CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5073
Chapter 264, Laws of 2021
67th Legislature
2021 Regular Session
INVOLUNTARY COMMITMENT—VARIOUS PROVISIONS
EFFECTIVE DATE: July 25, 2021—Except for sections 2, 4, 7, 9, 11,
15, 32, and 34, which take effect July 1, 2026; sections 21 and 26,
which take effect July 1, 2022; sections 22, 23, 27, and 28, which
are contingent; and sections 25 and 31, which take effect May 12,
2021.
Passed by the Senate April 14, 2021 CERTIFICATE
Yeas 46 Nays 2
I, Brad Hendrickson, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SUBSTITUTE SENATE
BILL 5073 as passed by the Senate
and the House of Representatives on
the dates hereon set forth.
Passed by the House April 7, 2021
Yeas 87 Nays 10
BRAD HENDRICKSON
LAURIE JINKINS Secretary
Speaker of the House of
Representatives
Approved May 12, 2021 2:45 PM FILED
May 12, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SUBSTITUTE SENATE BILL 5073
AS AMENDED BY THE HOUSE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By Senate Behavioral Health Subcommittee to Health & Long Term Care
(originally sponsored by Senators Dhingra, Das, Kuderer, Salomon,
Warnick, and Wilson, C.)
READ FIRST TIME 01/25/21.
1 AN ACT Relating to improving involuntary commitment laws;
2 amending RCW 71.05.203, 71.05.210, 71.05.210, 71.05.240, 71.05.240,
3 71.05.320, 71.05.320, 71.05.340, 71.05.585, 71.05.590, 71.05.590,
4 71.34.755, 70.02.230, 70.02.240, 71.05.425, 71.34.705, 71.34.710,
5 71.34.710, 71.34.720, and 71.34.720; amending 2020 c 302 ss 110 and
6 111 (uncodified); reenacting and amending RCW 71.05.150, 71.05.150,
7 71.05.153, 71.05.153, 71.05.020, 71.05.020, 71.05.020, 71.05.020,
8 71.34.020, 71.34.020, 71.34.020, and 71.34.020; creating a new
9 section; providing effective dates; providing contingent effective
10 dates; providing expiration dates; and declaring an emergency.
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
12 Sec. 1. RCW 71.05.150 and 2020 c 302 s 13, 2020 c 256 s 302, and
13 2020 c 5 s 2 are each reenacted and amended to read as follows:
14 (1) When a designated crisis responder receives information
15 alleging that a person, as a result of a behavioral health disorder,
16 presents a likelihood of serious harm or is gravely disabled, or that
17 a person is in need of assisted outpatient behavioral health
18 treatment; the designated crisis responder may, after investigation
19 and evaluation of the specific facts alleged and of the reliability
20 and credibility of any person providing information to initiate
21 detention or involuntary outpatient treatment, if satisfied that the
p. 1 SSB 5073.SL
 1 allegations are true and that the person will not voluntarily seek
2 appropriate treatment, file a petition for initial detention under
3 this section or a petition for involuntary outpatient behavioral
4 health treatment under RCW 71.05.148. Before filing the petition, the
5 designated crisis responder must personally interview the person,
6 unless the person refuses an interview, and determine whether the
7 person will voluntarily receive appropriate evaluation and treatment
8 at an evaluation and treatment facility, crisis stabilization unit,
9 triage facility, secure withdrawal management and stabilization
10 facility, or approved substance use disorder treatment program. As
11 part of the assessment, the designated crisis responder must attempt
12 to ascertain if the person has executed a mental health advance
13 directive under chapter 71.32 RCW. The interview performed by the
14 designated crisis responder may be conducted by video provided that a
15 licensed health care professional or professional person who can
16 adequately and accurately assist with obtaining any necessary
17 information is present with the person at the time of the interview.
18 (2)(a) A ((written order of apprehension)) superior court judge
19 may issue a warrant to detain a person with a behavioral health
20 disorder to a designated evaluation and treatment facility, a secure
21 withdrawal management and stabilization facility, or an approved
22 substance use disorder treatment program, for a period of not more
23 than one hundred twenty hours for evaluation and treatment((, may be
24 issued by a judge of the superior court)) upon request of a
25 designated crisis responder, subject to (d) of this subsection,
26 whenever it appears to the satisfaction of ((a)) the judge ((of the
27 superior court)) that:
28 (i) ((That there)) There is probable cause to support the
29 petition; and
30 (ii) ((That the)) The person has refused or failed to accept
31 appropriate evaluation and treatment voluntarily.
32 (b) The petition for initial detention, signed under penalty of
33 perjury, or sworn telephonic testimony may be considered by the court
34 in determining whether there are sufficient grounds for issuing the
35 order.
36 (c) The order shall designate retained counsel or, if counsel is
37 appointed from a list provided by the court, the name, business
38 address, and telephone number of the attorney appointed to represent
39 the person.
p. 2 SSB 5073.SL
 1 (d) A court may not issue an order to detain a person to a secure
2 withdrawal management and stabilization facility or approved
3 substance use disorder treatment program unless there is an available
4 secure withdrawal management and stabilization facility or approved
5 substance use disorder treatment program that has adequate space for
6 the person.
7 (e) If the court does not issue an order to detain a person
8 pursuant to this subsection (2), the court shall issue an order to
9 dismiss the initial petition.
10 (3) The designated crisis responder shall then serve or cause to
11 be served on such person, his or her guardian, and conservator, if
12 any, a copy of the order together with a notice of rights, and a
13 petition for initial detention. After service on such person the
14 designated crisis responder shall file the return of service in court
15 and provide copies of all papers in the court file to the evaluation
16 and treatment facility, secure withdrawal management and
17 stabilization facility, or approved substance use disorder treatment
18 program, and the designated attorney. The designated crisis responder
19 shall notify the court and the prosecuting attorney that a probable
20 cause hearing will be held within one hundred twenty hours of the
21 date and time of outpatient evaluation or admission to the evaluation
22 and treatment facility, secure withdrawal management and
23 stabilization facility, or approved substance use disorder treatment
24 program. The person shall be permitted to be accompanied by one or
25 more of his or her relatives, friends, an attorney, a personal
26 physician, or other professional or religious advisor to the place of
27 evaluation. An attorney accompanying the person to the place of
28 evaluation shall be permitted to be present during the admission
29 evaluation. Any other individual accompanying the person may be
30 present during the admission evaluation. The facility may exclude the
31 individual if his or her presence would present a safety risk, delay
32 the proceedings, or otherwise interfere with the evaluation.
33 (4) The designated crisis responder may notify a peace officer to
34 take such person or cause such person to be taken into custody and
35 placed in an evaluation and treatment facility, secure withdrawal
36 management and stabilization facility, or approved substance use
37 disorder treatment program. At the time such person is taken into
38 custody there shall commence to be served on such person, his or her
39 guardian, and conservator, if any, a copy of the original order
p. 3 SSB 5073.SL
 1 together with a notice of rights and a petition for initial
2 detention.
3 (5) ((An Indian tribe shall have jurisdiction exclusive to the
4 state as to any involuntary commitment of an American Indian or
5 Alaska Native to an evaluation and treatment facility located within
6 the boundaries of that tribe, unless the tribe has consented to the
7 state's concurrent jurisdiction, or the tribe has expressly declined
8 to exercise its exclusive jurisdiction.
9 (6))) Tribal court orders for involuntary commitment shall be
10 recognized and enforced in accordance with superior court civil rule
11 82.5.
12 (((7))) (6) In any investigation and evaluation of an individual
13 under RCW 71.05.150 or 71.05.153 in which the designated crisis
14 responder knows, or has reason to know, that the individual is an
15 American Indian or Alaska Native who receives medical or behavioral
16 health services from a tribe within this state, the designated crisis
17 responder shall notify the tribe ((or)) and Indian health care
18 provider regarding whether or not a petition for initial detention or
19 involuntary outpatient treatment will be filed. Notification shall be
20 made in person or by telephonic or electronic communication to the
21 tribal contact listed in the authority's tribal crisis coordination
22 plan as soon as possible but no later than three hours subject to the
23 requirements in RCW 70.02.230 (2)(((dd))) (ee) and (3). A designated
24 crisis responder may restrict the release of information as necessary
25 to comply with 42 C.F.R. Part 2.
26 Sec. 2. RCW 71.05.150 and 2020 c 302 s 14, 2020 c 256 s 303, and
27 2020 c 5 s 3 are each reenacted and amended to read as follows:
28 (1) When a designated crisis responder receives information
29 alleging that a person, as a result of a behavioral health disorder,
30 presents a likelihood of serious harm or is gravely disabled, or that
31 a person is in need of assisted outpatient behavioral health
32 treatment; the designated crisis responder may, after investigation
33 and evaluation of the specific facts alleged and of the reliability
34 and credibility of any person providing information to initiate
35 detention or involuntary outpatient treatment, if satisfied that the
36 allegations are true and that the person will not voluntarily seek
37 appropriate treatment, file a petition for initial detention under
38 this section or a petition for involuntary outpatient behavioral
39 health treatment under RCW 71.05.148. Before filing the petition, the
p. 4 SSB 5073.SL
 1 designated crisis responder must personally interview the person,
2 unless the person refuses an interview, and determine whether the
3 person will voluntarily receive appropriate evaluation and treatment
4 at an evaluation and treatment facility, crisis stabilization unit,
5 triage facility, secure withdrawal management and stabilization
6 facility, or approved substance use disorder treatment program. As
7 part of the assessment, the designated crisis responder must attempt
8 to ascertain if the person has executed a mental health advance
9 directive under chapter 71.32 RCW. The interview performed by the
10 designated crisis responder may be conducted by video provided that a
11 licensed health care professional or professional person who can
12 adequately and accurately assist with obtaining any necessary
13 information is present with the person at the time of the interview.
14 (2)(a) A ((written order of apprehension)) superior court judge
15 may issue a warrant to detain a person with a behavioral health
16 disorder to a designated evaluation and treatment facility, a secure
17 withdrawal management and stabilization facility, or an approved
18 substance use disorder treatment program, for a period of not more
19 than one hundred twenty hours for evaluation and treatment((, may be
20 issued by a judge of the superior court)) upon request of a
21 designated crisis responder whenever it appears to the satisfaction
22 of ((a)) the judge ((of the superior court)) that:
23 (i) ((That there)) There is probable cause to support the
24 petition; and
25 (ii) ((That the)) The person has refused or failed to accept
26 appropriate 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) If the court does not issue an order to detain a person
36 pursuant to this subsection (2), the court shall issue an order to
37 dismiss the initial petition.
38 (3) The designated crisis responder shall then serve or cause to
39 be served on such person, his or her guardian, and conservator, if
40 any, a copy of the order together with a notice of rights, and a
p. 5 SSB 5073.SL
 1 petition for initial detention. After service on such person the
2 designated crisis responder shall file the return of service in court
3 and provide copies of all papers in the court file to the evaluation
4 and treatment facility, secure withdrawal management and
5 stabilization facility, or approved substance use disorder treatment
6 program, and the designated attorney. The designated crisis responder
7 shall notify the court and the prosecuting attorney that a probable
8 cause hearing will be held within one hundred twenty hours of the
9 date and time of outpatient evaluation or admission to the evaluation
10 and treatment facility, secure withdrawal management and
11 stabilization facility, or approved substance use disorder treatment
12 program. The person shall be permitted to be accompanied by one or
13 more of his or her relatives, friends, an attorney, a personal
14 physician, or other professional or religious advisor to the place of
15 evaluation. An attorney accompanying the person to the place of
16 evaluation shall be permitted to be present during the admission
17 evaluation. Any other individual accompanying the person may be
18 present during the admission evaluation. The facility may exclude the
19 individual if his or her presence would present a safety risk, delay
20 the proceedings, or otherwise interfere with the evaluation.
21 (4) The designated crisis responder may notify a peace officer to
22 take such person or cause such person to be taken into custody and
23 placed in an evaluation and treatment facility, secure withdrawal
24 management and stabilization facility, or approved substance use
25 disorder treatment program. At the time such person is taken into
26 custody there shall commence to be served on such person, his or her
27 guardian, and conservator, if any, a copy of the original order
28 together with a notice of rights and a petition for initial
29 detention.
30 (5) ((An Indian tribe shall have jurisdiction exclusive to the
31 state as to any involuntary commitment of an American Indian or
32 Alaska Native to an evaluation and treatment facility located within
33 the boundaries of that tribe, unless the tribe has consented to the
34 state's concurrent jurisdiction, or the tribe has expressly declined
35 to exercise its exclusive jurisdiction.
36 (6))) Tribal court orders for involuntary commitment shall be
37 recognized and enforced in accordance with superior court civil rule
38 82.5.
39 (((7))) (6) In any investigation and evaluation of an individual
40 under RCW 71.05.150 or 71.05.153 in which the designated crisis
p. 6 SSB 5073.SL
 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 ((or)) and Indian health care
5 provider 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)(((dd))) (ee) and (3). A designated
11 crisis responder may restrict the release of information as necessary
12 to comply with 42 C.F.R. Part 2.
13 Sec. 3. RCW 71.05.153 and 2020 c 302