reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.190 - Persons not admitted—Transportation—Detention of arrested person pending return to custody.

RCW 71.05.190
Persons not admitted—Transportation—Detention of arrested person pending return to custody.
If the person is not approved for admission by a facility providing one hundred twenty hour evaluation and treatment, and the individual has not been arrested, the facility shall furnish transportation, if not otherwise available, for the person to his or her place of residence or other appropriate place. If the individual has been arrested, the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program shall detain the individual for not more than eight hours at the request of the peace officer. The facility shall make reasonable attempts to contact the requesting peace officer during this time to inform the peace officer that the person is not approved for admission in order to enable a peace officer to return to the facility and take the individual back into custody.
[ 2020 c 302 § 22; 2019 c 446 § 17; 2016 sp.s. c 29 § 220; 2011 c 305 § 3; 1997 c 112 § 13; 1979 ex.s. c 215 § 12; 1974 ex.s. c 145 § 12; 1973 1st ex.s. c 142 § 24.]
NOTES:
Effective date—2020 c 302 §§ 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92: 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.
Findings—2011 c 305: See note following RCW 74.09.295.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.214 - Protocols—Development—Submission to governor and legislature.

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, 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.
[ 2020 c 302 § 29; 2018 c 201 § 3007; 2016 sp.s. c 29 § 227; 1998 c 297 § 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 § 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.215 - Right to refuse antipsychotic medicine—Rules.

RCW 71.05.215
Right to refuse antipsychotic medicine—Rules.
(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 supervising psychiatrist, 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.
[ 2020 c 302 § 30; 2018 c 201 § 3008. Prior: 2016 sp.s. c 29 § 228; 2016 c 155 § 3; 2008 c 156 § 2; 1997 c 112 § 16; 1991 c 105 § 1.]
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.
Severability—1991 c 105: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1991 c 105 § 6.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.220 - Property of committed person.

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 § 10; 2016 sp.s. c 29 § 229; 1997 c 112 § 17; 1973 1st ex.s. c 142 § 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.232 - Discharge reviews—Consultations, notifications required.

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 § 18.]
NOTES:
*Reviser's note: RCW 71.05.020 was amended by 2019 c 325 § 3001, deleting the definition of "chemical dependency," effective January 1, 2020.
Severability—Effective dates—2004 c 166: See notes following RCW 71.05.040.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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 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 § 14; 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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(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 § 22; 2022 c 210 § 15; 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:
Findings—2023 c 453: See note following RCW 10.77.060.
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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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 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 10.77.086(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 § 23; 2022 c 210 § 16; 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:
Findings—2023 c 453: See note following RCW 10.77.060.
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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.365 - Involuntary commitment—Individualized discharge plan.

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 § 19; 2019 c 325 § 3008; 2016 sp.s. c 37 § 15; 2014 c 225 § 85; 2013 c 338 § 4.]
NOTES:
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2016 sp.s. c 37 § 15: "Section 15 of this act takes effect July 1, 2018." [ 2016 sp.s. c 37 § 16.]
Effective date—2014 c 225 § 85: "Section 85 of this act takes effect July 1, 2018." [ 2014 c 225 § 113.]
Effective date—2013 c 338 § 4: "Section 4 of this act takes effect July 1, 2018." [ 2013 c 338 § 8.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.380 - Rights of voluntarily committed persons.

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 § 47; 2016 sp.s. c 29 § 245; 1973 1st ex.s. c 142 § 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.435 - Discharge of person from treatment entity—Notice to designated crisis responder office.

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 to the designated crisis responder office responsible for the initial commitment, which may be a federally recognized Indian 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. 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.
[ 2020 c 256 § 306; 2019 c 446 § 26; 2018 c 201 § 3020; 2016 sp.s. c 29 § 246; 2010 c 280 § 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.455 - Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—Model policy.

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 § 49; 2016 c 158 § 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 § 1.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.457 - Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—General authority law enforcement policy.

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 § 50; 2016 c 158 § 3.]
NOTES:
Finding—Intent—2016 c 158: See note following RCW 71.05.455.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.458 - Law enforcement referral—Threatened or attempted suicide—Contact by designated crisis responder.

RCW 71.05.458
Law enforcement referral—Threatened or attempted suicide—Contact by designated crisis responder.
As soon as possible, but no later than twenty-four hours from receiving a referral from a law enforcement officer or 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.
[ 2019 c 325 § 3010; 2016 c 158 § 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.500 - Liability of applicant.

RCW 71.05.500
Liability of applicant.
Any person making or filing an application alleging that a person should be involuntarily detained, certified, committed, treated, or evaluated pursuant to this chapter shall not be rendered civilly or criminally liable where the making and filing of such application was in good faith.
[ 1973 1st ex.s. c 142 § 55.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.510 - Damages for excessive detention.

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 § 3022; 1974 ex.s. c 145 § 30; 1973 1st ex.s. c 142 § 56.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.520 - Protection of rights—Staff.

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 § 3023; 1973 1st ex.s. c 142 § 57.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.530 - Facilities part of comprehensive behavioral health program.

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 § 52; 2016 sp.s. c 29 § 247; 1998 c 297 § 23; 1973 1st ex.s. c 142 § 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.560 - Adoption of rules.

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 § 3025; 2016 sp.s. c 29 § 248; 1998 c 297 § 24; 1973 1st ex.s. c 142 § 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.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.570 - Rules of court.

RCW 71.05.570
Rules of court.
The supreme court of the state of Washington shall adopt such rules as it shall deem necessary with respect to the court procedures and proceedings provided for by this chapter.
[ 1973 1st ex.s. c 142 § 62.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.575 - Less restrictive alternative treatment—Consideration by court.

RCW 71.05.575
Less restrictive alternative treatment—Consideration by court.
(1) When making a decision under this chapter whether to require a less restrictive alternative treatment, the court shall consider whether it is appropriate to include or exclude time spent in confinement when determining whether the person has committed a recent overt act.
(2) When determining whether an offender is a danger to himself or herself or others under this chapter, a court shall give great weight to any evidence submitted to the court regarding an offender's recent history of judicially required or administratively ordered involuntary antipsychotic medication while in confinement.
[ 1999 c 214 § 6.]
NOTES:
Intent—Effective date—1999 c 214: See notes following RCW 72.09.370.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.05 - Behavioral Health Disorders. › 71.05.595 - Less restrictive alternative treatment order—Termination.

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 § 25; 2018 c 291 § 16; 2015 c 250 § 17.]