Revised Code of Washington
Chapter 71.05 - Behavioral Health Disorders.
71.05.575 - Less restrictive alternative treatment—Consideration by court.

RCW 71.05.575
Less restrictive alternative treatment—Consideration by court.

(1) When making a decision under this chapter whether to require a less restrictive alternative treatment, the court shall consider whether it is appropriate to include or exclude time spent in confinement when determining whether the person has committed a recent overt act.
(2) When determining whether an offender is a danger to himself or herself or others under this chapter, a court shall give great weight to any evidence submitted to the court regarding an offender's recent history of judicially required or administratively ordered involuntary antipsychotic medication while in confinement.

[ 1999 c 214 § 6.]
NOTES:

Intent—Effective date—1999 c 214: See notes following RCW 72.09.370.

Structure Revised Code of Washington

Revised Code of Washington

Title 71 - Behavioral Health

Chapter 71.05 - Behavioral Health Disorders.

71.05.010 - Legislative intent.

71.05.012 - Legislative intent and finding.

71.05.020 - Definitions.

71.05.025 - Integration with chapter 71.24 RCW—Behavioral health administrative services organizations—Duty to institute procedures for timely consultation with resource management services.

71.05.026 - Behavioral health services contracts—Limitation on state liability.

71.05.027 - Integrated comprehensive screening and assessment process for substance use and mental disorders.

71.05.030 - Commitment laws applicable.

71.05.040 - Detention or judicial commitment of persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia.

71.05.050 - Voluntary application for treatment of a behavioral health disorder—Rights—Review of condition and status—Detention—Person refusing voluntary admission, temporary detention.

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.

71.05.145 - Offenders with behavioral health disorders who are believed to be dangerous—Less restrictive alternative.

71.05.148 - Assisted outpatient treatment—Petitions, court orders for less restrictive alternative treatment—Procedure.

71.05.150 - Petition for initial detention of persons with behavioral health disorders—Evaluation and treatment period—Procedure—Tribal jurisdiction.

71.05.153 - Emergency detention of persons with behavioral health disorders—Procedure.

71.05.154 - Detention of persons with behavioral health disorders—Evaluation—Consultation with emergency room physician.

71.05.156 - Evaluation for imminent likelihood of serious harm or imminent danger—Individual with grave disability.

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.

71.05.182 - Six-month suspension of right to possess firearms after detention for evaluation and treatment of person who presents likelihood of serious harm as a result of behavioral health disorder, substance use disorder, or both—Automatic restorat...

71.05.190 - Persons not admitted—Transportation—Detention of arrested person pending return to custody.

71.05.195 - Not guilty by reason of insanity—Detention of persons who have fled from state of origin—Probable cause hearing.

71.05.201 - Petition for initial detention when designated crisis responder does not detain—Procedure—Court review.

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.

71.05.230 - Commitment beyond initial evaluation and treatment period—Petition for fourteen day involuntary treatment or ninety days of less restrictive alternative treatment—Procedure.

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.

71.05.237 - Judicial proceedings—Court to enter findings when recommendations of professional person not followed.

71.05.240 - Petition for up to 14 days of involuntary treatment or 90 days or 18 months of less restrictive alternative treatment—Probable cause hearing.

71.05.245 - Determination of grave disability, likelihood of serious harm, or need of assisted outpatient treatment—Use of recent history evidence.

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.

71.05.300 - Filing of petition—Appearance—Notice—Advice as to rights—Appointment of attorney, expert, or professional person.

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.

71.05.425 - Persons committed following dismissal of sex, violent, or felony harassment offense—Notification of conditional release, final release, leave, transfer, or escape—To whom given—Definitions.

71.05.435 - Discharge of person from treatment entity—Notice to designated crisis responder office.

71.05.445 - Court-ordered behavioral health treatment of persons subject to department of corrections supervision—Initial assessment inquiry—Required notifications—Rules.

71.05.455 - Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—Model policy.

71.05.457 - Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—General authority law enforcement policy.

71.05.458 - Law enforcement referral—Threatened or attempted suicide—Contact by designated crisis responder.

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.

71.05.570 - Rules of court.

71.05.575 - Less restrictive alternative treatment—Consideration by court.

71.05.585 - Less restrictive alternative treatment.

71.05.590 - Enforcement, modification, or revocation of less restrictive alternative or conditional release orders—Initiation of inpatient detention procedures.

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.

71.05.700 - Home visit by designated crisis responder or crisis intervention worker—Accompaniment by second trained individual.

71.05.705 - Provider of designated crisis responder or crisis outreach services—Policy for home visits.

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.

71.05.760 - Designated crisis responders—Training—Qualifications—Secure withdrawal management and stabilization facility capacity.

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.