S-3702.2 _______________________________________________
SENATE BILL 6554
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State of Washington 56th Legislature 2000 Regular Session
By Senators Long, Hargrove, Costa and Winsley
Read first time 01/19/2000. Referred to Committee on Human Services & Corrections.
AN ACT Relating to less restrictive alternative mental health commitments; amending RCW 71.05.285; 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:
The legislature intends that courts consider certain factors when determining whether to continue a less restrictive alternative mental health commitment. The intent of the legislature in this act is to clarify the holding in In re Detention of R.W., No. 23062-3-II (December 3, 1999) that courts are to consider the prior history or pattern of decompensation of the committed person when deciding whether or not to continue the commitment.
Sec. 2. RCW 71.05.285 and 1997 c 112 s 23 are each amended to read as follows:
((For the purposes of)) In determining whether
continued less restrictive alternative commitment under the process provided in
RCW 71.05.280 and 71.05.320(2) is appropriate, ((in determining
whether or not the person is gravely disabled,)) great weight shall be
given to evidence of a prior history or pattern of decompensation and
discontinuation of treatment resulting in: (1) Repeated hospitalizations; or
(2) repeated peace officer interventions resulting in juvenile offenses,
criminal charges, diversion programs, or jail admissions. Such evidence may be
used to provide a factual basis for concluding that the individual would not
receive, if released, such care as is essential for his or her health or
safety.
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