CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 2131



62nd Legislature
2011 2nd Special Session

Passed by the House December 13, 2011
  Yeas 94   Nays 0


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Speaker of the House of Representatives


Passed by the Senate December 14, 2011
  Yeas 47   Nays 1



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President of the Senate
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2131 as passed by the House of Representatives and the Senate on the dates hereon set forth.



________________________________________    
Chief Clerk
Approved 









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Governor of the State of Washington
FILED







Secretary of State
State of Washington


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SUBSTITUTE HOUSE BILL 2131
_____________________________________________

Passed Legislature - 2011 2nd Special Session
State of Washington62nd Legislature2011 2nd Special Session

By House Ways & Means (originally sponsored by Representatives Dickerson and Hunter; by request of Department of Social and Health Services)

READ FIRST TIME 12/13/11.   



     AN ACT Relating to delaying implementation of provisions regarding evaluations of persons under the involuntary treatment act; amending RCW 71.05.212; amending 2010 c 280 s 5 (uncodified); providing an effective date; providing an expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   2010 c 280 s 5 (uncodified) is amended to read as follows:
     Sections 2 and 3 of this act take effect ((January)) July 1, ((2012)) 2015.

Sec. 2   RCW 71.05.212 and 1999 c 214 s 5 are each amended to read as follows:
     (1) Whenever a ((county)) designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:
     (((1))) (a) Prior recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW;
     (((2))) (b) History of one or more violent acts;
     (((3))) (c) Prior determinations of incompetency or insanity under chapter 10.77 RCW; and
     (((4))) (d) Prior commitments under this chapter.
     ((In addition,)) (2) Credible witnesses may include family members, landlords, neighbors, or others with significant contact and history of involvement with the person. If the designated mental health professional relies upon information from a credible witness in reaching his or her decision to detain the individual, then he or she must provide contact information for any such witness to the prosecutor. The designated mental health professional or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.
     (3) When conducting an evaluation for offenders identified under RCW 72.09.370, the ((county)) designated mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.

NEW SECTION.  Sec. 3   Section 2 of this act expires July 1, 2015.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately, except for section 2 of this act which takes effect January 1, 2012.

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