S-4394.1 _______________________________________________
SENATE BILL 6539
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State of Washington 54th Legislature 1996 Regular Session
By Senator Prentice
Read first time 01/17/96. Referred to Committee on Human Services & Corrections.
AN ACT Relating to appeal of orders releasing persons committed for mental health treatment; and adding a new section to chapter 71.05 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 71.05 RCW to read as follows:
(1) The petitioner from a commitment hearing may appeal a superior court or mental health commissioner's order releasing a person from commitment under this chapter on the grounds that the committed person:
(a) During the period of court-ordered treatment:
(i) Threatened, attempted to inflict, or inflicted physical harm upon the person of another or substantial damage upon the property of another; and
(ii) As a result of mental disorder or developmental disability, presents a likelihood of serious harm to others; or
(b) Was taken into custody as a result of conduct in which he or she attempted to inflict or inflicted serious physical harm upon the person of another and continues to present, as a result of mental disorder or developmental disability, a likelihood of serious harm to others; or
(c) Is in custody pursuant to RCW 71.05.280(3) and, as a result of mental disorder or developmental disability, presents a substantial likelihood of repeating similar acts considering the charged criminal behavior, life history, progress in treatment, and the public safety; or
(d) Continues to be gravely disabled.
(2) The burden shall be on the petitioner to show by clear, cogent, and convincing evidence that at least one of the elements of subsection (1) of this section is satisfied.
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