monitoring plan which may be carried out by any member of the team. The transition team shall meet according to a schedule developed by the team, and shall communicate as needed if issues arise that require the immediate attention of the team.
(iii) The department of corrections shall collaborate with the department to develop specialized training for community corrections officers under this section. The lack of a trained community corrections officer must not be the cause of delay to entry of a less restrictive alternative order.
(b) At the end of the 180-day period of commitment, or one-year period of commitment if subsection (7) of this section applies, the committed person shall be released unless a petition for an additional 180-day period of continued treatment is filed and heard in the same manner as provided in this section. Successive 180-day commitments are permissible on the same grounds and pursuant to the same procedures as the original 180-day commitment.
(7) An order for less restrictive treatment entered under subsection (6) of this section may be for up to one year when the person's previous commitment term was for intensive inpatient treatment in a state hospital.
(8) No person committed under this section may be detained unless a valid order of commitment is in effect. No order of commitment under this section may exceed 180 days in length except as provided in subsection (7) of this section.
(9) Nothing in this section precludes the court from subsequently modifying the terms of an order for less restrictive alternative treatment under RCW 71.05.590
(3).
[
2022 c 210 s 18
. Prior:
2021 c 264 s 11
;
2021 c 263 s 3
;
2020 c 302 s 46
;
2018 c 201 s 3013
;
2016 sp.s. c 29 s 238
;
2016 sp.s. c 29 s 237
;
2016 c 45 s 4
;
2015 c 250 s 11
;
2013 c 289 s 5
;
2009 c 323 s 2
;
2008 c 213 s 9
;
2006 c 333 s 304
;
1999 c 13 s 7
;
1997 c 112 s 26
;
1989 c 420 s 15
;
1986 c 67 s 5
;
1979 ex.s. c 215 s 15
;
1975 1st ex.s. c 199 s 9
;
1974 ex.s. c 145 s 23
;
1973 1st ex.s. c 142 s 37
.]
NOTES:
Effective date
—
2022 c 210 ss 6, 13, 18, and 24:
See note following RCW 71.05.150
.
Effective date
—
2021 c 264 ss 2, 4, 7, 9, 11, 15, 32, and 34:
See note following RCW 71.05.150
.
Effective date
—
2021 c 263 s 3:
"Section 3 of this act takes effect July 1, 2026." [
2021 c 263 s 23
.]
Application
—
2021 c 263:
See note following RCW 10.77.550
.
Effective date
—
2020 c 302 ss 14, 17, 27, 40, 46, 56, 79, 84, 87, 93, 95, and 98:
See note following RCW 71.05.150
.
Effective date
—
2018 c 201 ss 3010, 3013, 3027, 5018, and 5021:
See note following RCW 71.05.240
.
Findings
—
Intent
—
2018 c 201:
See note following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Findings
—
2013 c 289:
See note following RCW 10.77.645
.
Findings
—
Intent
—
2015 c 250; 2009 c 323:
"(1) The legislature finds that many persons who are released from involuntary mental health treatment in an inpatient setting would benefit from an order for less restrictive treatment in order to provide the structure and support necessary to facilitate long-term stability and success in the community.
(2) The legislature intends to make it easier to renew orders for less restrictive treatment following a period of inpatient commitment in cases in which a person has been involuntarily committed more than once and is likely to benefit from a renewed order for less restrictive treatment.
(3) The legislature finds that public safety is enhanced when a designated mental health professional is able to file a petition to revoke an order for less restrictive treatment under RCW 71.05.590
before a person who is the subject of the petition becomes ill enough to present a likelihood of serious harm." [
2015 c 250 s 21
;
2009 c 323 s 1
.]
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
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
(4), the superintendent, professional person, or designated crisis responder 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
.
[
2018 c 201 s 3014
;
2016 sp.s. c 29 s 239
;
2000 c 94 s 7
;
1994 c 129 s 8
;
1990 c 3 s 111
;
1989 c 401 s 1
;
1986 c 67 s 2
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Findings
—
Intent
—
1994 c 129:
See note following RCW 4.24.550
.
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
(4)(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.
[
2018 c 201 s 3015
;
1998 c 297 s 20
;
1997 c 112 s 27
;
1986 c 67 s 1
;
1973 1st ex.s. c 142 s 38
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
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
(4)(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.
[
2018 c 201 s 3016
;
1986 c 67 s 7
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
RCW 71.05.337
Intervention by attorney representing a tribe.
(1) An attorney representing a tribe has the right to intervene at any point in any court proceeding under this chapter involving a member of the tribe.
(a) For purposes of this section, "right to intervene" means the right of a tribal attorney to:
(i) Attend court proceedings;
(ii) Speak in court;
(iii) Request copies of orders issued by the court and petitions filed;
(iv) Submit information to the court including, but not limited to, information about available tribal resources to coordinate services; and
(v) Petition the court under RCW 71.05.201
.
(b) Information provided to the tribal attorney under this section is subject to any federal and state laws and regulations including the requirements in RCW 70.02.230
(2)(ee) and (3).
(2) Behavioral health service providers shall accept tribal court orders from tribes located within the state on the same basis as state court orders issued under this chapter.
(3) The administrative office of the courts, in consultation with the authority, shall develop and update court forms as needed in proceedings under this chapter for use by designated crisis responders and make them available by December 1, 2024. After January 1, 2025, superior courts must allow tribal designated crisis responders to use court forms developed by the administrative office of the courts.
[
2024 c 209 s 1
.]
RCW 71.05.338
Assertion of jurisdiction or authority over tribes prohibited.
Nothing in this chapter may be read as an assertion of state jurisdiction or regulatory authority over a tribe.
[
2024 c 209 s 3
.]
RCW 71.05.340
Outpatient treatment or care
—
Conditional release.
(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 combined with the number of days the person has spent in inpatient treatment, shall not exceed 90 days if the underlying commitment was for a period of 14 or 90 days, or 180 days if the underlying commitment was for a period of 180 days. If the facility or agency 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 designated crisis responder 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
(4)(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 facility or agency designated to provide outpatient care or the secretary of the department of social and health services 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. Enforcement or revocation proceedings related to a conditional release may occur as provided under RCW 71.05.590
.
[
2021 c 264 s 12
;
2018 c 201 s 3017
;
2016 sp.s. c 29 s 240
;
2015 c 250 s 12
;
2009 c 322 s 1
;
2000 c 94 s 8
;
1998 c 297 s 21
;
1997 c 112 s 28
;
1987 c 439 s 10
;
1986 c 67 s 6
;
1979 ex.s. c 215 s 16
;
1974 ex.s. c 145 s 24
;
1973 1st ex.s. c 142 s 39
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
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 of the department of social and health services 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.
[
2018 c 201 s 3018
;
1997 c 112 s 29
;
1973 1st ex.s. c 142 s 40
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
RCW 71.05.360
Rights of involuntarily detained persons.

NOTES:
Reviser's note:
RCW 71.05.360
was amended by 2020 c 312 s 731 without reference to its repeal by
2020 c 302 s 104
. It has been decodified for publication purposes under RCW 1.12.025
.
RCW 71.05.365
Involuntary commitment
—
Individualized discharge plan.
When a person has been involuntarily committed for treatment to a hospital for a period of 90 or 180 days, and the superintendent or professional person in charge of the hospital determines that the person no longer requires active psychiatric treatment at an inpatient level of care, the behavioral health administrative services organization, managed care organization, or agency providing oversight of long-term care or developmental disability services that is responsible for resource management services for the person must work with the hospital to develop an individualized discharge plan, including whether a petition should be filed for less restrictive alternative treatment on the basis that the person is in need of assisted outpatient treatment, and arrange for a transition to the community in accordance with the person's individualized discharge plan within 14 days of the determination.
[
2022 c 210 s 19
;
2019 c 325 s 3008
;
2016 sp.s. c 37 s 15
;
2014 c 225 s 85
;
2013 c 338 s 4
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Effective date
—
2016 sp.s. c 37 s 15:
"Section 15 of this act takes effect July 1, 2018." [
2016 sp.s. c 37 s 16
.]
Effective date
—
2014 c 225 s 85:
"Section 85 of this act takes effect July 1, 2018." [
2014 c 225 s 113
.]
Effective date
—
2013 c 338 s 4:
"Section 4 of this act takes effect July 1, 2018." [
2013 c 338 s 8
.]
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 behavioral health disorders shall have no less than all rights secured to involuntarily detained persons by RCW 71.05.217
.
[
2020 c 302 s 47
;
2016 sp.s. c 29 s 245
;
1973 1st ex.s. c 142 s 43
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
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
(4)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to *RCW 10.77.645
(7) to the following:
(i) The chief of police of the city, if any, in which the person will reside;
(ii) The sheriff of the county in which the person will reside; and
(iii) The prosecuting attorney of the county in which the criminal charges against the committed person were dismissed.
(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
(4)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to *RCW 10.77.645
(7):
(i) The victim of the sex, violent, or felony harassment offense that was dismissed pursuant to *RCW 10.77.645
(7) preceding commitment under RCW 71.05.280
(3) or
71.05.320
(4)(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;
(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; and
(iv) The chief of police of the city, if any, and the sheriff of the county, if any, which had jurisdiction of the person on the date of the applicable offense.
(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
(4)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to *RCW 10.77.645
(7) 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 escaped and in which the person resided immediately before the person's arrest and the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed. 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 10.77.645
(7) preceding commitment under RCW 71.05.280
(3) or
71.05.320
(4) 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 70.02.230
(2)(o). 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 of social and health services 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 of social and health services by the requesting party. The requesting party shall furnish the department of social and health services 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, state registered domestic partner, parents, siblings, and children;
(d) "Felony harassment offense" means a crime of harassment as defined in RCW 9A.46.060
that is a felony.
[
2023 c 453 s 25
;
2021 c 264 s 19
;
2018 c 201 s 3019
. Prior:
2013 c 289 s 6
;
2013 c 200 s 30
;
2011 c 305 s 5
;
2009 c 521 s 158
;
2008 c 213 s 10
;
2005 c 504 s 710
;
2000 c 94 s 10
;
1999 c 13 s 8
;
1994 c 129 s 9
;
1992 c 186 s 9
;
1990 c 3 s 109
.]
NOTES:
*Reviser's note:
These RCW references have been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Findings
—
2023 c 453:
See note following RCW 10.77.400
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Findings
—
2013 c 289:
See note following RCW 10.77.645
.
Effective date
—
2013 c 200:
See note following RCW 70.02.010
.
Findings
—
2011 c 305:
See note following RCW 74.09.295
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
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
.
RCW 71.05.435
Discharge of person from treatment entity
—
Notice to designated crisis responder office.
(1) Whenever a person who is the subject of an involuntary commitment order under this chapter is discharged from an evaluation and treatment facility, state hospital, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program providing involuntary treatment services, the entity discharging the person shall provide notice of the person's discharge, subject to federal laws and regulations, to the designated crisis responder office responsible for the initial commitment, which may be a tribe or other Indian health care provider if the designated crisis responder is appointed by the authority, and the designated crisis responder office that serves the county in which the person is expected to reside or to the tribal contact listed in the authority's tribal crisis coordination plan if the entity discharging the person knows, or has reason to know, that the person is an American Indian or Alaska Native who receives medical or behavioral health services from a tribe within this state. The entity discharging the person must also provide these offices with a copy of any less restrictive order or conditional release order entered in conjunction with the discharge of the person, unless the entity discharging the person has entered into a memorandum of understanding obligating another entity to provide these documents.
(2) The notice and documents referred to in subsection (1) of this section shall be provided as soon as possible and no later than one business day following the discharge of the person. Notice is not required under this section if the discharge is for the purpose of transferring the person for continued detention and treatment under this chapter at another treatment facility.
(3) The authority shall maintain and make available an updated list of contact information for designated crisis responder offices around the state.
(4) A facility providing substance use disorder services must attempt to obtain a release of information before discharge to meet the notification requirements of subsection (1) of this section.
[
2024 c 209 s 21
;
2020 c 256 s 306
;
2019 c 446 s 26
;
2018 c 201 s 3020
;
2016 sp.s. c 29 s 246
;
2010 c 280 s 4
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.05.445
Court-ordered behavioral health treatment of persons subject to department of corrections supervision
—
Initial assessment inquiry
—
Required notifications
—
Rules.
(1)(a) When a behavioral health service provider conducts its initial assessment for a person receiving court-ordered treatment, the service provider shall inquire and shall be told by the offender whether he or she is subject to supervision by the department of corrections.
(b) When a person receiving court-ordered treatment or treatment ordered by the department of corrections discloses to his or her behavioral health service provider that he or she is subject to supervision by the department of corrections, the behavioral health service provider shall notify the department of corrections that he or she is treating the offender and shall notify the offender that his or her community corrections officer will be notified of the treatment, provided that if the offender has received relief from disclosure pursuant to RCW 9.94A.562
or
71.05.132
and the offender has provided the behavioral health service provider with a copy of the order granting relief from disclosure pursuant to RCW 9.94A.562
or
71.05.132, the behavioral health service provider is not required to notify the department of corrections that the behavioral health service provider is treating the offender. The notification may be written or oral and shall not require the consent of the offender. If an oral notification is made, it must be confirmed by a written notification. For purposes of this section, a written notification includes notification by email or facsimile, so long as the notifying behavioral health service provider is clearly identified.
(2) 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.
(3) The authority and the department of corrections, in consultation with behavioral health administrative services organizations, managed care organizations, behavioral health service providers as defined in RCW 71.05.020, behavioral health consumers, and advocates for persons with behavioral health disorders, 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 behavioral 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.
(4) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in this chapter, except as provided in RCW 72.09.585
.
(5) No behavioral health service provider or individual employed by a behavioral 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.
(6) Whenever federal law or federal regulations restrict the release of information and records related to behavioral health services for 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.
(7) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter
70.24
RCW.
(8) The authority shall, subject to available resources, electronically, or by the most cost-effective means available, provide the department of corrections with the names, last dates of services, and addresses of specific behavioral health administrative services organizations, managed care organizations, and behavioral health service providers that delivered behavioral health services to a person subject to chapter
9.94A
or
9.95
RCW pursuant to an agreement between the authority and the department of corrections.
[
2020 c 302 s 48
;
2019 c 325 s 3009
;
2018 c 201 s 3021
. Prior:
2014 c 225 s 86
;
2014 c 220 s 14
;
2013 c 200 s 31
;
2009 c 320 s 4
;
2005 c 504 s 711
;
2004 c 166 s 4
;
2002 c 39 s 2
;
2000 c 75 s 3
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Effective date
—
2014 c 220:
See note following RCW 70.02.290
.
Effective date
—
2013 c 200:
See note following RCW 70.02.010
.
Conflict with federal requirements
—
2009 c 320:
See note following RCW 71.05.020
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
Severability
—
Effective dates
—
2004 c 166:
See notes following RCW 71.05.040
.
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 s 1
.]
RCW 71.05.455
Law enforcement referrals to behavioral health agencies
—
Reports of threatened or attempted suicide
—
Model policy.
When funded, the Washington association of sheriffs and police chiefs, in consultation with the criminal justice training commission, must develop and adopt a model policy for use by law enforcement agencies relating to a law enforcement officer's referral of a person to a behavioral health agency after receiving a report of threatened or attempted suicide. The model policy must complement the criminal justice training commission's crisis intervention training curriculum.
[
2020 c 302 s 49
;
2016 c 158 s 2
.]
NOTES:
Finding
—
Intent
—
2016 c 158:
"The legislature finds that law enforcement officers may respond to situations in which an individual has threatened harm to himself or herself, but that individual does not meet the criteria to be taken into custody for an evaluation under the involuntary treatment act. In these situations, officers are encouraged to facilitate contact between the individual and a mental health professional in order to protect the individual and the community. While the legislature acknowledges that some law enforcement officers receive mental health training, law enforcement officers are not mental health professionals. It is the intent of the legislature that mental health incidents are addressed by mental health professionals." [
2016 c 158 s 1
.]
RCW 71.05.457
Law enforcement referrals to behavioral health agencies
—
Reports of threatened or attempted suicide
—
General authority law enforcement policy.
By July 1, 2017, all general authority Washington law enforcement agencies must adopt a policy establishing criteria and procedures for a law enforcement officer to refer a person to a behavioral health agency after receiving a report of threatened or attempted suicide.
[
2020 c 302 s 50
;
2016 c 158 s 3
.]
NOTES:
Finding
—
Intent
—
2016 c 158:
See note following RCW 71.05.455
.
RCW 71.05.458
Law enforcement referral
—
Threatened or attempted suicide
—
Contact by designated crisis responder.
As soon as possible, but no later than 24 hours from receiving a referral from a law enforcement officer or law enforcement agency, including a tribal law enforcement officer or tribal law enforcement agency, excluding Saturdays, Sundays, and holidays, a mental health professional contacted by the designated crisis responder agency must attempt to contact the referred person to determine whether additional mental health intervention is necessary, including, if needed, an assessment by a designated crisis responder for initial detention under RCW 71.05.150
or
71.05.153
. Documentation of the mental health professional's attempt to contact and assess the person must be maintained by the designated crisis responder agency.
[
2024 c 209 s 22
;
2019 c 325 s 3010
;
2016 c 158 s 5
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Finding
—
Intent
—
2016 c 158:
See note following RCW 71.05.455
.
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 s 55
.]
RCW 71.05.510
Damages for excessive detention.
Any individual who knowingly, willfully 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.
[
2018 c 201 s 3022
;
1974 ex.s. c 145 s 30
;
1973 1st ex.s. c 142 s 56
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
RCW 71.05.520
Protection of rights
—
Staff.
The authority as the state's behavioral health authority, the department of social and health services in its operation of the state hospitals, and the department of health in exercising its function of licensing and certification of behavioral health providers and facilities 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, each agency 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.
[
2018 c 201 s 3023
;
1973 1st ex.s. c 142 s 57
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
RCW 71.05.530
Facilities part of comprehensive behavioral health program.
Evaluation and treatment facilities and secure withdrawal management and stabilization facilities authorized pursuant to this chapter may be part of the comprehensive community behavioral health services program conducted in counties pursuant to chapter
71.24
RCW, and may receive funding pursuant to the provisions thereof.
[
2020 c 302 s 52
;
2016 sp.s. c 29 s 247
;
1998 c 297 s 23
;
1973 1st ex.s. c 142 s 58
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
RCW 71.05.560
Adoption of rules.
The department, the department of social and health services, and the authority 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 licensing or certification and other action relevant to evaluation and treatment facilities, secure detoxification facilities, and approved substance use disorder treatment programs.
[
2018 c 201 s 3025
;
2016 sp.s. c 29 s 248
;
1998 c 297 s 24
;
1973 1st ex.s. c 142 s 61
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective dates
—
Severability
—
Intent
—
1998 c 297:
See notes following RCW 71.05.010
.
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 s 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 s 6
.]
NOTES:
Intent
—
Effective date
—
1999 c 214:
See notes following RCW 72.09.370
.
RCW 71.05.585
Less restrictive alternative treatment.
(Effective until June 30, 2027.)
(1) Less restrictive alternative treatment, at a minimum, includes the following services:
(a) Assignment of a care coordinator;
(b) An intake evaluation with the provider of the less restrictive alternative treatment;
(c) A psychiatric evaluation, a substance use disorder evaluation, or both;
(d) A schedule of regular contacts with the provider of the treatment services for the duration of the order;
(e) A transition plan addressing access to continued services at the expiration of the order;
(f) An individual crisis plan;
(g) Consultation about the formation of a mental health advance directive under chapter
71.32
RCW; and
(h) Notification to the care coordinator assigned in (a) of this subsection if reasonable efforts to engage the client fail to produce substantial compliance with court-ordered treatment conditions.
(2) Less restrictive alternative treatment may additionally include requirements to participate in the following services:
(a) Medication management;
(b) Psychotherapy;
(c) Nursing;
(d) Substance use disorder counseling;
(e) Residential treatment;
(f) Partial hospitalization;
(g) Intensive outpatient treatment;
(h) Support for housing, benefits, education, and employment; and
(i) Periodic court review.
(3) If the person was provided with involuntary medication under RCW 71.05.215
or pursuant to a judicial order during the involuntary commitment period, the less restrictive alternative treatment order may authorize the less restrictive alternative treatment provider or its designee to administer involuntary antipsychotic medication to the person if the provider has attempted and failed to obtain the informed consent of the person and there is a concurring medical opinion approving the medication by a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced registered nurse practitioner, or physician or physician assistant in consultation with an independent mental health professional with prescribing authority.
(4) Less restrictive alternative treatment must be administered by a provider that is certified or licensed to provide or coordinate the full scope of services required under the less restrictive alternative order and that has agreed to assume this responsibility.
(5) The care coordinator assigned to a person ordered to less restrictive alternative treatment must submit an individualized plan for the person's treatment services to the court that entered the order. An initial plan must be submitted as soon as possible following the intake evaluation and a revised plan must be submitted upon any subsequent modification in which a type of service is removed from or added to the treatment plan.
(6) A care coordinator may disclose information and records related to mental health services pursuant to RCW 70.02.230
(2)(k) for purposes of implementing less restrictive alternative treatment.
(7) For the purpose of this section, "care coordinator" means a clinical practitioner who coordinates the activities of less restrictive alternative treatment. The care coordinator coordinates activities with the designated crisis responders that are necessary for enforcement and continuation of less restrictive alternative orders and is responsible for coordinating service activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis.
[
2024 c 62 s 22
;
2022 c 210 s 20
;
2021 c 264 s 13
;
2020 c 302 s 53
;
2018 c 291 s 2
. Prior:
2016 sp.s. c 29 s 241
;
2016 c 45 s 5
;
2015 c 250 s 16
.]
NOTES:
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
PDF
RCW 71.05.585
Less restrictive alternative treatment.
(Effective June 30, 2027.)
(1) Less restrictive alternative treatment, at a minimum, includes the following services:
(a) Assignment of a care coordinator;
(b) An intake evaluation with the provider of the less restrictive alternative treatment;
(c) A psychiatric evaluation, a substance use disorder evaluation, or both;
(d) A schedule of regular contacts with the provider of the treatment services for the duration of the order;
(e) A transition plan addressing access to continued services at the expiration of the order;
(f) An individual crisis plan;
(g) Consultation about the formation of a mental health advance directive under chapter
71.32
RCW; and
(h) Notification to the care coordinator assigned in (a) of this subsection if reasonable efforts to engage the client fail to produce substantial compliance with court-ordered treatment conditions.
(2) Less restrictive alternative treatment may additionally include requirements to participate in the following services:
(a) Medication management;
(b) Psychotherapy;
(c) Nursing;
(d) Substance use disorder counseling;
(e) Residential treatment;
(f) Partial hospitalization;
(g) Intensive outpatient treatment;
(h) Support for housing, benefits, education, and employment; and
(i) Periodic court review.
(3) If the person was provided with involuntary medication under RCW 71.05.215
or pursuant to a judicial order during the involuntary commitment period, the less restrictive alternative treatment order may authorize the less restrictive alternative treatment provider or its designee to administer involuntary antipsychotic medication to the person if the provider has attempted and failed to obtain the informed consent of the person and there is a concurring medical opinion approving the medication by a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced practice registered nurse, or physician or physician assistant in consultation with an independent mental health professional with prescribing authority.
(4) Less restrictive alternative treatment must be administered by a provider that is certified or licensed to provide or coordinate the full scope of services required under the less restrictive alternative order and that has agreed to assume this responsibility.
(5) The care coordinator assigned to a person ordered to less restrictive alternative treatment must submit an individualized plan for the person's treatment services to the court that entered the order. An initial plan must be submitted as soon as possible following the intake evaluation and a revised plan must be submitted upon any subsequent modification in which a type of service is removed from or added to the treatment plan.
(6) A care coordinator may disclose information and records related to mental health services pursuant to RCW 70.02.230
(2)(k) for purposes of implementing less restrictive alternative treatment.
(7) For the purpose of this section, "care coordinator" means a clinical practitioner who coordinates the activities of less restrictive alternative treatment. The care coordinator coordinates activities with the designated crisis responders that are necessary for enforcement and continuation of less restrictive alternative orders and is responsible for coordinating service activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis.
[
2025 c 58 s 5153
;
2024 c 62 s 22
;
2022 c 210 s 20
;
2021 c 264 s 13
;
2020 c 302 s 53
;
2018 c 291 s 2
. Prior:
2016 sp.s. c 29 s 241
;
2016 c 45 s 5
;
2015 c 250 s 16
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32:
See note following RCW 18.71A.010
.
Intent
—
2024 c 62:
See note following RCW 18.71A.020
.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.05.590
Enforcement, modification, or revocation of less restrictive alternative or conditional release orders
—
Initiation of inpatient detention procedures.
(Effective until July 1, 2026.)
(1) Either an agency or facility designated to monitor or provide services under a less restrictive alternative order or conditional release, or a designated crisis responder, may take action to enforce, modify, or revoke a less restrictive alternative treatment order or conditional release order. The agency, facility, or designated crisis responder must determine that:
(a) The person is failing to adhere to the terms and conditions of the order;
(b) Substantial deterioration in the person's functioning has occurred;
(c) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further evaluation, intervention, or treatment; or
(d) The person poses a likelihood of serious harm.
(2) Actions taken under this section must include a flexible range of responses of varying levels of intensity appropriate to the circumstances and consistent with the interests of the individual and the public in personal autonomy, safety, recovery, and compliance. Available actions may include, but are not limited to, any of the following:
(a) To counsel or advise the person as to their rights and responsibilities under the court order, and to offer incentives to motivate compliance;
(b) To increase the intensity of outpatient services provided to the person by increasing the frequency of contacts with the provider, referring the person for an assessment for assertive community services, or by other means;
(c) To request a court hearing for review and modification of the court order. The request must be directed to the court with jurisdiction over the order and specify the circumstances that give rise to the request and what modification is being sought. The county prosecutor shall assist the entity requesting the hearing and issue an appropriate summons to the person. This subsection does not limit the inherent authority of a treatment provider to alter conditions of treatment for clinical reasons, and is intended to be used only when court intervention is necessary or advisable to secure the person's compliance and prevent decompensation or deterioration;
(d) To detain the person for up to 12 hours for evaluation at an agency, facility providing services under the court order, crisis stabilization unit, 23-hour crisis relief center, emergency department, evaluation and treatment facility, secure withdrawal management and stabilization facility with available space, or an approved substance use disorder treatment program with available space. The purpose of the evaluation is to determine whether modification, revocation, or commitment proceedings are necessary and appropriate to stabilize the person and prevent decompensation, deterioration, or physical harm. Temporary detention for evaluation under this subsection is intended to occur only following a pattern of noncompliance or the failure of reasonable attempts at outreach and engagement, and may occur only when, based on clinical judgment, temporary detention is appropriate. The agency, facility, or designated crisis responder may request assistance from a peace officer for the purposes of temporary detention under this subsection (2)(d). This subsection does not limit the ability or obligation of the agency, facility, or designated crisis responder to pursue revocation procedures under subsection (5) of this section in appropriate circumstances; and
(e) To initiate revocation procedures under subsection (5) of this section.
(3) A court may supervise a person on an order for less restrictive alternative treatment or a conditional release. While the person is under the order, the court may:
(a) Require appearance in court for periodic reviews; and
(b) Modify the order after considering input from the agency or facility designated to provide or facilitate services. The court may not remand the person into inpatient treatment except as provided under subsection (5) of this section, but may take actions under subsection (2)(a) through (d) of this section.
(4) The facility or agency designated to provide outpatient treatment shall notify the secretary of the department of social and health services or designated crisis responder when a person fails to adhere to terms and conditions of court ordered treatment or experiences substantial deterioration in his or her condition and, as a result, presents an increased likelihood of serious harm.
(5)(a) A designated crisis responder or the secretary of the department of social and health services may, upon their own motion or upon request of the facility or agency designated to provide outpatient care, cause a person to be detained in an evaluation and treatment facility, available secure withdrawal management and stabilization facility with adequate space, or available approved substance use disorder treatment program with adequate space in or near the county in which he or she is receiving outpatient treatment for the purpose of a hearing for revocation of a less restrictive alternative treatment order or conditional release order under this chapter. The designated crisis responder or secretary of the department of social and health services shall file a petition for revocation within 24 hours and serve the person, their guardian, if any, and their attorney. A hearing for revocation of a less restrictive alternative treatment order or conditional release order may be scheduled without detention of the person.
(b) A person detained under this subsection (5) must be held until such time, not exceeding five days, as a hearing can be scheduled to determine whether or not the order for less restrictive alternative treatment or conditional release should be revoked, modified, or retained. If the person is not detained, the hearing must be scheduled within five days of service on the person. The designated crisis responder or the secretary of the department of social and health services may withdraw its petition for revocation at any time before the court hearing.
(c) A person detained under this subsection (5) has the same rights with respect to notice, hearing, and counsel as in any involuntary treatment proceeding, except as specifically set forth in this section. There is no right to jury trial. The venue for proceedings is the county where the petition is filed. Notice of the filing must be provided to the court that originally ordered commitment, if different from the court where the petition for revocation is filed, within two judicial days of the person's detention.
(d) The issues for the court to determine are whether: (i) The person adhered to the terms and conditions of the order; (ii) 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 above conditions apply, whether it is appropriate for the court to reinstate or modify the person's less restrictive alternative treatment order or conditional release order or order the person's detention for inpatient treatment. The person may waive the court hearing and allow the court to enter a stipulated order upon the agreement of all parties. If the court orders detention for inpatient treatment, the treatment period must be for 14 days from the revocation hearing if the less restrictive alternative treatment order or conditional release order was based on a petition under RCW 71.05.148, 71.05.160, or
71.05.230
. If the court orders detention for inpatient treatment and the less restrictive alternative treatment order or conditional release order was based on a petition under RCW 71.05.290
or
71.05.320, the number of days remaining on the order must be converted to days of inpatient treatment. A court may not detain a person for inpatient treatment to a secure withdrawal management and stabilization facility or approved substance use disorder treatment program under this subsection unless there is a facility or program available with adequate space for the person.
(6) In determining whether or not to take action under this section the designated crisis responder, agency, or facility must consider the factors specified under RCW 71.05.212
and the court must consider the factors specified under RCW 71.05.245
as they apply to the question of whether to enforce, modify, or revoke a court order for involuntary treatment.
(7) Prior to taking any action to enforce, modify, or revoke a less restrictive alternative treatment order or conditional release order in which the agency, facility, or designated crisis responder knows, or has reason to know, that the individual is an American Indian or Alaska Native who receives medical or behavioral health services from a tribe within this state, the agency, facility, or designated crisis responder shall notify the tribe and Indian health care provider regarding any action that will be taken under this section as soon as possible, but no later than three hours from the time the decision to take action is made. The agency, facility, or designated crisis responder must provide the tribe and Indian health care provider with a copy of the petition, together with any orders issued by the court and a notice of the tribe's right to intervene as soon as possible, but before any hearing under this section, and no later than 24 hours from the time the petition is served upon the person and the person's guardian. The court clerk shall provide copies of any court orders necessary for the agency, facility, or designated crisis responder to provide notice to the tribe or Indian health care provider under this section. Notification under this section is subject to any federal and state laws and regulations including the requirements in RCW 70.02.230
(2)(ee) and (3) and shall be made in person or by telephonic or electronic communication to the tribal contact listed in the authority's tribal crisis coordination plan.
[
2024 c 209 s 23
;
2023 c 433 s 10
;
2022 c 210 s 23
;
2021 c 264 s 14
;
2020 c 302 s 55
; (2020 c 302 s 54 expired January 1, 2021);
2019 c 446 s 14
. Prior:
2018 c 291 s 9
;
2018 c 201 s 3026
;
2017 3rd sp.s. c 14 s 9
; (2017 3rd sp.s. c 14 s 8 expired April 1, 2018);
2016 sp.s. c 29 s 242
;
2015 c 250 s 13
.]
NOTES:
Expiration date
—
2024 c 209 ss 11, 13, 23, and 26:
See note following RCW 71.05.150
.
Expiration date
—
2023 c 433 ss 6, 8, and 10:
See note following RCW 71.05.150
.
Expiration date
—
2022 c 210 ss 5, 12, 17, and 23:
See note following RCW 71.05.150
.
Expiration date
—
2021 c 264 ss 1, 3, 6, 8, 10, 14, 31, and 33:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Effective date
—
2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 13, 16, 26, 39, 45, 55, 78, 83, 86, 92, 94, and 97:
See note following RCW 71.05.150
.
Expiration date
—
2019 c 446 ss 4, 6, 8, 11, 14, 30, 32, 34, 37, 39, and 41:
See note following RCW 71.05.150
.
Effective date
—
2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15:
See note following RCW 71.05.020
.
Expiration date
—
2018 c 291 ss 4, 7, and 9:
See note following RCW 71.05.150
.
Expiration date
—
2018 c 201 ss 3009, 3012, 3026, 5017, and 5020:
See note following RCW 71.05.240
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21:
"Sections 9, 12, 14, 15, and 17 through 21 of this act take effect April 1, 2018." [
2017 3rd sp.s. c 14 s 24
.]
Expiration date
—
2017 3rd sp.s. c 14 ss 9 and 15:
"Sections 9 and 15 of this act expire July 1, 2026." [
2017 3rd sp.s. c 14 s 25
.]
Expiration date
—
2017 3rd sp.s. c 14 ss 8, 11, and 13:
"Sections 8, 11, and 13 of this act expire April 1, 2018." [
2017 3rd sp.s. c 14 s 23
.]
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
PDF
RCW 71.05.590
Enforcement, modification, or revocation of less restrictive alternative or conditional release orders
—
Initiation of inpatient detention procedures.
(Effective July 1, 2026.)
(1) Either an agency or facility designated to monitor or provide services under a less restrictive alternative order or conditional release, or a designated crisis responder, may take action to enforce, modify, or revoke a less restrictive alternative treatment order or conditional release order. The agency, facility, or designated crisis responder must determine that:
(a) The person is failing to adhere to the terms and conditions of the order;
(b) Substantial deterioration in the person's functioning has occurred;
(c) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further evaluation, intervention, or treatment; or
(d) The person poses a likelihood of serious harm.
(2) Actions taken under this section must include a flexible range of responses of varying levels of intensity appropriate to the circumstances and consistent with the interests of the individual and the public in personal autonomy, safety, recovery, and compliance. Available actions may include, but are not limited to, any of the following:
(a) To counsel or advise the person as to their rights and responsibilities under the court order, and to offer incentives to motivate compliance;
(b) To increase the intensity of outpatient services provided to the person by increasing the frequency of contacts with the provider, referring the person for an assessment for assertive community services, or by other means;
(c) To request a court hearing for review and modification of the court order. The request must be directed to the court with jurisdiction over the order and specify the circumstances that give rise to the request and what modification is being sought. The county prosecutor shall assist the entity requesting the hearing and issue an appropriate summons to the person. This subsection does not limit the inherent authority of a treatment provider to alter conditions of treatment for clinical reasons, and is intended to be used only when court intervention is necessary or advisable to secure the person's compliance and prevent decompensation or deterioration;
(d) To detain the person for up to 12 hours for evaluation at an agency, facility providing services under the court order, crisis stabilization unit, 23-hour crisis relief center, emergency department, evaluation and treatment facility, secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program. The purpose of the evaluation is to determine whether modification, revocation, or commitment proceedings are necessary and appropriate to stabilize the person and prevent decompensation, deterioration, or physical harm. Temporary detention for evaluation under this subsection is intended to occur only following a pattern of noncompliance or the failure of reasonable attempts at outreach and engagement, and may occur only when, based on clinical judgment, temporary detention is appropriate. The agency, facility, or designated crisis responder may request assistance from a peace officer for the purposes of temporary detention under this subsection (2)(d). This subsection does not limit the ability or obligation of the agency, facility, or designated crisis responder to pursue revocation procedures under subsection (5) of this section in appropriate circumstances; and
(e) To initiate revocation procedures under subsection (5) of this section.
(3) A court may supervise a person on an order for less restrictive alternative treatment or a conditional release. While the person is under the order, the court may:
(a) Require appearance in court for periodic reviews; and
(b) Modify the order after considering input from the agency or facility designated to provide or facilitate services. The court may not remand the person into inpatient treatment except as provided under subsection (5) of this section, but may take actions under subsection (2)(a) through (d) of this section.
(4) The facility or agency designated to provide outpatient treatment shall notify the secretary of the department of social and health services or designated crisis responder when a person fails to adhere to terms and conditions of court ordered treatment or experiences substantial deterioration in his or her condition and, as a result, presents an increased likelihood of serious harm.
(5)(a) A designated crisis responder or the secretary of the department of social and health services may, upon their own motion or upon request of the facility or agency designated to provide outpatient care, cause a person to be detained in an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program in or near the county in which he or she is receiving outpatient treatment for the purpose of a hearing for revocation of a less restrictive alternative treatment order or conditional release order under this chapter. The designated crisis responder or secretary of the department of social and health services shall file a petition for revocation within 24 hours and serve the person, their guardian, if any, and their attorney. A hearing for revocation of a less restrictive alternative treatment order or conditional release order may be scheduled without detention of the person.
(b) A person detained under this subsection (5) must be held until such time, not exceeding five days, as a hearing can be scheduled to determine whether or not the order for less restrictive alternative treatment or conditional release should be revoked, modified, or retained. If the person is not detained, the hearing must be scheduled within five days of service on the person. The designated crisis responder or the secretary of the department of social and health services may withdraw its petition for revocation at any time before the court hearing.
(c) A person detained under this subsection (5) has the same rights with respect to notice, hearing, and counsel as in any involuntary treatment proceeding, except as specifically set forth in this section. There is no right to jury trial. The venue for proceedings is the county where the petition is filed. Notice of the filing must be provided to the court that originally ordered commitment, if different from the court where the petition for revocation is filed, within two judicial days of the person's detention.
(d) The issues for the court to determine are whether: (i) The person adhered to the terms and conditions of the order; (ii) 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 above conditions apply, whether it is appropriate for the court to reinstate or modify the person's less restrictive alternative treatment order or conditional release order or order the person's detention for inpatient treatment. The person may waive the court hearing and allow the court to enter a stipulated order upon the agreement of all parties. If the court orders detention for inpatient treatment, the treatment period must be for 14 days from the revocation hearing if the less restrictive alternative treatment order or conditional release order was based on a petition under RCW 71.05.148, 71.05.160, or
71.05.230
. If the court orders detention for inpatient treatment and the less restrictive alternative treatment order or conditional release order was based on a petition under RCW 71.05.290
or
71.05.320, the number of days remaining on the order must be converted to days of inpatient treatment.
(6) In determining whether or not to take action under this section the designated crisis responder, agency, or facility must consider the factors specified under RCW 71.05.212
and the court must consider the factors specified under RCW 71.05.245
as they apply to the question of whether to enforce, modify, or revoke a court order for involuntary treatment.
(7) Prior to taking any action to enforce, modify, or revoke a less restrictive alternative treatment order or conditional release order in which the agency, facility, or designated crisis responder knows, or has reason to know, that the individual is an American Indian or Alaska Native who receives medical or behavioral health services from a tribe within this state, the agency, facility, or designated crisis responder shall notify the tribe and Indian health care provider regarding any action that will be taken under this section as soon as possible, but no later than three hours from the time the decision to take action is made. The agency, facility, or designated crisis responder must provide the tribe and Indian health care provider with a copy of the petition, together with any orders issued by the court and a notice of the tribe's right to intervene as soon as possible, but before any hearing under this section, and no later than 24 hours from the time the petition is served upon the person and the person's guardian. The court clerk shall provide copies of any court orders necessary for the agency, facility, or designated crisis responder to provide notice to the tribe or Indian health care provider under this section. Notification under this section is subject to any federal and state laws and regulations including the requirements in RCW 70.02.230
(2)(ee) and (3) and shall be made in person or by telephonic or electronic communication to the tribal contact listed in the authority's tribal crisis coordination plan.
[
2024 c 209 s 24
;
2023 c 433 s 11
;
2022 c 210 s 24
;
2021 c 264 s 15
;
2020 c 302 s 56
; (2020 c 302 s 54 expired January 1, 2021);
2019 c 446 s 15
. Prior:
2018 c 291 s 10
;
2018 c 201 s 3027
;
2017 3rd sp.s. c 14 s 10
; (2017 3rd sp.s. c 14 s 8 expired April 1, 2018);
2016 sp.s. c 29 s 243
;
2016 sp.s. c 29 s 242
;
2015 c 250 s 13
.]
NOTES:
Effective date
—
2024 c 209 ss 12, 14, 24, and 27:
See note following RCW 71.05.150
.
Effective date
—
2023 c 433 ss 7, 9, and 11:
See note following RCW 71.05.150
.
Effective date
—
2022 c 210 ss 6, 13, 18, and 24:
See note following RCW 71.05.150
.
Effective date
—
2021 c 264 ss 2, 4, 7, 9, 11, 15, 32, and 34:
See note following RCW 71.05.150
.
Expiration date
—
2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91:
See note following RCW 71.05.150
.
Effective date
—
2020 c 302 ss 14, 17, 27, 40, 46, 56, 79, 84, 87, 93, 95, and 98:
See note following RCW 71.05.150
.
Effective date
—
2019 c 446 ss 5, 7, 9, 12, 15, 31, 33, 35, 38, 40, and 42:
See note following RCW 71.05.150
.
Effective date
—
2018 c 291 ss 5, 8, and 10:
See note following RCW 71.05.150
.
Effective date
—
2018 c 201 ss 3010, 3013, 3027, 5018, and 5021:
See note following RCW 71.05.240
.
Findings
—
Intent
—
2018 c 201:
See note following RCW 41.05.018
.
Effective date
—
2017 3rd sp.s. c 14 ss 10 and 16:
"Sections 10 and 16 of this act take effect July 1, 2026." [
2017 3rd sp.s. c 14 s 26
.]
Expiration date
—
2017 3rd sp.s. c 14 ss 8, 11, and 13:
"Sections 8, 11, and 13 of this act expire April 1, 2018." [
2017 3rd sp.s. c 14 s 23
.]
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.05.595
Less restrictive alternative treatment order
—
Termination.
A court order for less restrictive alternative treatment for a person found to be in need of assisted outpatient treatment must be terminated prior to the expiration of the order when, in the opinion of the professional person in charge of the less restrictive alternative treatment provider, (1) the person is prepared to accept voluntary treatment, or (2) the outpatient treatment ordered is no longer necessary to prevent a relapse, decompensation, or deterioration that is likely to result in the person presenting a likelihood of serious harm or the person becoming gravely disabled within a reasonably short period of time.
[
2022 c 210 s 25
;
2018 c 291 s 16
;
2015 c 250 s 17
.]
RCW 71.05.620
Court files and records closed
—
Exceptions
—
Rules.
(1) The files and records of court proceedings under this chapter and chapter
71.34
RCW shall be closed but shall be accessible to:
(a) The department;
(b) The department of social and health services;
(c) The authority;
(d) The state hospitals as defined in RCW 72.23.010
;
(e) Any person who is the subject of a petition;
(f) The attorney or guardian of the person;
(g) Resource management services for that person;
(h) Service providers authorized to receive such information by resource management services;
(i) The Washington state patrol firearms background division to conduct background checks for processing and purchasing firearms, concealed pistol licenses, alien firearms licenses, firearm rights restoration petitions under chapter
9.41
RCW, and release of firearms from evidence, including appeals of denial;
(j) The prosecuting attorney of a county or tribe located in this state; and
(k) The tribe or Indian health care provider who has the right to intervene or receive notice and copies of any orders issued by a court in any court proceeding under this chapter and chapter
71.34
RCW.
(2) The authority shall adopt rules to implement this section.
[
2024 c 209 s 25
;
2023 c 298 s 1
;
2018 c 201 s 3028
;
2016 sp.s. c 29 s 249
;
2015 c 269 s 16
;
2013 c 200 s 23
;
2005 c 504 s 111
;
1989 c 205 s 12
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2013 c 200:
See note following RCW 70.02.010
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
Contingent effective date
—
1989 c 205 ss 11-19:
"Sections 10 [11] through 19 of this act shall take effect on July 1, 1995, or when regional support networks are established." [
1989 c 205 s 24
.] See note following chapter digest.
RCW 71.05.660
Treatment records
—
Privileged communications unaffected.
Nothing in this chapter or chapter
70.02
or
71.34
RCW shall be construed to interfere with communications between physicians, physician assistants, psychiatric advanced registered nurse practitioners, or psychologists and patients and attorneys and clients.
[
2016 sp.s. c 29 s 420
;
2016 c 155 s 9
;
2013 c 200 s 21
;
2009 c 217 s 9
;
2005 c 504 s 114
;
1989 c 205 s 16
.]
NOTES:
Reviser's note:
This section was amended by 2016 c 155 s 9 and by 2016 sp.s. c 29 s 420, each without reference to the other. Both 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).
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2013 c 200:
See note following RCW 70.02.010
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
Contingent effective date
—
1989 c 205 ss 11-19:
See note following RCW 71.05.620
.
RCW 71.05.680
Treatment records
—
Access under false pretenses, penalty.
Any person who requests or obtains confidential information pursuant to RCW 71.05.620
under false pretenses shall be guilty of a gross misdemeanor.
[
2013 c 200 s 22
;
2005 c 504 s 713
;
1999 c 13 s 11
. Prior:
1989 c 205 s 18
.]
NOTES:
Effective date
—
2013 c 200:
See note following RCW 70.02.010
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
Purpose
—
Construction
—
1999 c 13:
See note following RCW 10.77.010
.
Contingent effective date
—
1989 c 205 ss 11-19:
See note following RCW 71.05.620
.
RCW 71.05.700
Home visit by designated crisis responder or crisis intervention worker
—
Accompaniment by second trained individual.
No designated crisis responder or crisis intervention worker shall be required to respond to a private home or other private location to stabilize or treat a person in crisis, or to evaluate a person for potential detention under the state's involuntary treatment act, unless a second trained individual, determined by the clinical team supervisor, on-call supervisor, or individual professional acting alone based on a risk assessment for potential violence, accompanies them. The second individual may be a law enforcement officer, a mental health professional, a mental health paraprofessional who has received training under RCW 71.05.715, or other first responder, such as fire or ambulance personnel. No retaliation may be taken against a worker who, following consultation with the clinical team, refuses to go on a home visit alone.
[
2016 sp.s. c 29 s 250
;
2007 c 360 s 2
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Findings
—
2007 c 360:
"The legislature finds that designated mental health professionals go out into the community to evaluate people for potential detention under the state's involuntary treatment act. Also, designated mental health professionals and other mental health workers do crisis intervention work intended to stabilize a person in crisis and provide immediate treatment and intervention in communities throughout Washington state. In many cases, the presence of a second trained individual on outreach to a person's private home or other private location will enhance safety for consumers, families, and mental health professionals and will advance the legislature's interest in quality mental health care services." [
2007 c 360 s 1
.]
Short title
—
2007 c 360:
"This act may be known and cited as the Marty Smith law." [
2007 c 360 s 7
.]
RCW 71.05.705
Provider of designated crisis responder or crisis outreach services
—
Policy for home visits.
Each provider of designated crisis responder or crisis outreach services shall maintain a written policy that, at a minimum, describes the organization's plan for training, staff backup, information sharing, and communication for crisis outreach staff who respond to private homes or nonpublic settings.
[
2016 sp.s. c 29 s 251
;
2007 c 360 s 3
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Findings
—
Short title
—
2007 c 360:
See notes following RCW 71.05.700
.
RCW 71.05.710
Home visit by mental health professional
—
Wireless telephone to be provided.
Any mental health professional who engages in home visits to clients shall be provided by their employer with a wireless telephone or comparable device for the purpose of emergency communication.
[
2007 c 360 s 4
.]
NOTES:
Findings
—
Short title
—
2007 c 360:
See notes following RCW 71.05.700
.
RCW 71.05.715
Crisis visit by mental health professional
—
Access to information.
Any mental health professional who is dispatched on a crisis visit, as described in RCW 71.05.700, shall have prompt access to information about any history of dangerousness or potential dangerousness on the client they are being sent to evaluate that is documented in crisis plans or commitment records and is available without unduly delaying a crisis response.
[
2007 c 360 s 5
.]
NOTES:
Findings
—
Short title
—
2007 c 360:
See notes following RCW 71.05.700
.
RCW 71.05.720
Training for community mental health employees.
Annually, all community mental health employees who work directly with clients shall be provided with training on safety and violence prevention topics described in RCW 49.19.030
. The curriculum for the training shall be developed collaboratively among the authority, the department, contracted behavioral health service providers, and employee organizations that represent community mental health workers.
[
2020 c 302 s 57
;
2018 c 201 s 3029
;
2007 c 360 s 6
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Findings
—
Short title
—
2007 c 360:
See notes following RCW 71.05.700
.