reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.620 - Court files and records closed—Exceptions—Rules.

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; and
(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.
(2) The authority shall adopt rules to implement this section.
[ 2023 c 298 § 1; 2018 c 201 § 3028; 2016 sp.s. c 29 § 249; 2015 c 269 § 16; 2013 c 200 § 23; 2005 c 504 § 111; 1989 c 205 § 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 §§ 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 § 24.] See note following chapter digest.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.660 - Treatment records—Privileged communications unaffected.

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 § 420; 2016 c 155 § 9; 2013 c 200 § 21; 2009 c 217 § 9; 2005 c 504 § 114; 1989 c 205 § 16.]
NOTES:
Reviser's note: This section was amended by 2016 c 155 § 9 and by 2016 sp.s. c 29 § 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 §§ 11-19: See note following RCW 71.05.620.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.680 - Treatment records—Access under false pretenses, penalty.

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 § 22; 2005 c 504 § 713; 1999 c 13 § 11. Prior: 1989 c 205 § 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 §§ 11-19: See note following RCW 71.05.620.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.700 - Home visit by designated crisis responder or crisis intervention worker—Accompaniment by second trained individual.

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 § 250; 2007 c 360 § 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 § 1.]
Short title—2007 c 360: "This act may be known and cited as the Marty Smith law." [ 2007 c 360 § 7.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.705 - Provider of designated crisis responder or crisis outreach services—Policy for home visits.

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 § 251; 2007 c 360 § 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.710 - Home visit by mental health professional—Wireless telephone to be provided.

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 § 4.]
NOTES:
Findings—Short title—2007 c 360: See notes following RCW 71.05.700.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.715 - Crisis visit by mental health professional—Access to information.

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 § 5.]
NOTES:
Findings—Short title—2007 c 360: See notes following RCW 71.05.700.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.720 - Training for community mental health employees.

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 § 57; 2018 c 201 § 3029; 2007 c 360 § 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.732 - Reimbursement for judicial services—Assessment.

RCW 71.05.732
Reimbursement for judicial services—Assessment.
(1) The joint legislative audit and review committee shall conduct an independent assessment of the direct costs of providing judicial services under this chapter and chapter 71.34 RCW as defined in RCW 71.05.730. The assessment shall include a review and analysis of the reasons for differences in costs among counties. The assessment shall be conducted for any county in which more than twenty civil commitment cases were conducted during the year prior to the study. The assessment must be completed by June 1, 2012.
(2) The administrative office of the courts, the authority, and the department of social and health services shall provide the joint legislative audit and review committee with assistance and data required to complete the assessment.
(3) The joint legislative audit and review committee shall present recommendations as to methods for updating the costs identified in the assessment to reflect changes over time.
[ 2018 c 201 § 3030; 2011 c 343 § 3.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Intent—2011 c 343: See note following RCW 71.05.730.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.740 - Reporting of commitment data.

RCW 71.05.740
Reporting of commitment data.
(1) All behavioral health administrative services organizations in the state of Washington must forward historical behavioral health involuntary commitment information retained by the organization, including identifying information and dates of commitment to the authority. As soon as feasible, the behavioral health administrative services organizations must arrange to report new commitment data to the authority within twenty-four hours. Commitment information under this section does not need to be resent if it is already in the possession of the authority. Behavioral health administrative services organizations and the authority shall be immune from liability related to the sharing of commitment information under this section.
(2) The clerk of the court must share commitment hearing outcomes in all hearings under this chapter with the local behavioral health administrative services organization that serves the region where the superior court is located, including in cases in which the designated crisis responder investigation occurred outside the region. The hearing outcome data must include the name of the facility to which a person has been committed.
[ 2022 c 210 § 29; 2021 c 263 § 15; 2020 c 302 § 58; 2019 c 325 § 3012; 2018 c 201 § 3031; 2014 c 225 § 88; 2013 c 216 § 2.]
NOTES:
Application—2021 c 263: See note following RCW 10.77.150.
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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.745 - Single bed certification.

RCW 71.05.745
Single bed certification.
(1) The authority may use a single bed certification process as outlined in rule to provide additional treatment capacity for a person suffering from a mental disorder for whom an evaluation and treatment bed is not available. The facility that is the proposed site of the single bed certification must be a facility that is willing and able to provide the person with timely and appropriate treatment either directly or by arrangement with other public or private agencies.
(2) A single bed certification must be specific to the patient receiving treatment.
(3) A designated crisis responder who submits an application for a single bed certification for treatment at a facility that is willing and able to provide timely and appropriate mental health treatment in good faith belief that the single bed certification is appropriate may presume that the single bed certification will be approved for the purpose of completing the detention process and responding to other emergency calls.
(4) The authority may adopt rules implementing this section and continue to enforce rules it has already adopted except where inconsistent with this section.
[ 2018 c 201 § 3032; 2016 sp.s. c 29 § 252; 2015 c 269 § 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.
Effective date—2015 c 269 §§ 1-9 and 11-13: See note following RCW 71.05.010.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.755 - Duties upon receipt of no bed available report—Corrective actions.

RCW 71.05.755
Duties upon receipt of no bed available report—Corrective actions.
(1) The authority shall promptly share reports it receives under RCW 71.05.750 with the responsible behavioral health administrative services organization or managed care organization, if applicable. The behavioral health administrative services organization or managed care organization, if applicable, receiving this notification must attempt to engage the person in appropriate services for which the person is eligible and report back within seven days to the authority.
(2) The authority shall track and analyze reports submitted under RCW 71.05.750. The authority must initiate corrective action when appropriate to ensure that each behavioral health administrative services organization or managed care organization, if applicable, has implemented an adequate plan to provide evaluation and treatment services. Corrective actions may include remedies under the authority's contract with such entity. An adequate plan may include development of less restrictive alternatives to involuntary commitment such as crisis diversion, voluntary treatment, or prevention programs reasonably calculated to reduce demand for evaluation and treatment under this chapter.
[ 2023 c 433 § 15; 2019 c 325 § 3014; 2018 c 201 § 3034; 2015 c 269 § 4.]
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—2015 c 269 §§ 1-9 and 11-13: See note following RCW 71.05.010.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.760 - Designated crisis responders—Training—Qualifications—Secure withdrawal management and stabilization facility capacity.

RCW 71.05.760
Designated crisis responders—Training—Qualifications—Secure withdrawal management and stabilization facility capacity.
(1)(a) The authority or its designee shall provide training to the designated crisis responders.
(b)(i) To qualify as a designated crisis responder, a person must have received substance use disorder training as determined by the authority and be a:
(A) Mental health professional with an advanced degree;
(B) Person who meets the waiver criteria of RCW 71.24.260, which waiver was granted before 1986; or
(C) Person who had an approved waiver to perform the duties of a mental health professional that was requested by the regional support network and granted by the department of social and health services before July 1, 2001.
(ii) Training must include training specific to the duties of a designated crisis responder, including diagnosis of substance abuse and dependence and assessment of risk associated with substance use.
(2)(a) The authority must ensure that at least one sixteen-bed secure withdrawal management and stabilization facility is operational by April 1, 2018, and that at least two sixteen-bed secure withdrawal management and stabilization facilities are operational by April 1, 2019.
(b) If, at any time during the implementation of secure withdrawal management and stabilization facility capacity, federal funding becomes unavailable for federal match for services provided in secure withdrawal management and stabilization facilities, then the authority must cease any expansion of secure withdrawal management and stabilization facilities until further direction is provided by the legislature.
[ 2023 c 425 § 22. Prior: 2019 c 446 § 16; 2019 c 325 § 3015; 2018 c 201 § 3035; 2017 3rd sp.s. c 14 § 21; 2016 sp.s. c 29 § 201.]
NOTES:
Effective date—2023 c 425 §§ 1-7, 13-20, and 22-26: See note following RCW 18.83.170.
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—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: "(1) Sections 501, 503 through 532, and 701 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect *April 1, 2016.
(2) Sections 201 through 210, 212, 214 through 224, 226 through 232, 234 through 237, 239 through 242, 244 through 267, 269, 271, 273, 274, 276, 278, 279, 281, 401 through 429, and 502 of this act take effect April 1, 2018.
(3) Sections 211, 213, 225, 233, 238, 243, 268, 270, 272, 275, 277, and 280 of this act take effect July 1, 2026." [ 2016 sp.s. c 29 § 803.]
*Reviser's note: 2016 sp.s. c 29 was signed by the governor on April 18, 2016.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.801 - Persons with developmental disabilities—Service plans—Habilitation services.

RCW 71.05.801
Persons with developmental disabilities—Service plans—Habilitation services.
When appropriate and subject to available funds, the treatment and training of a person with a developmental disability who is committed to the custody of the department of social and health services or to a facility licensed or certified for ninety day treatment by the department for a further period of intensive treatment under RCW 71.05.320 must be provided in a program specifically reserved for the treatment and training of persons with developmental disabilities. A person so committed shall receive habilitation services pursuant to an individualized service plan specifically developed to treat the behavior which was the subject of the criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others trained specifically in the needs of persons with developmental disabilities. The department of social and health services may limit admissions to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department of social and health services for such services. The department of social and health services may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department of social and health services.
[ 2018 c 201 § 3036; 2009 c 323 § 3.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Findings—Intent—2009 c 323: See note following RCW 71.05.320.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.820 - Appearance by video technology.

RCW 71.05.820
Appearance by video technology.
For purposes of this chapter, at any hearing the petitioner, the respondent, the witnesses, the interpreters, and the presiding judicial officer may be present and participate either in person or by video, as determined by the court. The term "video" as used in this section includes any functional equivalent. At any hearing conducted by video, the technology used must permit the judicial officer, counsel, all parties, and the witnesses to be able to see, hear, and speak, when authorized, during the hearing; to allow attorneys to use exhibits or other materials during the hearing; and to allow the respondent's counsel to be in the same location as the respondent unless otherwise requested by the respondent or the respondent's counsel. Witnesses in a proceeding may also appear in court through other means, including telephonically, pursuant to the requirements of superior court civil rule 43. Notwithstanding the foregoing, the court, upon its own motion or upon a motion for good cause by any party, may require all parties and witnesses to participate in the hearing in person rather than by video. In ruling on any such motion, the court may allow in-person or video testimony; and the court may consider, among other things, whether the respondent's alleged behavioral health disorder affects the respondent's ability to perceive or participate in the proceeding by video.
[ 2020 c 302 § 101.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.940 - Equal application of 1989 c 420—Evaluation for developmental disability.

RCW 71.05.940
Equal application of 1989 c 420—Evaluation for developmental disability.
The provisions of chapter 420, Laws of 1989 shall apply equally to persons in the custody of the department of social and health services on May 13, 1989, who were found by a court to be not guilty by reason of insanity or incompetent to stand trial, or who have been found to have committed acts constituting a felony pursuant to RCW 71.05.280(3) and present a substantial likelihood of repeating similar acts, and the secretary of the department of social and health services shall cause such persons to be evaluated to ascertain if such persons have a developmental disability for placement in a program specifically reserved for the treatment and training of persons with developmental disabilities.
[ 2018 c 201 § 3037; 1999 c 13 § 13; 1989 c 420 § 18.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Purpose—Construction—1999 c 13: See note following RCW 10.77.010.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.950 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 71.05.950
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 157.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.005 - Application of chapter.

RCW 71.06.005
Application of chapter.
With respect to sexual psychopaths, this chapter applies only to crimes or offenses committed before July 1, 1984.
[ 1984 c 209 § 27.]
NOTES:
Effective dates—1984 c 209: See note following RCW 9.94A.030.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.010 - Definitions.

RCW 71.06.010
Definitions.
As used in this chapter, the following terms shall have the following meanings:
"Psychopathic personality" means the existence in any person of such hereditary, congenital, or acquired condition affecting the emotional or volitional rather than the intellectual field and manifested by anomalies of such character as to render satisfactory social adjustment of such person difficult or impossible.
"Sexual psychopath" means any person who is affected in a form of psychoneurosis or in a form of psychopathic personality, which form predisposes such person to the commission of sexual offenses in a degree constituting him or her a menace to the health or safety of others.
"Sex offense" means one or more of the following: Abduction, incest, rape, assault with intent to commit rape, indecent assault, contributing to the delinquency of a minor involving sexual misconduct, sodomy, indecent exposure, indecent liberties with children, carnal knowledge of children, soliciting or enticing or otherwise communicating with a child for immoral purposes, vagrancy involving immoral or sexual misconduct, or an attempt to commit any of the said offenses.
"Minor" means any person under eighteen years of age.
"Department" means department of social and health services.
"Court" means the superior court of the state of Washington.
"Superintendent" means the superintendent of a state institution designated for the custody, care, and treatment of sexual psychopaths or psychopathic delinquents.
[ 2012 c 117 § 430; 1985 c 354 § 32; 1977 ex.s. c 80 § 42; 1971 ex.s. c 292 § 65; 1961 c 65 § 1; 1959 c 25 § 71.06.010. Prior: 1957 c 184 § 1; 1951 c 223 § 2; 1949 c 198 §§ 25 and 40; Rem. Supp. 1949 §§ 6953-25 and 6953-40.]
NOTES:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.020 - Sexual psychopaths—Petition.

RCW 71.06.020
Sexual psychopaths—Petition.
Where any person is charged in the superior court in this state with a sex offense and it appears that such person is a sexual psychopath, the prosecuting attorney may file a petition in the criminal proceeding, alleging that the defendant is a sexual psychopath and stating sufficient facts to support such allegation. Such petition must be filed and served on the defendant or his or her attorney at least ten days prior to hearing on the criminal charge.
[ 2012 c 117 § 431; 1959 c 25 § 71.06.020. Prior: 1951 c 223 § 3; 1949 c 198 § 26; Rem. Supp. 1949 § 6953-26.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.030 - Procedure on petition—Effect of acquittal on criminal charge.

RCW 71.06.030
Procedure on petition—Effect of acquittal on criminal charge.
The court shall proceed to hear the criminal charge. If the defendant is convicted or has previously pleaded guilty to such charge, judgment shall be pronounced, but the execution of the sentence may be deferred or suspended, as in other criminal cases, and the court shall then proceed to hear and determine the allegation of sexual psychopathy. Acquittal on the criminal charge shall not operate to suspend the hearing on the allegation of sexual psychopathy: PROVIDED, That the provisions of RCW 71.06.140 authorizing transfer of a committed sexual psychopath to a correctional institution shall not apply to the committed sexual psychopath who has been acquitted on the criminal charge.
[ 1967 c 104 § 1; 1959 c 25 § 71.06.030. Prior: 1951 c 223 § 4.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.040 - Preliminary hearing—Evidence—Detention in hospital for observation.

RCW 71.06.040
Preliminary hearing—Evidence—Detention in hospital for observation.
At a preliminary hearing upon the charge of sexual psychopathy, the court may require the testimony of two duly licensed physicians, physician assistants, or psychiatric advanced registered nurse practitioners who have examined the defendant. If the court finds that there are reasonable grounds to believe the defendant is a sexual psychopath, the court shall order said defendant confined at the nearest state hospital for observation as to the existence of sexual psychopathy. Such observation shall be for a period of not to exceed ninety days. The defendant shall be detained in the county jail or other county facilities pending execution of such observation order by the department.
[ 2016 c 155 § 10; 2009 c 217 § 10; 1959 c 25 § 71.06.040. Prior: 1951 c 223 § 5.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.050 - Preliminary hearing—Report of findings.

RCW 71.06.050
Preliminary hearing—Report of findings.
Upon completion of said observation period, the superintendent of the state hospital shall return the defendant to the court, together with a written report of his or her findings as to whether or not the defendant is a sexual psychopath and the facts upon which his or her opinion is based.
[ 2012 c 117 § 432; 1959 c 25 § 71.06.050. Prior: 1951 c 223 § 6.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.060 - Preliminary hearing—Commitment, or other disposition of charge.

RCW 71.06.060
Preliminary hearing—Commitment, or other disposition of charge.
After the superintendent's report has been filed, the court shall determine whether or not the defendant is a sexual psychopath. If said defendant is found to be a sexual psychopath, the court shall commit him or her to the secretary of social and health services for designation of the facility for detention, care, and treatment of the sexual psychopath. If the defendant is found not to be a sexual psychopath, the court shall order the sentence to be executed, or may discharge the defendant as the case may merit.
[ 2012 c 117 § 433; 1979 c 141 § 129; 1967 c 104 § 2; 1959 c 25 § 71.06.060. Prior: 1951 c 223 § 7.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.070 - Preliminary hearing—Jury trial.

RCW 71.06.070
Preliminary hearing—Jury trial.
A jury may be demanded to determine the question of sexual psychopathy upon hearing after return of the superintendent's report. Such demand must be in writing and filed with the court within ten days after filing of the petition alleging the defendant to be a sexual psychopath.
[ 1959 c 25 § 71.06.070. Prior: 1951 c 223 § 14; 1949 c 198 § 38; Rem. Supp. 1949 § 6953-38.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.080 - Preliminary hearing—Construction of chapter—Trial, evidence, law relating to criminally insane.

RCW 71.06.080
Preliminary hearing—Construction of chapter—Trial, evidence, law relating to criminally insane.
Nothing in this chapter shall be construed as to affect the procedure for the ordinary conduct of criminal trials as otherwise set up by law. Nothing in this chapter shall be construed to prevent the defendant, his or her attorney, or the court of its own motion, from producing evidence and witnesses at the hearing on the probable existence of sexual psychopathy or at the hearing after the return of the superintendent's report. Nothing in this chapter shall be construed as affecting the laws relating to the criminally insane or the insane criminal, nor shall this chapter be construed as preventing the defendant from raising the defense of insanity as in other criminal cases.
[ 2012 c 117 § 434; 1959 c 25 § 71.06.080. Prior: 1951 c 223 § 15.]
NOTES:
Criminally insane: Chapter 10.77 RCW.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.091 - Postcommitment proceedings, releases, and further dispositions.

RCW 71.06.091
Postcommitment proceedings, releases, and further dispositions.
A sexual psychopath committed pursuant to RCW 71.06.060 shall be retained by the superintendent of the institution involved until in the superintendent's opinion he or she is safe to be at large, or until he or she has received the maximum benefit of treatment, or is not amenable to treatment, but the superintendent is unable to render an opinion that he or she is safe to be at large. Thereupon, the superintendent of the institution involved shall so inform whatever court committed the sexual psychopath. The court then may order such further examination and investigation of such person as seems necessary, and may at its discretion, summon such person before it for further hearing, together with any witnesses whose testimony may be pertinent, and together with any relevant documents and other evidence. On the basis of such reports, investigation, and possible hearing, the court shall determine whether the person before it shall be released unconditionally from custody as a sexual psychopath, released conditionally, returned to the custody of the institution as a sexual psychopath, or transferred to the department of corrections to serve the original sentence imposed upon him or her. The power of the court to grant conditional release for any such person before it shall be the same as its power to grant, amend, and revoke probation as provided by chapter 9.95 RCW. When the sexual psychopath has entered upon the conditional release, the indeterminate sentence review board shall supervise such person pursuant to the terms and conditions of the conditional release, as set by the court: PROVIDED, That the superintendent of the institution involved shall never release the sexual psychopath from custody without a court release as herein set forth.
[ 2012 c 117 § 435; 1981 c 136 § 64; 1979 c 141 § 130; 1967 c 104 § 3.]
NOTES:
Effective date—1981 c 136: See RCW 72.09.900.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.100 - Postcommitment proceedings, releases, and further dispositions—Hospital record to be furnished court, indeterminate sentence review board.

RCW 71.06.100
Postcommitment proceedings, releases, and further dispositions—Hospital record to be furnished court, indeterminate sentence review board.
Where under RCW 71.06.091 the superintendent renders his or her opinion to the committing court, he or she shall provide the committing court, and, in the event of conditional release, the indeterminate sentence review board, with a copy of the hospital medical record concerning the sexual psychopath.
[ 2012 c 117 § 436; 1967 c 104 § 4; 1959 c 25 § 71.06.100. Prior: 1951 c 223 § 10.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.120 - Credit for time served in hospital.

RCW 71.06.120
Credit for time served in hospital.
Time served by a sexual psychopath in a state hospital shall count as part of his or her sentence whether such sentence is pronounced before or after adjudication of his or her sexual psychopathy.
[ 2012 c 117 § 437; 1959 c 25 § 71.06.120. Prior: 1951 c 223 § 13.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.130 - Discharge pursuant to conditional release.

RCW 71.06.130
Discharge pursuant to conditional release.
Where a sexual psychopath has been conditionally released by the committing court, as provided by RCW 71.06.091 for a period of five years, the court shall review his or her record and when the court is satisfied that the sexual psychopath is safe to be at large, said sexual psychopath shall be discharged.
[ 2012 c 117 § 438; 1967 c 104 § 5; 1959 c 25 § 71.06.130. Prior: 1951 c 223 § 12; 1949 c 198 § 28, part; Rem. Supp. 1949 § 6953-28, part.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.135 - Sexual psychopaths—Release of information authorized.

RCW 71.06.135
Sexual psychopaths—Release of information authorized.
In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public, concerning a specific sexual psychopath committed under this chapter.
[ 1990 c 3 § 120.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.140 - State hospitals for care of sexual psychopaths—Transfers to correctional institutions—Examinations, reports.

RCW 71.06.140
State hospitals for care of sexual psychopaths—Transfers to correctional institutions—Examinations, reports.
The department may designate one or more state hospitals for the care and treatment of sexual psychopaths: PROVIDED, That a committed sexual psychopath who has been determined by the superintendent of such mental hospital to be a custodial risk, or a hazard to other patients may be transferred by the secretary of social and health services, with the consent of the secretary of corrections, to one of the correctional institutions within the department of corrections which has psychiatric care facilities. A committed sexual psychopath who has been transferred to a correctional institution shall be observed and treated at the psychiatric facilities provided by the correctional institution. A complete psychiatric examination shall be given to each sexual psychopath so transferred at least twice annually. The examinations may be conducted at the correctional institution or at one of the mental hospitals. The examiners shall report in writing the results of said examinations, including recommendations as to future treatment and custody, to the superintendent of the mental hospital from which the sexual psychopath was transferred, and to the committing court, with copies of such reports and recommendations to the superintendent of the correctional institution.
[ 1981 c 136 § 65; 1979 c 141 § 131; 1967 c 104 § 6; 1959 c 25 § 71.06.140. Prior: 1951 c 223 § 11; 1949 c 198 § 37; Rem. Supp. 1949 § 6953-37.]
NOTES:
Effective date—1981 c 136: See RCW 72.09.900.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.260 - Hospitalization costs—Sexual psychopaths—Financial responsibility.

RCW 71.06.260
Hospitalization costs—Sexual psychopaths—Financial responsibility.
At any time any person is committed as a sexual psychopath the court shall, after reasonable notice of the time, place and purpose of the hearing has been given to persons subject to liability under this section, inquire into and determine the financial ability of said person, or his or her parents if he or she is a minor, or other relatives to pay the cost of care, meals and lodging during his or her period of hospitalization. Such cost shall be determined by the department of social and health services. Findings of fact shall be made relative to the ability to pay such cost and a judgment entered against the person or persons found to be financially responsible and directing the payment of said cost or such part thereof as the court may direct. The person committed, or his or her parents or relatives, may apply for modification of said judgment, or the order last entered by the court, if a proper showing of equitable grounds is made therefor.
[ 2012 c 117 § 439; 1985 c 354 § 33; 1979 c 141 § 132; 1959 c 25 § 71.06.260. Prior: 1957 c 26 § 1; 1951 c 223 § 27.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.06 - Sexual Psychopaths. › 71.06.270 - Availability of records.

RCW 71.06.270
Availability of records.
The records, files, and other written information prepared by the department of social and health services for individuals committed under this chapter shall be made available upon request to the department of corrections or the *board of prison terms and paroles for persons who are the subject of the records who are committed to the custody of the department of corrections or the board of prison terms and paroles.
[ 1983 c 196 § 5.]
NOTES:
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective July 1, 1986.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.010 - Findings.

RCW 71.09.010
Findings.
The legislature finds that a small but extremely dangerous group of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for the existing involuntary treatment act, chapter 71.05 RCW, which is intended to be a short-term civil commitment system that is primarily designed to provide short-term treatment to individuals with serious mental disorders and then return them to the community. In contrast to persons appropriate for civil commitment under chapter 71.05 RCW, sexually violent predators generally have personality disorders and/or mental abnormalities which are unamenable to existing mental illness treatment modalities and those conditions render them likely to engage in sexually violent behavior. The legislature further finds that sex offenders' likelihood of engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment act, chapter 71.05 RCW, is inadequate to address the risk to reoffend because during confinement these offenders do not have access to potential victims and therefore they will not engage in an overt act during confinement as required by the involuntary treatment act for continued confinement. The legislature further finds that the prognosis for curing sexually violent offenders is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different than the traditional treatment modalities for people appropriate for commitment under the involuntary treatment act.
[ 2001 c 286 § 3; 1990 c 3 § 1001.]
NOTES:
Recommendations—Application—Effective date—2001 c 286: See notes following RCW 71.09.015.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.015 - Finding—Intent—Clarification.

RCW 71.09.015
Finding—Intent—Clarification.
The legislature finds that presentation of evidence related to conditions of a less restrictive alternative that are beyond the authority of the court to order, and that would not exist in the absence of a court order, reduces the public respect for the rule of law and for the authority of the courts. Consequently, the legislature finds that the decision in In re the Detention of Casper Ross, 102 Wn. App 108 (2000), is contrary to the legislature's intent. The legislature hereby clarifies that it intends, and has always intended, in any proceeding under this chapter that the court and jury be presented only with conditions that would exist or that the court would have the authority to order in the absence of a finding that the person is a sexually violent predator.
[ 2001 c 286 § 1.]
NOTES:
Recommendations—2001 c 286: "The department of social and health services shall, in consultation with interested stakeholders, develop recommendations for improving the procedures used to notify victims when a sexually violent predator is conditionally released to a less restrictive alternative under chapter 71.09 RCW, while at the same time maintaining the confidentiality of victim information." [ 2001 c 286 § 10.]
Application—2001 c 286: "This act applies to all individuals currently committed or awaiting commitment under chapter 71.09 RCW either on, before, or after May 14, 2001, whether confined in a secure facility or on conditional release." [ 2001 c 286 § 14.]
Effective date—2001 c 286: "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 [May 14, 2001]." [ 2001 c 286 § 15.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.030 - Sexually violent predator petition—Filing.

RCW 71.09.030
Sexually violent predator petition—Filing.
(1) A petition may be filed alleging that a person is a sexually violent predator and stating sufficient facts to support such allegation when it appears that: (a) A person who at any time previously has been convicted of a sexually violent offense is about to be released from total confinement; (b) a person found to have committed a sexually violent offense as a juvenile is about to be released from total confinement; (c) a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial is about to be released, or has been released, pursuant to RCW 10.77.086(7); (d) a person who has been found not guilty by reason of insanity of a sexually violent offense is about to be released, or has been released, pursuant to RCW * 10.77.020(3), 10.77.110 (1) or (3), or 10.77.150; or (e) a person who at any time previously has been convicted of a sexually violent offense and has since been released from total confinement and has committed a recent overt act.
(2) The petition may be filed by:
(a) The prosecuting attorney of a county in which:
(i) The person has been charged or convicted with a sexually violent offense;
(ii) A recent overt act occurred involving a person covered under subsection (1)(e) of this section; or
(iii) The person committed a recent overt act, or was charged or convicted of a criminal offense that would qualify as a recent overt act, if the only sexually violent offense charge or conviction occurred in a jurisdiction other than Washington; or
(b) The attorney general, if requested by the county prosecuting attorney identified in (a) of this subsection. If the county prosecuting attorney requests that the attorney general file and prosecute a case under this chapter, then the county shall charge the attorney general only the fees, including filing and jury fees, that would be charged and paid by the county prosecuting attorney, if the county prosecuting attorney retained the case.
[ 2023 c 453 § 27; 2009 c 409 § 3; 2008 c 213 § 12; 1995 c 216 § 3; 1992 c 45 § 4; 1990 1st ex.s. c 12 § 3; 1990 c 3 § 1003.]
NOTES:
*Reviser's note: RCW 10.77.020 was amended by 1998 c 297 § 30, deleting subsection (3).
Findings—2023 c 453: See note following RCW 10.77.060.
Application—Effective date—2009 c 409: See notes following RCW 71.09.020.
Severability—Application—1992 c 45: See notes following RCW 9.94A.840.
Effective date—1990 1st ex.s. c 12: See note following RCW 13.40.020.