The bill amends various sections of Washington state law concerning involuntary treatment, particularly focusing on assisted outpatient treatment and the petition process for individuals with behavioral health disorders. Key changes include the requirement for courts to consult the judicial information system to evaluate a respondent's criminal history and prior civil commitments before granting relief under chapter 71.05 RCW. The standard for determining a person's need for assisted outpatient treatment is modified from "clear, cogent, and convincing" evidence to a "preponderance of the evidence." The bill also specifies that the prosecuting attorney will represent petitioners for commitment or detention, while the attorney general will provide legal services to state hospitals. Additionally, it outlines the process for filing petitions for less restrictive alternative treatment, emphasizing the need for detailed information about the individual's condition and treatment history, and mandates timely notification to tribal authorities when the individual is known to be an American Indian or Alaska Native.
Further amendments enhance the roles of designated crisis responders and peace officers in the detention process, clarifying the responsibilities of law enforcement in assisting with apprehension and transportation of individuals. The bill introduces new provisions for the release and conditional release of individuals committed for involuntary treatment, requiring advance notification to the prosecuting attorney and establishing timelines for court hearings. It also addresses the disclosure of mental health information, allowing for specific information to be shared with law enforcement and legal representatives while maintaining patient confidentiality. Overall, the amendments aim to streamline the involuntary treatment process, enhance public safety, and ensure that individuals' rights and needs are adequately addressed throughout the treatment and legal proceedings.
Statutes affected: Original bill: 2.28.210, 71.05.130, 71.05.148, 71.05.150, 71.05.153, 71.05.201, 71.05.203, 71.05.245, 71.05.260, 71.05.325, 71.05.425, 71.05.335, 71.05.340, 71.05.590, 9A.46.060, 71.05.585, 71.05.620, 71.34.020, 71.34.700, 71.34.710, 71.34.740, 71.34.755, 71.34.780, 71.34.815, 70.02.230, 70.02.170