SENATE BILL REPORT

SB 5350

BYSenators 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)

                  February 24, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 23, 1989

BACKGROUND:

At the present time, mental health civil commitment hearings are handled by superior court judges and court commissioners as authorized by the Constitution.  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.

SUMMARY:

Superior courts are authorized to appoint mental health commissioners, investigators, and staff to assist the court in handling mental health cases.  Duties of the mental health commissioner are specified.  Commissioner positions in counties of the third through ninth class must be approved by the county commissioners.

EFFECT OF PROPOSED SUBSTITUTE:

Technical clarifications are made.  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.  A severability clause is added.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

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