RCW 71.05.040
Detention or judicial commitment of persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia.
Persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia shall not be detained for evaluation and treatment or judicially committed solely by reason of that condition unless such condition causes a person to be gravely disabled or to present a likelihood of serious harm. However, persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia and who otherwise meet the criteria for detention or judicial commitment are not ineligible for detention or commitment based on this condition alone.
[ 2020 c 302 § 8; 2018 c 201 § 3004; 2004 c 166 § 2; 1997 c 112 § 4; 1987 c 439 § 1; 1977 ex.s. c 80 § 41; 1975 1st ex.s. c 199 § 1; 1974 ex.s. c 145 § 5; 1973 1st ex.s. c 142 § 9.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Severability—2004 c 166: "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." [ 2004 c 166 § 23.]
Effective dates—2004 c 166: "This act takes effect July 1, 2004, except for sections 6, 20, and 22 of this act, which 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 [March 26, 2004]." [ 2004 c 166 § 24.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Structure Revised Code of Washington
Chapter 71.05 - Behavioral Health Disorders.
71.05.010 - Legislative intent.
71.05.012 - Legislative intent and finding.
71.05.026 - Behavioral health services contracts—Limitation on state liability.
71.05.030 - Commitment laws applicable.
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.
71.05.153 - Emergency detention of persons with behavioral health disorders—Procedure.
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.
71.05.203 - 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.
71.05.232 - Discharge reviews—Consultations, notifications required.
71.05.235 - Examination, evaluation of criminal defendant—Hearing.
71.05.236 - Involuntary commitment hearing—Postponement—Continuance.
71.05.260 - 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.
71.05.310 - 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.
71.05.435 - Discharge of person from treatment entity—Notice to designated crisis responder office.
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.
71.05.575 - Less restrictive alternative treatment—Consideration by court.
71.05.585 - Less restrictive alternative treatment.
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.
71.05.710 - 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.
71.05.801 - 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.