Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Judiciary Committee |
HB 1069
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Title: An act relating to procedures for enforcing outpatient civil commitment orders.
Brief Description: Concerning procedures for enforcing outpatient civil commitment orders.
Sponsors: Representatives Jinkins, Appleton, Kirby, Fey and Cody.
Brief Summary of Bill |
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Hearing Date: 1/12/17
Staff: Edie Adams (786-7180).
Background:
Under the Involuntary Treatment Act (ITA) a person may be committed by a court for involuntary mental health treatment if he or she, due to a mental disorder, poses a likelihood of serious harm, is gravely disabled, or is in need of assisted outpatient treatment.
When entering an order for involuntary mental health treatment on the basis that the person poses a likelihood of serious harm or is gravely disabled, the court must order an appropriate less restrictive course of treatment, rather than inpatient treatment, if the court finds that treatment in a less restrictive alternative (LRA) than detention is in the best interest of the person or others. If a person is found to be in need of assisted outpatient treatment, and does not pose a likelihood of serious harm and is not gravely disabled, the person may be ordered only to LRA treatment, and may not be ordered to inpatient treatment. The Department of Social and Health Services (Department) contracts with regional support networks to administer community-based mental health services to persons on LRA orders.
Legislation enacted in 2015 (Engrossed Second Substitute House Bill 1450) provided increased statutory direction regarding treatment services that must be provided under an LRA order and amended the process for issuance and modification or revocation of LRA orders. Facilities and agencies overseeing treatment are authorized to take responsive actions to enforce compliance with an LRA or conditional release order, including requesting a court hearing, with the assistance of the county prosecutor, for review and modification of the order. Designated mental health professionals and the Department may institute proceedings for modification or revocation of an LRA order and may detain the person pending a hearing. An LRA order may be modified or revoked if the person fails to adhere to the terms and conditions of his or her release, is substantially deteriorating or decompensating, or poses a likelihood of serious harm
A petition for modification or revocation of an LRA order or conditional release must be filed with the court that originally ordered commitment, and venue for the proceeding is in the court where the petition is filed. Prior to enactment of the 2015 legislation, a petition for modification or revocation of an LRA order could be filed with the court that originally ordered commitment or with the court in the county in which the person is detained.
Summary of Bill:
A petition for modification or revocation of an LRA order, and order of apprehension and detention, if applicable, must be filed either with the court that originally ordered commitment or the court in the county in which the person is located.
A provision allowing facilities and agencies overseeing treatment to request a court hearing for review and modification of an order is eliminated, and requirements governing modification or revocation petitions are aligned and reorganized into one provision governing these enforcement proceedings.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed, except for sections 2 and 3, which because of prior delayed effective dates, take effect April 1, 2018, and July 1, 2026, respectively.