SSB 5214 - H AMD TO APP COMM AMD H2671.1

By Representative Carrell

On page 2, line 3, strike everything through line 16 and insert the following:

AUpon arrest of any person under the age of twenty one years on the charge of a violation of subsection (1) (a) of this section, the arresting law enforcement agency shall immediately refer the arrested person to the county-designated mental health professional under chapters 71.05 or 71.34 RCW and may also refer the arrestee to the designated chemical dependency specialist under chapter 70.96A RCW and shall inform a parent or guardian of the person of the arrest and detention.

Upon arrest of any person at least twelve years of age and under the age of twenty one on the charge of violating subsection (1) (a) of this section, the person in charge of the facility where the arrested person is detained or confined shall hold the person in custody for at least twenty-four hours unless the person is released by a court after a determination regarding probable cause or on probation bond or bail. In no event may the court release a person under the age of eighteen on bond until the person has been examined by the county designated mental health professional.

The county designated mental health professional shall examine any person detained or confined as a result of this subsection, subject to the provisions of chapter 71.05 RCW or RCW 71.34.050. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on bond or bail, the examination may occur wherever the person is found.

The designated chemical dependency specialist, if appropriate, may examine any person detained or confined as a result of this subsection. The examination may take place at the facility where the person is in custody or at any other location which is appropriate.

The county designated mental health professional and chemical dependency specialist shall, to the extent permitted by law, notify the parents or guardian of any person that the examinations have taken place and the results of the examinations. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while in detention."