RCW 71.05.330
Early release—Notice to court and prosecuting attorney—Petition for hearing.
(1) Nothing in this chapter shall prohibit the superintendent or professional person in charge of the hospital or facility in which the person is being involuntarily treated from releasing him or her prior to the expiration of the commitment period when, in the opinion of the superintendent or professional person in charge, the person being involuntarily treated no longer presents a likelihood of serious harm.
Whenever the superintendent or professional person in charge of a hospital or facility providing involuntary treatment pursuant to this chapter releases a person prior to the expiration of the period of commitment, the superintendent or professional person in charge shall in writing notify the court which committed the person for treatment.
(2) Before a person committed under grounds set forth in RCW 71.05.280(3) or 71.05.320(4)(c) is released under this section, the superintendent or professional person in charge shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the release date. Notice shall be provided at least thirty days before the release date. Within twenty days after receiving notice, the prosecuting attorney may petition the court in the county in which the person is being involuntarily treated for a hearing to determine whether the person is to be released. The prosecuting attorney shall provide a copy of the petition to the superintendent or professional person in charge of the hospital or facility providing involuntary treatment, the attorney, if any, and the guardian or conservator of the committed person. The court shall conduct a hearing on the petition within ten days of filing the petition. The committed person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as set forth in this subsection and except that there shall be no right to jury trial. The issue to be determined at the hearing is whether or not the person may be released without substantial danger to other persons, or substantial likelihood of committing criminal acts jeopardizing public safety or security. If the court disapproves of the release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court upon the hearing, the committed person shall be released or shall be returned for involuntary treatment subject to release at the end of the period for which he or she was committed, or otherwise in accordance with the provisions of this chapter.
[ 2018 c 201 § 3015; 1998 c 297 § 20; 1997 c 112 § 27; 1986 c 67 § 1; 1973 1st ex.s. c 142 § 38.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
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.