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.
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.