H-2804.1
HOUSE BILL 2469
State of Washington 68th Legislature 2024 Regular Session
By Representatives Davis, Griffey, Ryu, Bronoske, Santos, Chopp, and
Barkis
Read first time 01/23/24. Referred to Committee on Civil Rights &
Judiciary.
1 AN ACT Relating to involuntary treatment; amending RCW 2.28.210,
2 71.05.150, 71.05.150, 71.05.240, 71.05.240, 71.05.245, 71.05.201,
3 71.05.203, 71.34.710, and 71.34.710; adding a new section to chapter
4 71.05 RCW; creating new sections; providing an effective date; and
5 providing an expiration date.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 Sec. 1. RCW 2.28.210 and 2021 c 215 s 88 are each amended to
8 read as follows:
9 (1) Before granting an order under any of the following titles of
10 the laws of the state of Washington, the court may consult the
11 judicial information system or any related databases, if available,
12 to determine criminal history or the pendency of other proceedings
13 involving the parties:
14 (a) Granting any temporary or final order establishing a
15 parenting plan or residential schedule or directing residential
16 placement of a child or restraining or limiting a party's contact
17 with a child under Title 26 RCW;
18 (b) Granting any order regarding a vulnerable child or adult or
19 alleged incapacitated person irrespective of the title or where
20 contained in the laws of the state of Washington;
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 1 (c) Granting letters of guardianship or administration or letters
2 testamentary under Title 11 RCW;
3 (d) ((Granting any relief under Title 71 RCW;
4 (e))) Granting any relief in a juvenile proceeding under Title 13
5 RCW; or
6 (((f))) (e) Granting any order of protection, temporary order of
7 protection, or criminal no-contact order under chapter 7.105, 9A.46,
8 10.99, or 26.52 RCW.
9 (2) Before granting any relief under chapter 71.05 RCW, the court
10 shall consult the judicial information system or any related
11 databases, if available, to determine the party's criminal history,
12 prior civil commitments under chapter 71.05 RCW, or pendency of other
13 proceedings involving the party.
14 (3) In the event that the court consults such a database, the
15 court shall disclose that fact to the parties and shall disclose any
16 particular matters relied upon by the court in rendering the
17 decision. Upon request of a party, a copy of the document relied upon
18 must be filed, as a confidential document, within the court file,
19 with any confidential contact information such as addresses, phone
20 numbers, or other information that might disclose the location or
21 whereabouts of any person redacted from the document or documents.
22 Sec. 2. RCW 71.05.150 and 2023 c 433 s 6 are each amended to
23 read as follows:
24 (1) When a designated crisis responder receives information
25 alleging that a person, as a result of a behavioral health disorder,
26 presents a likelihood of serious harm or is gravely disabled, the
27 designated crisis responder may, after investigation and evaluation
28 of the specific facts alleged and of the reliability and credibility
29 of any person providing information to initiate detention, if
30 satisfied that the allegations are true and that the person will not
31 voluntarily seek appropriate treatment, file a petition for initial
32 detention under this section. Before filing the petition, the
33 designated crisis responder must personally interview the person,
34 unless the person refuses an interview, and determine whether the
35 person will voluntarily receive appropriate evaluation and treatment
36 at an evaluation and treatment facility, crisis stabilization unit,
37 23-hour crisis relief center, secure withdrawal management and
38 stabilization facility, or approved substance use disorder treatment
39 program. If the person has a past history of not following through
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 1 with voluntary evaluation and treatment plans or prematurely
2 discontinuing voluntary treatment, there is a presumption that the
3 patient will not in good faith voluntarily seek appropriate
4 treatment. If a designated crisis responder makes a determination not
5 to detain a person on the basis that the person will voluntarily seek
6 appropriate treatment, the designated crisis responder must document
7 the reasons the designated crisis responder determined that the
8 person in good faith will voluntarily seek appropriate evaluation and
9 treatment. As part of the assessment, the designated crisis responder
10 must attempt to ascertain if the person has executed a mental health
11 advance directive under chapter 71.32 RCW. The interview performed by
12 the designated crisis responder may be conducted by video provided
13 that a licensed health care professional or professional person who
14 can adequately and accurately assist with obtaining any necessary
15 information is present with the person at the time of the interview.
16 (2)(a) A superior court judge may issue a warrant to detain a
17 person with a behavioral health disorder to a designated evaluation
18 and treatment facility, a secure withdrawal management and
19 stabilization facility, or an approved substance use disorder
20 treatment program, for a period of not more than ((one hundred
21 twenty)) 120 hours for evaluation and treatment upon request of a
22 designated crisis responder, subject to (d) of this subsection,
23 whenever it appears to the satisfaction of the judge that:
24 (i) There is probable cause to support the petition; and
25 (ii) The person has refused or failed to accept appropriate
26 evaluation and treatment voluntarily.
27 (b) The petition for initial detention, signed under penalty of
28 perjury, or sworn telephonic testimony may be considered by the court
29 in determining whether there are sufficient grounds for issuing the
30 order.
31 (c) The order shall designate retained counsel or, if counsel is
32 appointed from a list provided by the court, the name, business
33 address, and telephone number of the attorney appointed to represent
34 the person.
35 (d) A court may not issue an order to detain a person to a secure
36 withdrawal management and stabilization facility or approved
37 substance use disorder treatment program unless there is an available
38 secure withdrawal management and stabilization facility or approved
39 substance use disorder treatment program that has adequate space for
40 the person.
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 1 (e) If the court does not issue an order to detain a person
2 pursuant to this subsection (2), the court shall issue an order to
3 dismiss the initial petition.
4 (3) The designated crisis responder shall then serve or cause to
5 be served on such person and his or her guardian, if any, a copy of
6 the order together with a notice of rights, and a petition for
7 initial detention. After service on such person the designated crisis
8 responder shall file the return of service in court and provide
9 copies of all papers in the court file to the evaluation and
10 treatment facility, secure withdrawal management and stabilization
11 facility, or approved substance use disorder treatment program, and
12 the designated attorney. The designated crisis responder shall notify
13 the court and the prosecuting attorney that a probable cause hearing
14 will be held within ((one hundred twenty)) 120 hours of the date and
15 time of outpatient evaluation or admission to the evaluation and
16 treatment facility, secure withdrawal management and stabilization
17 facility, or approved substance use disorder treatment program. The
18 person shall be permitted to be accompanied by one or more of his or
19 her relatives, friends, an attorney, a personal physician, or other
20 professional or religious advisor to the place of evaluation. An
21 attorney accompanying the person to the place of evaluation shall be
22 permitted to be present during the admission evaluation. Any other
23 individual accompanying the person may be present during the
24 admission evaluation. The facility may exclude the individual if his
25 or her presence would present a safety risk, delay the proceedings,
26 or otherwise interfere with the evaluation.
27 (4) The designated crisis responder may notify a peace officer to
28 take such person or cause such person to be taken into custody and
29 placed in an evaluation and treatment facility, secure withdrawal
30 management and stabilization facility, or approved substance use
31 disorder treatment program. At the time such person is taken into
32 custody there shall commence to be served on such person, his or her
33 guardian, and conservator, if any, a copy of the original order
34 together with a notice of rights and a petition for initial
35 detention.
36 (5) Tribal court orders for involuntary commitment shall be
37 recognized and enforced in accordance with superior court civil rule
38 82.5.
39 (6) In any investigation and evaluation of an individual under
40 this section or RCW 71.05.153 in which the designated crisis
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 1 responder knows, or has reason to know, that the individual is an
2 American Indian or Alaska Native who receives medical or behavioral
3 health services from a tribe within this state, the designated crisis
4 responder shall notify the tribe and Indian health care provider
5 regarding whether or not a petition for initial detention or
6 involuntary outpatient treatment will be filed. Notification shall be
7 made in person or by telephonic or electronic communication to the
8 tribal contact listed in the authority's tribal crisis coordination
9 plan as soon as possible but no later than three hours subject to the
10 requirements in RCW 70.02.230 (2)(ee) and (3). A designated crisis
11 responder may restrict the release of information as necessary to
12 comply with 42 C.F.R. Part 2.
13 Sec. 3. RCW 71.05.150 and 2023 c 433 s 7 are each amended to
14 read as follows:
15 (1) When a designated crisis responder receives information
16 alleging that a person, as a result of a behavioral health disorder,
17 presents a likelihood of serious harm or is gravely disabled, the
18 designated crisis responder may, after investigation and evaluation
19 of the specific facts alleged and of the reliability and credibility
20 of any person providing information to initiate detention, if
21 satisfied that the allegations are true and that the person will not
22 voluntarily seek appropriate treatment, file a petition for initial
23 detention under this section. Before filing the petition, the
24 designated crisis responder must personally interview the person,
25 unless the person refuses an interview, and determine whether the
26 person will voluntarily receive appropriate evaluation and treatment
27 at an evaluation and treatment facility, crisis stabilization unit,
28 23-hour crisis relief center, secure withdrawal management and
29 stabilization facility, or approved substance use disorder treatment
30 program. If the person has a past history of not following through
31 with voluntary evaluation and treatment plans or prematurely
32 discontinuing voluntary treatment, there is a presumption that the
33 patient will not in good faith voluntarily seek appropriate
34 treatment. If a designated crisis responder makes a determination not
35 to detain a person on the basis that the person will voluntarily seek
36 appropriate treatment, the designated crisis responder must document
37 the reasons the designated crisis responder determined that the
38 person in good faith will voluntarily seek appropriate evaluation and
39 treatment. As part of the assessment, the designated crisis responder
p. 5 HB 2469
 1 must attempt to ascertain if the person has executed a mental health
2 advance directive under chapter 71.32 RCW. The interview performed by
3 the designated crisis responder may be conducted by video provided
4 that a licensed health care professional or professional person who
5 can adequately and accurately assist with obtaining any necessary
6 information is present with the person at the time of the interview.
7 (2)(a) A superior court judge may issue a warrant to detain a
8 person with a behavioral health disorder to a designated evaluation
9 and treatment facility, a secure withdrawal management and
10 stabilization facility, or an approved substance use disorder
11 treatment program, for a period of not more than ((one hundred
12 twenty)) 120 hours for evaluation and treatment upon request of a
13 designated crisis responder whenever it appears to the satisfaction
14 of the judge that:
15 (i) There is probable cause to support the petition; and
16 (ii) The person has refused or failed to accept appropriate
17 evaluation and treatment voluntarily.
18 (b) The petition for initial detention, signed under penalty of
19 perjury, or sworn telephonic testimony may be considered by the court
20 in determining whether there are sufficient grounds for issuing the
21 order.
22 (c) The order shall designate retained counsel or, if counsel is
23 appointed from a list provided by the court, the name, business
24 address, and telephone number of the attorney appointed to represent
25 the person.
26 (d) If the court does not issue an order to detain a person
27 pursuant to this subsection (2), the court shall issue an order to
28 dismiss the initial petition.
29 (3) The designated crisis responder shall then serve or cause to
30 be served on such person and his or her guardian, if any, a copy of
31 the order together with a notice of rights, and a petition for
32 initial detention. After service on such person the designated crisis
33 responder shall file the return of service in court and provide
34 copies of all papers in the court file to the evaluation and
35 treatment facility, secure withdrawal management and stabilization
36 facility, or approved substance use disorder treatment program, and
37 the designated attorney. The designated crisis responder shall notify
38 the court and the prosecuting attorney that a probable cause hearing
39 will be held within ((one hundred twenty)) 120 hours of the date and
40 time of outpatient evaluation or admission to the evaluation and
p. 6 HB 2469
 1 treatment facility, secure withdrawal management and stabilization
2 facility, or approved substance use disorder treatment program. The
3 person shall be permitted to be accompanied by one or more of his or
4 her relatives, friends, an attorney, a personal physician, or other
5 professional or religious advisor to the place of evaluation. An
6 attorney accompanying the person to the place of evaluation shall be
7 permitted to be present during the admission evaluation. Any other
8 individual accompanying the person may be present during the
9 admission evaluation. The facility may exclude the individual if his
10 or her presence would present a safety risk, delay the proceedings,
11 or otherwise interfere with the evaluation.
12 (4) The designated crisis responder may notify a peace officer to
13 take such person or cause such person to be taken into custody and
14 placed in an evaluation and treatment facility, secure withdrawal
15 management and stabilization facility, or approved substance use
16 disorder treatment program. At the time such person is taken into
17 custody there shall commence to be served on such person, his or her
18 guardian, and conservator, if any, a copy of the original order
19 together with a notice of rights and a petition for initial
20 detention.
21 (5) Tribal court orders for involuntary commitment shall be
22 recognized and enforced in accordance with superior court civil rule
23 82.5.
24 (6) In any investigation and evaluation of an individual under
25 this section or RCW 71.05.153 in which the designated crisis
26 responder knows, or has reason to know, that the individual is an
27 American Indian or Alaska Native who receives medical or behavioral
28 health services from a tribe within this state, the designated crisis
29 responder shall notify the tribe and Indian health care provider
30 regarding whether or not a petition for initial detention or
31 involuntary outpatient treatment will be filed. Notification shall be
32 made in person or by telephonic or electronic communication to the
33 tribal contact listed in the authority's tribal crisis coordination
34 plan as soon as possible but no later than three hours subject to the
35 requirements in RCW 70.02.230 (2)(ee) and (3). A designated crisis
36 responder may restrict the release of information as necessary to
37 comply with 42 C.F.R. Part 2.
38 Sec. 4. RCW 71.05.240 and 2022 c 210 s 12 are each amended to
39 read as follows:
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 1 (1) If a petition is filed for up to 14 days of involuntary
2 treatment, 90 days of less restrictive alternative treatment, or 18
3 months of less restrictive alternative treatment under RCW 71.05.148,
4 the court shall hold a probable cause hearing within 120 hours of the
5 initial detention under RCW 71.05.180, or at a time scheduled under
6 RCW 71.05.148.