SENATE BILL REPORT

SSB 5350

BYSenate Committee on Law & Justice (originally sponsored by Senators Newhouse, Talmadge and Madsen; by request of Administrator for the Courts)

Providing for appointment of mental health commissioners.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 1, 1989; February 14, 1989; February 23, 1989

Majority Report:  That Substitute Senate Bill No. 5350 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  April 17, 1989

House Committe on Judiciary

AS PASSED SENATE, MARCH 8, 1989

BACKGROUND:

At the present time, mental health civil commitment hearings are handled by superior court judges or commissioners.  Over the past five years, there has been a 40 percent increase in the number of mental health proceedings.  The Superior Court Judges' Association believes that mental health commissioners are needed as a result of the increased workload in mental health cases.

The Legislature can create a commissioner's office which is different from the office provided in the Washington State Constitution, Article IV, Section 23.  The office is different from the commissioner's office authorized by the Constitution, if the duties and powers are limited.

SUMMARY:

Superior courts are authorized to appoint mental health commissioners, investigators, and staff to assist the court in handling mental health cases.  Duties and powers of the mental health commissioner are specified.  County commissioners are required to approve the creation of the mental health commissioner positions.  The mental health commissioners may also perform the duties of a family law commissioner.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Mary McQueen, OAC (pro); Janet McLane, OAC (pro); Kurt Sharar, Association of Counties (pro)

HOUSE AMENDMENT:

The term "county commissioner" is replaced with "county legislative authority."

The mental health commissioner must be an attorney.

The position may be full-time or part-time and the commissioner may be appointed to perform the duties of another limited court commissioner position (such as a family court commissioner position).  The provisions specifically referring to the other commissioner positions are eliminated.