RCW 71.05.195
Not guilty by reason of insanity—Detention of persons who have fled from state of origin—Probable cause hearing.
(1) A civil commitment may be initiated under the procedures described in RCW 71.05.150 or 71.05.153 for a person who has been found not guilty by reason of insanity in a state other than Washington and who has fled from detention, commitment, or conditional release in that state, on the basis of a request by the state in which the person was found not guilty by reason of insanity for the person to be detained and transferred back to the custody or care of the requesting state. A finding of likelihood of serious harm or grave disability is not required for a commitment under this section. The detention may occur at either an evaluation and treatment facility or a state hospital. The petition for one hundred twenty hour detention filed by the designated crisis responder must be accompanied by the following documents:
(a) A copy of an order for detention, commitment, or conditional release of the person in a state other than Washington on the basis of a judgment of not guilty by reason of insanity;
(b) A warrant issued by a magistrate in the state in which the person was found not guilty by reason of insanity indicating that the person has fled from detention, commitment, or conditional release in that state and authorizing the detention of the person within the state in which the person was found not guilty by reason of insanity;
(c) A statement from the executive authority of the state in which the person was found not guilty by reason of insanity requesting that the person be returned to the requesting state and agreeing to facilitate the transfer of the person to the requesting state.
(2) The person shall be entitled to a probable cause hearing within the time limits applicable to other detentions under this chapter and shall be afforded the rights described in this chapter including the right to counsel. At the probable cause hearing, the court shall determine the identity of the person and whether the other requirements of this section are met. If the court so finds, the court may order continued detention in a treatment facility for up to thirty days for the purpose of the transfer of the person to the custody or care of the requesting state. The court may order a less restrictive alternative to detention only under conditions which ensure the person's safe transfer to the custody or care of the requesting state within thirty days without undue risk to the safety of the person or others.
(3) For the purposes of this section, "not guilty by reason of insanity" shall be construed to include any provision of law which is generally equivalent to a finding of criminal insanity within the state of Washington; and "state" shall be construed to mean any state, district, or territory of the United States.
[ 2020 c 302 § 23; 2016 sp.s. c 29 § 221; 2010 c 208 § 1.]
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.
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.