Revised Code of Washington
Chapter 71.05 - Behavioral Health Disorders.
71.05.235 - Examination, evaluation of criminal defendant—Hearing.

RCW 71.05.235
Examination, evaluation of criminal defendant—Hearing.

(1) If an individual is referred to a designated crisis responder under *RCW 10.77.088(2)(d)(i), the designated crisis responder shall examine the individual within forty-eight hours. If the designated crisis responder determines it is not appropriate to detain the individual or petition for a ninety-day less restrictive alternative under RCW 71.05.230(4), that decision shall be immediately presented to the superior court for hearing. The court shall hold a hearing to consider the decision of the designated crisis responder not later than the next judicial day. At the hearing the superior court shall review the determination of the designated crisis responder and determine whether an order should be entered requiring the person to be evaluated at an evaluation and treatment facility. No person referred to an evaluation and treatment facility may be held at the facility longer than one hundred twenty hours.
(2) If an individual is placed in an evaluation and treatment facility under *RCW 10.77.088(2)(d)(ii), a professional person shall evaluate the individual for purposes of determining whether to file a ninety-day inpatient or outpatient petition under this chapter. Before expiration of the one hundred twenty hour evaluation period authorized under *RCW 10.77.088(2)(d)(ii), the professional person shall file a petition or, if the recommendation of the professional person is to release the individual, present his or her recommendation to the superior court of the county in which the criminal charge was dismissed. The superior court shall review the recommendation not later than forty-eight hours, excluding Saturdays, Sundays, and holidays, after the recommendation is presented. If the court rejects the recommendation to unconditionally release the individual, the court may order the individual detained at a designated evaluation and treatment facility for not more than a one hundred twenty hour evaluation and treatment period. If the evaluation and treatment facility files a ninety-day petition within the one hundred twenty hour period, the clerk shall set a hearing after the day of filing consistent with RCW 71.05.300. Upon the individual's first appearance in court after a petition has been filed, proceedings under RCW 71.05.310 and 71.05.320 shall commence. For an individual subject to this subsection, the professional person may directly file a petition for ninety-day inpatient or outpatient treatment and no petition for initial detention or fourteen-day detention is required before such a petition may be filed.
(3) If a designated crisis responder or the professional person and prosecuting attorney for the county in which the criminal charge was dismissed or attorney general, as appropriate, stipulate that the individual does not present a likelihood of serious harm or is not gravely disabled, the hearing under this section is not required and the individual, if in custody, shall be released.

[ 2020 c 302 § 36; (2020 c 302 § 35 expired January 1, 2021); 2016 sp.s. c 29 § 231; 2015 1st sp.s. c 7 § 14; 2008 c 213 § 5; 2005 c 504 § 708; 2000 c 74 § 6; 1999 c 11 § 1; 1998 c 297 § 18.]
NOTES:

*Reviser's note: RCW 10.77.088 was amended by 2022 c 288 § 5, changing subsection (2)(d)(i) and (ii) to subsection (5)(a) and (b).


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.


Expiration date—2020 c 302 §§ 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91: 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.


Finding—2015 1st sp.s. c 7: See note following RCW 10.77.075.


Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.075.


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.


Severability—2000 c 74: See note following RCW 10.77.060.


Effective date—1999 c 11: "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 March 1, 1999, or upon approval by the governor, whichever occurs later [April 15, 1999]." [ 1999 c 11 § 2.]


Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.

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