Revised Code of Washington
Chapter 71.05 - Behavioral Health Disorders.
71.05.010 - Legislative intent.

RCW 71.05.010
Legislative intent.

(1) The provisions of this chapter apply to persons who are eighteen years of age or older and are intended by the legislature:
(a) To protect the health and safety of persons suffering from behavioral health disorders and to protect public safety through use of the parens patriae and police powers of the state;
(b) To prevent inappropriate, indefinite commitment of persons living with behavioral health disorders and to eliminate legal disabilities that arise from such commitment;
(c) To provide prompt evaluation and timely and appropriate treatment of persons with serious behavioral health disorders;
(d) To safeguard individual rights;
(e) To provide continuity of care for persons with serious behavioral health disorders;
(f) To encourage the full use of all existing agencies, professional personnel, and public funds to prevent duplication of services and unnecessary expenditures; and
(g) To encourage, whenever appropriate, that services be provided within the community.
(2) When construing the requirements of this chapter the court must focus on the merits of the petition, except where requirements have been totally disregarded, as provided in In re C.W., 147 Wn.2d 259, 281 (2002). A presumption in favor of deciding petitions on their merits furthers both public and private interests because the mental and physical well-being of individuals as well as public safety may be implicated by the decision to release an individual and discontinue his or her treatment.

[ 2020 c 302 § 1; 2016 sp.s. c 29 § 203; 2015 c 269 § 1; 1998 c 297 § 2; 1997 c 112 § 2; 1989 c 120 § 1; 1973 1st ex.s. c 142 § 6.]
NOTES:

Short title—2016 sp.s. c 29: "This act may be known and cited as Ricky Garcia's act." [ 2016 sp.s. c 29 § 801.]


Right of action—2016 sp.s. c 29: "This act does not create any new entitlement or cause of action related to civil commitment under this chapter, and cannot form the basis for a private right of action." [ 2016 sp.s. c 29 § 802.]


Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.


Effective date—2015 c 269 §§ 1-9 and 11-13: "Sections 1 through 9 and 11 through 13 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 immediately [May 14, 2015]." [ 2015 c 269 § 20.]


Effective dates—1998 c 297: "This act takes effect July 1, 1998, except for sections 18, 35, 38, and 39 of this act, which take effect March 1, 1999." [ 1998 c 297 § 53.]


Severability—1998 c 297: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1998 c 297 § 58.]


Intent—1998 c 297: "It is the intent of the legislature to: (1) Clarify that it is the nature of a person's current conduct, current mental condition, history, and likelihood of committing future acts that pose a threat to public safety or himself or herself, rather than simple categorization of offenses, that should determine treatment procedures and level; (2) improve and clarify the sharing of information between the mental health and criminal justice systems; and (3) provide additional opportunities for mental health treatment for persons whose conduct threatens himself or herself or threatens public safety and has led to contact with the criminal justice system.
The legislature recognizes that a person can be incompetent to stand trial, but may not be gravely disabled or may not present a likelihood of serious harm. The legislature does not intend to create a presumption that a person who is found incompetent to stand trial is gravely disabled or presents a likelihood of serious harm requiring civil commitment." [ 1998 c 297 § 1.]

Structure Revised Code of Washington

Revised Code of Washington

Title 71 - Behavioral Health

Chapter 71.05 - Behavioral Health Disorders.

71.05.010 - Legislative intent.

71.05.012 - Legislative intent and finding.

71.05.020 - Definitions.

71.05.025 - Integration with chapter 71.24 RCW—Behavioral health administrative services organizations—Duty to institute procedures for timely consultation with resource management services.

71.05.026 - Behavioral health services contracts—Limitation on state liability.

71.05.027 - Integrated comprehensive screening and assessment process for substance use and mental disorders.

71.05.030 - Commitment laws applicable.

71.05.040 - Detention or judicial commitment of persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia.

71.05.050 - Voluntary application for treatment of a behavioral health disorder—Rights—Review of condition and status—Detention—Person refusing voluntary admission, temporary detention.

71.05.100 - Financial responsibility.

71.05.110 - Compensation of appointed counsel.

71.05.120 - Exemptions from liability.

71.05.130 - Duties of prosecuting attorney and attorney general.

71.05.132 - Court-ordered treatment—Required notifications.

71.05.135 - Mental health commissioners—Appointment.

71.05.137 - Mental health commissioners—Authority.

71.05.140 - Records maintained.

71.05.145 - Offenders with behavioral health disorders who are believed to be dangerous—Less restrictive alternative.

71.05.148 - Assisted outpatient treatment—Petitions, court orders for less restrictive alternative treatment—Procedure.

71.05.150 - Petition for initial detention of persons with behavioral health disorders—Evaluation and treatment period—Procedure—Tribal jurisdiction.

71.05.153 - Emergency detention of persons with behavioral health disorders—Procedure.

71.05.154 - Detention of persons with behavioral health disorders—Evaluation—Consultation with emergency room physician.

71.05.156 - Evaluation for imminent likelihood of serious harm or imminent danger—Individual with grave disability.

71.05.157 - Evaluation by designated crisis responder—When required—Required notifications.

71.05.160 - Petition for initial detention.

71.05.170 - Acceptance of petition—Notice—Duty of state hospital.

71.05.180 - Detention period for evaluation and treatment.

71.05.182 - Six-month suspension of right to possess firearms after detention for evaluation and treatment of person who presents likelihood of serious harm as a result of behavioral health disorder, substance use disorder, or both—Automatic restorat...

71.05.190 - Persons not admitted—Transportation—Detention of arrested person pending return to custody.

71.05.195 - Not guilty by reason of insanity—Detention of persons who have fled from state of origin—Probable cause hearing.

71.05.201 - Petition for initial detention when designated crisis responder does not detain—Procedure—Court review.

71.05.203 - Notice—Petition for detention by family member, guardian, or conservator.

71.05.210 - Evaluation—Treatment and care—Release or other disposition.

71.05.212 - Evaluation—Consideration of information and records.

71.05.214 - Protocols—Development—Submission to governor and legislature.

71.05.215 - Right to refuse antipsychotic medicine—Rules.

71.05.217 - Rights—Posting of list.

71.05.220 - Property of committed person.

71.05.230 - Commitment beyond initial evaluation and treatment period—Petition for fourteen day involuntary treatment or ninety days of less restrictive alternative treatment—Procedure.

71.05.232 - Discharge reviews—Consultations, notifications required.

71.05.235 - Examination, evaluation of criminal defendant—Hearing.

71.05.236 - Involuntary commitment hearing—Postponement—Continuance.

71.05.237 - Judicial proceedings—Court to enter findings when recommendations of professional person not followed.

71.05.240 - Petition for up to 14 days of involuntary treatment or 90 days or 18 months of less restrictive alternative treatment—Probable cause hearing.

71.05.245 - Determination of grave disability, likelihood of serious harm, or need of assisted outpatient treatment—Use of recent history evidence.

71.05.260 - Release from involuntary intensive treatment—Exception.

71.05.270 - Temporary release.

71.05.280 - Additional commitment—Grounds.

71.05.285 - Additional confinement—Prior history evidence.

71.05.290 - Petition for additional commitment—Affidavit.

71.05.300 - Filing of petition—Appearance—Notice—Advice as to rights—Appointment of attorney, expert, or professional person.

71.05.310 - Time for hearing—Due process—Jury trial—Continuation of treatment.

71.05.320 - Remand for additional treatment—Less restrictive alternatives—Duration—Grounds—Hearing.

71.05.325 - Release—Authorized leave—Notice to prosecuting attorney.

71.05.330 - Early release—Notice to court and prosecuting attorney—Petition for hearing.

71.05.335 - Modification of order for inpatient treatment—Intervention by prosecuting attorney.

71.05.340 - Outpatient treatment or care—Conditional release.

71.05.350 - Assistance to released persons.

71.05.360 - Rights of involuntarily detained persons.

71.05.365 - Involuntary commitment—Individualized discharge plan.

71.05.380 - Rights of voluntarily committed persons.

71.05.425 - Persons committed following dismissal of sex, violent, or felony harassment offense—Notification of conditional release, final release, leave, transfer, or escape—To whom given—Definitions.

71.05.435 - Discharge of person from treatment entity—Notice to designated crisis responder office.

71.05.445 - Court-ordered behavioral health treatment of persons subject to department of corrections supervision—Initial assessment inquiry—Required notifications—Rules.

71.05.455 - Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—Model policy.

71.05.457 - Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—General authority law enforcement policy.

71.05.458 - Law enforcement referral—Threatened or attempted suicide—Contact by designated crisis responder.

71.05.500 - Liability of applicant.

71.05.510 - Damages for excessive detention.

71.05.520 - Protection of rights—Staff.

71.05.530 - Facilities part of comprehensive behavioral health program.

71.05.560 - Adoption of rules.

71.05.570 - Rules of court.

71.05.575 - Less restrictive alternative treatment—Consideration by court.

71.05.585 - Less restrictive alternative treatment.

71.05.590 - Enforcement, modification, or revocation of less restrictive alternative or conditional release orders—Initiation of inpatient detention procedures.

71.05.595 - Less restrictive alternative treatment order—Termination.

71.05.620 - Court files and records closed—Exceptions—Rules.

71.05.660 - Treatment records—Privileged communications unaffected.

71.05.680 - Treatment records—Access under false pretenses, penalty.

71.05.700 - Home visit by designated crisis responder or crisis intervention worker—Accompaniment by second trained individual.

71.05.705 - Provider of designated crisis responder or crisis outreach services—Policy for home visits.

71.05.710 - Home visit by mental health professional—Wireless telephone to be provided.

71.05.715 - Crisis visit by mental health professional—Access to information.

71.05.720 - Training for community mental health employees.

71.05.730 - Judicial services—Civil commitment cases—Reimbursement.

71.05.732 - Reimbursement for judicial services—Assessment.

71.05.740 - Reporting of commitment data.

71.05.745 - Single bed certification.

71.05.750 - Report—No bed available for person who meets detention criteria.

71.05.755 - Duties upon receipt of no bed available report—Corrective actions.

71.05.760 - Designated crisis responders—Training—Qualifications—Secure withdrawal management and stabilization facility capacity.

71.05.801 - Persons with developmental disabilities—Service plans—Habilitation services.

71.05.810 - Integration evaluation.

71.05.820 - Appearance by video technology.

71.05.940 - Equal application of 1989 c 420—Evaluation for developmental disability.

71.05.950 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.