reglab/housing_qa huggingface dataset:
WA Rev Code § 71.05.236 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.236 - Involuntary commitment hearing—Postponement—Continuance.

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 § 37.]
WA Rev Code § 71.05.237 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.237 - Judicial proceedings—Court to enter findings when recommendations of professional person not followed.

RCW 71.05.237 Judicial proceedings—Court to enter findings when recommendations of professional person not followed.In any judicial proceeding in which a professional person has made a recommendation regarding whether an individual should be committed for treatment under this chapter, and the court does not follow the recommendation, the court shall enter findings that state with particularity its reasoning, including a finding whether the state met its burden of proof in showing whether the person presents a likelihood of serious harm.[ 1998 c 297 § 25.]NOTES:Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
WA Rev Code § 71.05.245 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.245 - Determination of grave disability, likelihood of serious harm, or need of assisted outpatient treatment—Use of recent history evidence.

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 behavioral health 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 behavioral health 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.[ 2018 c 291 § 14; 2015 c 250 § 8; 2010 c 280 § 3; 1999 c 13 § 6; 1998 c 297 § 14.]NOTES:Effective date—2013 c 335; 2011 2nd sp.s. c 6; 2010 c 280 §§ 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.
WA Rev Code § 71.05.260 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.260 - Release from involuntary intensive treatment—Exception.

RCW 71.05.260 Release from involuntary intensive treatment—Exception.(1) Involuntary intensive treatment ordered at the time of the probable cause hearing shall be for no more than fourteen days, and shall terminate sooner when, in the opinion of the professional person in charge of the facility or his or her professional designee, (a) the person no longer constitutes a likelihood of serious harm, or (b) no longer is gravely disabled, or (c) is prepared to accept voluntary treatment upon referral, or (d) is to remain in the facility providing intensive treatment on a voluntary basis.(2) A person who has been detained for fourteen days of intensive treatment shall be released at the end of the fourteen days unless one of the following applies: (a) Such person agrees to receive further treatment on a voluntary basis; or (b) such person is a patient to whom RCW 71.05.280 is applicable.[ 1997 c 112 § 20; 1987 c 439 § 7; 1974 ex.s. c 145 § 18; 1973 1st ex.s. c 142 § 31.]
WA Rev Code § 71.05.270 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.270 - Temporary release.

RCW 71.05.270 Temporary release.Nothing in this chapter shall prohibit the professional person in charge of a treatment facility, or his or her professional designee, from permitting a person detained for intensive treatment to leave the facility for prescribed periods during the term of the person's detention, under such conditions as may be appropriate.[ 1997 c 112 § 21; 1973 1st ex.s. c 142 § 32.]
WA Rev Code § 71.05.280 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.280 - Additional commitment—Grounds.

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 10.77.086(4), 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; or(5) Such person is in need of assisted outpatient behavioral health treatment.[ 2020 c 302 § 41; 2018 c 291 § 15; 2016 sp.s. c 29 § 234; 2015 c 250 § 9; 2013 c 289 § 4; 2008 c 213 § 6; 1998 c 297 § 15; 1997 c 112 § 22; 1986 c 67 § 3; 1979 ex.s. c 215 § 14; 1974 ex.s. c 145 § 19; 1973 1st ex.s. c 142 § 33.]NOTES:Effective date—2018 c 291 §§ 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 10.77.086.Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
WA Rev Code § 71.05.285 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.285 - Additional confinement—Prior history evidence.

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 § 3011; 2001 c 12 § 1; 1997 c 112 § 23.]NOTES:Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
WA Rev Code § 71.05.290 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.290 - Petition for additional commitment—Affidavit.

RCW 71.05.290 Petition for additional commitment—Affidavit.(1) At any time during a person's fourteen day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the 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 10.77.086(4), 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 one hundred eighty-day treatment under RCW 71.05.280(3), or for ninety-day treatment under RCW 71.05.280 (1), (2), (4), or (5). No petition for initial detention or fourteen day detention is required before such a petition may be filed.[ 2020 c 302 § 42; 2017 3rd sp.s. c 14 § 18. Prior: 2016 sp.s. c 29 § 235; 2016 c 155 § 6; 2016 c 45 § 3; 2015 c 250 § 10; 2009 c 217 § 3; 2008 c 213 § 7; 1998 c 297 § 16; 1997 c 112 § 24; 1986 c 67 § 4; 1975 1st ex.s. c 199 § 6; 1974 ex.s. c 145 § 20; 1973 1st ex.s. c 142 § 34.]NOTES:Effective date—2017 3rd sp.s. c 14 §§ 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.
WA Rev Code § 71.05.310 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.310 - Time for hearing—Due process—Jury trial—Continuation of treatment.

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 § 44; 2012 c 256 § 8; 2005 c 504 § 709; 1987 c 439 § 9; 1975 1st ex.s. c 199 § 8; 1974 ex.s. c 145 § 22; 1973 1st ex.s. c 142 § 36.]NOTES:Purpose—Effective date—2012 c 256: See notes following RCW 10.77.068.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.
WA Rev Code § 71.05.325 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.325 - Release—Authorized leave—Notice to prosecuting attorney.

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 § 3014; 2016 sp.s. c 29 § 239; 2000 c 94 § 7; 1994 c 129 § 8; 1990 c 3 § 111; 1989 c 401 § 1; 1986 c 67 § 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.
WA Rev Code § 71.05.330 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.330 - Early release—Notice to court and prosecuting attorney—Petition for hearing.

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 § 3015; 1998 c 297 § 20; 1997 c 112 § 27; 1986 c 67 § 1; 1973 1st ex.s. c 142 § 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.
WA Rev Code § 71.05.335 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.335 - Modification of order for inpatient treatment—Intervention by prosecuting attorney.

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 § 3016; 1986 c 67 § 7.]NOTES:Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
WA Rev Code § 71.05.350 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.350 - Assistance to released persons.

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 § 3018; 1997 c 112 § 29; 1973 1st ex.s. c 142 § 40.]NOTES:Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
WA Rev Code § 71.05.360 (2021)
2021 Revised Code of Washington|Title 71 - Mental Illness|Chapter 71.05 - Mental Illness.|71.05.360 - Rights of involuntarily detained persons.

RCW 71.05.360 Rights of involuntarily detained persons.NOTES:Reviser's note: RCW 71.05.360 was amended by 2020 c 312 § 731 without reference to its repeal by 2020 c 302 § 104. It has been decodified for publication purposes under RCW 1.12.025.