Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
            ENGROSSED SECOND SUBSTITUTE SENATE BILL 5071
                       Chapter 263, Laws of 2021
                               67th Legislature
                             2021 Regular Session
CIVIL COMMITMENT—TRANSITION TEAMS—LESS RESTRICTIVE ALTERNATIVE
                           TREATMENT
 EFFECTIVE DATE: July 25, 2021—Except for section 3, which takes
effect July 1, 2026; section 12, which takes effect July 1, 2022;
          and sections 13 and 14, which are contingent.
Passed by the Senate April 14, 2021                 CERTIFICATE
  Yeas 48 Nays 0
                                       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 ENGROSSED SECOND
                                       SUBSTITUTE SENATE BILL 5071     as
                                       passed by the Senate and the House
                                       of Representatives on the dates
Passed by the House April 11, 2021     hereon set forth.
  Yeas 70 Nays 28
                                                BRAD HENDRICKSON
            LAURIE JINKINS
                                                                   Secretary
Speaker of the House of
Representatives
Approved May 12, 2021 2:44 PM                          FILED
                                                    May 12, 2021
                                               Secretary of State
              JAY INSLEE                       State of Washington
Governor of the State of Washington
                 ENGROSSED SECOND SUBSTITUTE SENATE BILL 5071
                            AS AMENDED BY THE HOUSE
                   Passed Legislature - 2021 Regular Session
     State of Washington         67th Legislature     2021 Regular Session
     By Senate Ways & Means (originally sponsored by Senators Dhingra,
     Darneille, Das, Hunt, Kuderer, Nguyen, and Wilson, C.)
     READ FIRST TIME 02/22/21.
      AN ACT Relating to creating transition teams to assist specified
  persons under civil commitment; amending RCW 10.77.150, 71.05.320,
  71.05.320, 10.77.060, 70.02.230, 70.02.240, 71.24.035, 10.77.010,
  10.77.195, 71.05.740, 71.24.035, and 71.24.045; amending 2020 c 302 s
  110 (uncodified); reenacting and amending RCW 71.05.020, 71.05.020,
  71.05.020, and 71.05.020; adding a new section to chapter 10.77 RCW;
  adding a new section to chapter 71.24 RCW; creating new sections;
  providing effective dates; providing a contingent effective date; and
  providing expiration dates.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 10.77.150 and 2010 c 263 s 5 are each amended to
 read as follows:
     (1) Persons examined pursuant to RCW 10.77.140 may make
 application to the secretary for conditional release. The secretary
 shall, after considering the reports of experts or professional
 persons conducting the examination pursuant to RCW 10.77.140, forward
 to the court of the county which ordered the person's commitment the
 person's application for conditional release as well as the
 secretary's recommendations concerning the application and any
 proposed terms and conditions upon which the secretary reasonably
 believes the person can be conditionally released. Conditional
                                       p. 1                    E2SSB 5071.SL
 release may also contemplate partial release for work, training, or
 educational purposes.
     (2) In instances in which persons examined pursuant to RCW
 10.77.140 have not made application to the secretary for conditional
 release, but the secretary, after considering the reports of experts
 or professional persons conducting the examination pursuant to RCW
 10.77.140, reasonably believes the person may be conditionally
 released, the secretary may submit a recommendation for release to
 the court of the county that ordered the person's commitment. The
 secretary's recommendation must include any proposed terms and
 conditions upon which the secretary reasonably believes the person
 may be conditionally released. Conditional release may also include
 partial release for work, training, or educational purposes. Notice
 of the secretary's recommendation under this subsection must be
 provided to the person for whom the secretary has made the
 recommendation for release and to his or her attorney.
     (3)(a) The court of the county which ordered the person's
 commitment, upon receipt of an application or recommendation for
 conditional   release   with  the   secretary's   recommendation  for
 conditional release terms and conditions, shall within thirty days
 schedule a hearing. The court may schedule a hearing on applications
 recommended for disapproval by the secretary.
     (b) The prosecuting attorney shall represent the state at such
 hearings and shall have the right to have the ((patient)) person
 examined by an expert or professional person of the prosecuting
 attorney's choice. If the committed person is indigent, and he or she
 so requests, the court shall appoint a qualified expert or
 professional person to examine the person on his or her behalf.
     (c) The issue to be determined at such a hearing is whether or
 not the person may be released conditionally to less restrictive
 alternative treatment under the supervision of a multidisciplinary
 transition team under conditions imposed by the court, including
 access to services under section 4 of this act without substantial
 danger to other persons, or substantial likelihood of committing
 criminal acts jeopardizing public safety or security.
     (d) ((The court, after the hearing, shall rule on the secretary's
 recommendations, and if it disapproves of conditional release, may do
 so)) In cases that come before the court under subsection (1) or (2)
 of this section, the court may deny conditional release to a less
 restrictive alternative only on the basis of substantial evidence.
                                     p. 2                    E2SSB 5071.SL
 The court may modify the suggested terms and conditions on which the
 person is to be conditionally released. Pursuant to the determination
 of the court after hearing, the committed person shall thereupon be
 released on such conditions as the court determines to be necessary,
 or shall be remitted to the custody of the secretary.
     (4) If the order of conditional release ((includes a)) provides
 for the conditional release of the person to a less restrictive
 alternative, including residential treatment or treatment in the
 community, the conditional release order must also include:
     (a) A requirement for the committed person to ((report to a)) be
 supervised by a multidisciplinary transition team, including a
 specially trained community corrections officer, ((the order shall
 also specify that the conditionally released person shall be under
 the supervision of the secretary of corrections or such person as the
 secretary of corrections may designate and shall follow explicitly
 the instructions of the secretary of corrections including)) a
 representative of the department of social and health services, and a
 representative of the community behavioral health agency providing
 treatment to the person under section 4 of this act.
     (i) The court may omit appointment of the representative of the
 community behavioral health agency if the conditional release order
 does not require participation in behavioral health treatment;
     (ii) The court may omit the appointment of a community
 corrections officer if it makes a special finding that the
 appointment of a community corrections officer would not facilitate
 the success of the person, or the safety of the person and the
 community;
     (b) A requirement for the person to comply with conditions of
 supervision established by the court which shall include at a minimum
 reporting as directed to a ((community corrections officer))
 designated member of the transition team, remaining within prescribed
 geographical boundaries, and notifying the ((community corrections
 officer)) transition team prior to making any change in the
 ((offender's)) person's address or employment. If the ((order of
 conditional release includes a requirement for the committed person
 to report to a community corrections officer, the community
 corrections officer shall notify the secretary or the secretary's
 designee, if the)) person is not in compliance with the court-ordered
 conditions of release((.)), the community corrections officer or
                                     p. 3                    E2SSB 5071.SL
 another designated transition team member shall notify the secretary
 or the secretary's designee; and
     (((4))) (c) If the court ((determines that receiving regular or
 periodic medication or other medical treatment shall be a condition
 of the committed person's release, then the court shall require him
 or her to report to a physician or other medical or mental health
 practitioner for the medication or treatment. In addition to
 submitting any report required by RCW 10.77.160, the physician or
 other medical or mental health practitioner shall immediately upon
 the released person's failure to appear for the)) requires
 participation in behavioral health treatment, the name of the
 licensed or certified behavioral health agency responsible for
 identifying the services the person will receive under section 4 of
 this act, and a requirement that the person cooperate with the
 services planned by the licensed or certified behavioral health
 agency. The licensed or certified behavioral health agency must
 comply with the reporting requirements of RCW 10.77.160, and must
 immediately report to the court, prosecutor, and defense counsel any
 substantial withdrawal or disengagement from medication or treatment,
 or ((upon a)) any change in the person's mental health condition that
 renders ((the patient)) him or her a potential risk to the public
 ((report to the court, to the prosecuting attorney of the county in
 which the released person was committed, to the secretary, and to the
 supervising community corrections officer)).
     (5) The role of the transition team appointed under subsection
 (4) of this section shall be to facilitate the success of the person
 on the conditional release order by monitoring the person's progress
 in treatment, compliance with court-ordered conditions, and to
 problem solve around extra support the person may need or
 circumstances that may arise that threaten the safety of the person
 or the community. The transition team may develop a monitoring plan
 that may be carried out by any member of the team. The transition
 team shall meet according to a schedule developed by the team, and
 shall communicate as needed if issues arise that require the
 immediate attention of the team.
     (6) The department of corrections shall collaborate with the
 department to develop specialized training for community corrections
 officers under this section. The lack of a trained community
 corrections officer must not be the cause of delay to entry of a
                                     p. 4                    E2SSB 5071.SL
 conditional release order. Another community corrections officer may
 be appointed if no specially trained officer is available.
     (7) Any person, whose application for conditional release has
 been denied, may reapply after a period of six months from the date
 of denial, or sooner with the support of the department.
     (8) A person examined under RCW 10.77.140 or the department may
 make a motion for limited conditional release under this section, on
 the grounds that there is insufficient evidence that the person may
 be released conditionally to less restrictive alternative treatment
 under subsection (3)(c) of this section, but the person would benefit
 from the opportunity to exercise increased privileges while remaining
 under the custody and supervision of the department and with the
 supervision of the department these increased privileges can be
 exercised without substantial danger to other persons or substantial
 likelihood of committing criminal acts jeopardizing public safety or
 security. The department may respond to a person's application for
 conditional release by instead supporting limited conditional
 release.
     Sec. 2.   RCW 71.05.320 and 2020 c 302 s 45 are each amended to
 read as follows:
     (1)(a) Subject to (b) of this subsection, if the court or jury
 finds that grounds set forth in RCW 71.05.280 have been proven and
 that the best interests of the person or others will not be served by
 a less restrictive treatment which is an alternative to detention,
 the court shall remand him or her to the custody of the department of
 social and health services or to a facility certified for ninety day
 treatment by the department for a further period of intensive
 treatment not to exceed ninety days from the date of judgment.
     (b) If the order for inpatient treatment is based on a substance
 use disorder, treatment must take place at an approved substance use
 disorder treatment program. The court may only enter an order for
 commitment based on a substance use disorder if there is an available
 approved substance use disorder treatment program with adequate space
 for the person.
     (c) If the grounds set forth in RCW 71.05.280(3) are the basis of
 commitment, then the period of treatment may be up to but not exceed
 one hundred eighty days from the date of judgment to the custody of
 the department of social and health services or to a facility
                                     p. 5                    E2SSB 5071.SL
 certified for one hundred eighty-day treatment by the department or
 under RCW 71.05.745.
     (2) If the court or jury finds that grounds set forth in RCW
 71.05.280 have been proven, but finds that treatment less restrictive
 than detention will be in the best interest of the person or others,
 then the court shall remand him or her to the custody of the
 department of social and health services or to a facility certified
 for ninety day treatment by the department or to a less restrictive
 alternative for a further period of less restrictive treatment not to
 exceed ninety days from the date of judgment. If the grounds set
 forth in RCW 71.05.280(3) are the basis of commitment, then the
 period of treatment may be up to but not exceed one hundred eighty
 days from the date of judgment. If the court has made an affirmative
 special finding under RCW 71.05.280(3)(b), the court shall appoint a
 multidisciplinary transition team as provided in subsection (6)(a)(i)
 of this section. If the court or jury finds that the grounds set
 forth in RCW 71.05.280(5) have been proven, and provide the only
 basis for commitment, the court must enter an order for less
 restrictive alternative treatment for up to ninety days from the date
 of judgment and may not order inpatient treatment.
     (3) An order for less restrictive alternative treatment entered
 under subsection (2) of this section must name the behavioral health
 service provider responsible for identifying the services the person
 will receive in accordance with RCW 71.05.585, and must include a
 requirement that the person cooperate with the services planned by
 the behavioral health service provider.
     (4) The person shall be released from involuntary treatment at
 the expiration of the period of commitment imposed under subsection
 (1) or (2) of this section unless the superintendent or professional
 person in charge of the facility in which he or she is confined, or
 in the event of a less restrictive alternative, the designated crisis
 responder, files a new petition for involuntary treatment on the
 grounds that the committed person:
     (a) During the current period of court ordered treatment: (i) Has
 threatened, attempted, or inflicted physical harm upon the person of
 another, or substantial damage upon the property of another, and (ii)
 as a result of a behavioral health disorder or developmental
 disability presents a likelihood of serious harm; or
     (b) Was taken into custody as a result of conduct in which he or
 she attempted or inflicted serious physical harm upon the person of
                                     p. 6                    E2SSB 5071.SL
 another, and continues to present, as a result of a behavioral health
 disorder or developmental disability, a likelihood of serious harm;
 or
     (c)(i) Is in custody pursuant to RCW 71.05.280(3) and as a result
 of a behavioral health disorder or developmental disability continues
 to present a substantial likelihood of repeating acts similar to the
 charged criminal behavior, when considering the person's life
 history, progress in treatment, and the public safety.
     (ii) In cases under this subsection where the court has made an
 affirmative special finding under RCW 71.05.280(3)(b), the commitment
 shall continue for up to an additional one hundred eighty-day period
 whenever the petition presents prima facie evidence that the person
 continues   to  suffer   from   a   behavioral  health  disorder   or
 developmental disability