AN
ACT Relating to technical corrections to chapters 10.77 and 71.05 RCW; amending
RCW 10.77.010, 10.77.240, 10.77.940, 71.05.020, 71.05.245, 71.05.320,
71.05.425, and 71.05.940; reenacting RCW 71.05.640, 71.05.670, 71.05.680, and
71.05.690; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
purpose of this act is to make technical nonsubstantive changes to chapters
10.77 and 71.05 RCW. No provision of this act shall be construed as a
substantive change in the provisions dealing with persons charged with crimes
who are subject to evaluation under chapter 10.77 or 71.05 RCW.
Sec.
2. RCW
10.77.010 and 1998 c 297 s 29 are each amended to read as follows:
As
used in this chapter:
(1)
"County designated mental health professional" has the same meaning
as provided in RCW 71.05.020.
(2)
A "criminally insane" person means any person who has been acquitted
of a crime charged by reason of insanity, and thereupon found to be a
substantial danger to other persons or to present a substantial likelihood of
committing criminal acts jeopardizing public safety or security unless kept
under further control by the court or other persons or institutions.
(3)
"Department" means the state department of social and health
services.
(4)
"Developmental disabilities professional" means a person who has
specialized training and three years of experience in directly treating or
working with persons with developmental disabilities and is a psychiatrist or
psychologist, or a social worker, and such other developmental disabilities professionals
as may be defined by rules adopted by the secretary.
(5)
"Developmental disability" means the condition defined in RCW
71A.10.020(((2))) (3).
(6)
"((Expert or)) Professional person" means:
(a)
A psychiatrist licensed as a physician and surgeon in this state who has, in
addition, completed three years of graduate training in psychiatry in a program
approved by the American medical association or the American osteopathic
association and is certified or eligible to be certified by the American board
of psychiatry and neurology or the American osteopathic board of neurology
and psychiatry;
(b)
A psychologist licensed as a psychologist pursuant to chapter 18.83 RCW; or
(c)
A social worker with a master's or further advanced degree from an accredited
school of social work or a degree deemed equivalent under rules adopted by the
secretary.
(7)
"Furlough" means an authorized leave of absence for a resident of a
state institution operated by the department designated for the custody, care,
and treatment of the criminally insane, consistent with an order of conditional
release from the court under this chapter, without any requirement that the
resident be accompanied by, or be in the custody of, any law enforcement or
institutional staff, while on such unescorted leave.
(8)
"Habilitative services" means those services provided by program
personnel to assist persons in acquiring and maintaining life skills and in
raising their levels of physical, mental, social, and vocational functioning.
Habilitative services include education, training for employment, and therapy.
The habilitative process shall be undertaken with recognition of the risk to
the public safety presented by the individual being assisted as manifested by
prior charged criminal conduct.
(9)
"History of one or more violent acts" means violent acts committed
during: (a) The ten-year period of time prior to the filing of criminal
charges; plus (b) the amount of time equal to time spent during the ten-year
period in a mental health facility or in confinement as a result of a criminal
conviction.
(10)
"Incompetency" means a person lacks the capacity to understand the
nature of the proceedings against him or her or to assist in his or her own
defense as a result of mental disease or defect.
(11)
"Indigent" means any person who is financially unable to obtain
counsel or other necessary expert or professional services without causing
substantial hardship to the person or his or her family.
(12)
"Individualized service plan" means a plan prepared by a
developmental disabilities professional with other professionals as a team, for
an individual with developmental disabilities, which shall state:
(a)
The nature of the person's specific problems, prior charged criminal behavior,
and habilitation needs;
(b)
The conditions and strategies necessary to achieve the purposes of
habilitation;
(c)
The intermediate and long-range goals of the habilitation program, with a
projected timetable for the attainment;
(d)
The rationale for using this plan of habilitation to achieve those intermediate
and long-range goals;
(e)
The staff responsible for carrying out the plan;
(f)
Where relevant in light of past criminal behavior and due consideration for
public safety, the criteria for proposed movement to less-restrictive settings,
criteria for proposed eventual discharge from involuntary confinement, and a
projected possible date for discharge from involuntary confinement; and
(g)
The type of residence immediately anticipated for the person and possible
future types of residences.
(13)
"Secretary" means the secretary of the department of social and
health services or his or her designee.
(14)
"Treatment" means any currently standardized medical or mental health
procedure including medication.
(15)
"Violent act" means behavior that: (a)(i) Resulted in; (ii) if
completed as intended would have resulted in; or (iii) was threatened to be
carried out by a person who had the intent and opportunity to carry out the
threat and would have resulted in, homicide, nonfatal injuries, or substantial
damage to property; or (b) recklessly creates an immediate risk of serious
physical injury to another person.
Sec.
3. RCW
10.77.240 and 1973 1st ex.s. c 117 s 24 are each amended to read as follows:
Nothing
in this chapter shall prohibit a person presently committed from exercising a
right presently available to him or her for obtaining release from
confinement, including the right to petition for a writ of habeas corpus.
Sec.
4. RCW
10.77.940 and 1989 c 420 s 17 are each amended to read as follows:
The
provisions of ((this act)) chapter 420, Laws of 1989 shall apply
equally to persons ((presently)) in the custody of the department on
May 13, 1989, who were found by a court to be not guilty by reason of
insanity or incompetent to stand trial, or who have been found to have
committed acts constituting a felony pursuant to RCW 71.05.280(3) and present a
substantial likelihood of repeating similar acts, and the secretary shall cause
such persons to be evaluated to ascertain if such persons are developmentally
disabled for placement in a program specifically reserved for the treatment and
training of persons with developmental disabilities.
Sec.
5. RCW
71.05.020 and 1998 c 297 s 3 are each amended to read as follows:
For
the purposes of this chapter:
(1)
"Antipsychotic medications" means that class of drugs primarily used
to treat serious manifestations of mental illness associated with thought disorders,
which includes, but is not limited to atypical antipsychotic medications;
(2)
"Attending staff" means any person on the staff of a public or
private agency having responsibility for the care and treatment of a patient;
(3)
"County designated mental health professional" means a mental health
professional appointed by the county to perform the duties specified in this
chapter;
(4)
"Custody" means involuntary detention under the provisions of this
chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional
release from a facility providing involuntary care and treatment;
(5)
"Department" means the department of social and health services;
(6)
"Developmental disabilities professional" means a person who has specialized
training and three years of experience in directly treating or working with
persons with developmental disabilities and is a psychiatrist, psychologist, or
social worker, and such other developmental disabilities professionals as may
be defined by rules adopted by the secretary;
(7)
"Developmental disability" means that condition defined in RCW
71A.10.020(((2))) (3);
(8)
"Evaluation and treatment facility" means any facility which can
provide directly, or by direct arrangement with other public or private
agencies, emergency evaluation and treatment, outpatient care, and timely and
appropriate inpatient care to persons suffering from a mental disorder, and
which is certified as such by the department. A physically separate and
separately operated portion of a state hospital may be designated as an
evaluation and treatment facility. A facility which is part of, or operated
by, the department or any federal agency will not require certification. No
correctional institution or facility, or jail, shall be an evaluation and
treatment facility within the meaning of this chapter;
(9)
"Gravely disabled" means a condition in which a person, as a result
of a mental disorder: (a) Is in danger of serious physical harm resulting from
a failure to provide for his or her essential human needs of health or safety;
or (b) manifests severe deterioration in routine functioning evidenced by
repeated and escalating loss of cognitive or volitional control over his or her
actions and is not receiving such care as is essential for his or her health or
safety;
(10)
"Habilitative services" means those services provided by program
personnel to assist persons in acquiring and maintaining life skills and in
raising their levels of physical, mental, social, and vocational functioning.
Habilitative services include education, training for employment, and therapy.
The habilitative process shall be undertaken with recognition of the risk to
the public safety presented by the individual being assisted as manifested by
prior charged criminal conduct;
(11)
"History of one or more violent acts" refers to the period of time
ten years prior to the filing of a petition under this chapter, excluding any
time spent, but not any violent acts committed, in a mental health facility or in
confinement as a result of a criminal conviction;
(12)
"Individualized service plan" means a plan prepared by a
developmental disabilities professional with other professionals as a team, for
an individual with developmental disabilities, which shall state:
(a)
The nature of the person's specific problems, prior charged criminal behavior,
and habilitation needs;
(b)
The conditions and strategies necessary to achieve the purposes of
habilitation;
(c)
The intermediate and long-range goals of the habilitation program, with a
projected timetable for the attainment;
(d)
The rationale for using this plan of habilitation to achieve those intermediate
and long-range goals;
(e)
The staff responsible for carrying out the plan;
(f)
Where relevant in light of past criminal behavior and due consideration for
public safety, the criteria for proposed movement to less-restrictive settings,
criteria for proposed eventual discharge from involuntary confinement, and a
projected possible date for discharge from involuntary confinement; and
(g)
The type of residence immediately anticipated for the person and possible
future types of residences;
(13)
"Judicial commitment" means a commitment by a court pursuant to the
provisions of this chapter;
(14)
"Likelihood of serious harm" means:
(a)
A substantial risk that: (i) Physical harm will be inflicted by an individual
upon his or her own person, as evidenced by threats or attempts to commit
suicide or inflict physical harm on oneself; (ii) physical harm will be
inflicted by an individual upon another, as evidenced by behavior which has
caused such harm or which places another person or persons in reasonable fear
of sustaining such harm; or (iii) physical harm will be inflicted by an
individual upon the property of others, as evidenced by behavior which has
caused substantial loss or damage to the property of others; or
(b)
The individual has threatened the physical safety of another and has a history
of one or more violent acts;
(15)
"Mental disorder" means any organic, mental, or emotional impairment
which has substantial adverse effects on an individual's cognitive or
volitional functions;
(16)
"Mental health professional" means a psychiatrist, psychologist,
psychiatric nurse, or social worker, and such other mental health professionals
as may be defined by rules adopted by the secretary pursuant to the provisions
of this chapter;
(17)
"Peace officer" means a law enforcement official of a public agency
or governmental unit, and includes persons specifically given peace officer
powers by any state law, local ordinance, or judicial order of appointment;
(18)
"Private agency" means any person, partnership, corporation, or
association that is not ((defined as)) a public agency, whether
or not financed in whole or in part by public funds, which constitutes an
evaluation and treatment facility or private institution, hospital, or
sanitarium, which is conducted for, or includes a department or ward conducted
for, the care and treatment of persons who are mentally ill;
(19)
"Professional person" means a mental health professional and shall
also mean a physician, registered nurse, and such others as may be defined by
rules adopted by the secretary pursuant to the provisions of this chapter;
(20)
"Psychiatrist" means a person having a license as a physician and
surgeon in this state who has in addition completed three years of graduate
training in psychiatry in a program approved by the American medical
association or the American osteopathic association and is certified or
eligible to be certified by the American board of psychiatry and neurology;
(21)
"Psychologist" means a person who has been licensed as a psychologist
pursuant to chapter 18.83 RCW;
(22)
"Public agency" means any evaluation and treatment facility or institution,
hospital, or sanitarium which is conducted for, or includes a department or
ward conducted for, the care and treatment of persons who are mentally ill ((or
deranged)); if the agency is operated directly by, federal, state, county,
or municipal government, or a combination of such governments;
(23)
"Resource management services" has the meaning given in chapter 71.24
RCW;
(24)
"Secretary" means the secretary of the department of social and
health services, or his or her designee;
(25)
"Social worker" means a person with a master's or further advanced
degree from an accredited school of social work or a degree deemed equivalent
under rules adopted by the secretary;
(26)
"Violent act" means behavior that resulted in homicide, attempted
suicide, nonfatal injuries, or substantial damage to property.
Sec.
6. RCW
71.05.245 and 1998 c 297 s 14 are each amended to read as follows:
In
making a determination of whether there is a likelihood of serious harm in a
hearing conducted under RCW 71.05.240 or 71.05.320, the court shall give great
weight to any evidence before the court regarding whether the person
has: (1) A recent history of one or more violent acts; or (2) a recent history
of one or more commitments under this chapter or its equivalent provisions
under the laws of another state which were based on a likelihood of serious
harm. The existence of prior violent acts or commitments under this chapter or
its equivalent shall not be the sole basis for determining whether a person
presents a likelihood of serious harm.
For
the purposes of this section "recent" refers to the period of time
not exceeding three years prior to the current hearing.
Sec.
7. RCW
71.05.320 and 1997 c 112 s 26 are each amended to read as follows:
(1)
If the court or jury finds that grounds set forth in RCW 71.05.280 have been
proven and that the best interests of the person or others will not be served
by a less restrictive treatment which is an alternative to detention, the court
shall remand him or her to the custody of the department or to a facility
certified for ninety day treatment by the department for a further period of
intensive treatment not to exceed ninety days from the date of judgment:
PROVIDED, That if the grounds set forth in RCW 71.05.280(3) are the basis of
commitment, then the period of treatment may be up to but not exceed one
hundred eighty days from the date of judgment in a facility certified for one
hundred eighty day treatment by the department. If the committed person is
developmentally disabled and has been determined incompetent pursuant to RCW
10.77.090(((3))) (4), and the best interests of the person or
others will not be served by a less-restrictive treatment which is an
alternative to detention, the court shall remand him or her to the custody of
the department or to a facility certified for one hundred eighty-day treatment
by the department. When appropriate and subject to available funds, treatment
and training of such persons must be provided in a program specifically
reserved for the treatment and training of developmentally disabled persons. A
person so committed shall receive habilitation services pursuant to an
individualized service plan specifically developed to treat the behavior which
was the subject of the criminal proceedings. The treatment program shall be
administered by developmental disabilities professionals and others trained
specifically in the needs of developmentally disabled persons. The department
may limit admissions to this specialized program in order to ensure that
expenditures for services do not exceed amounts appropriated by the legislature
and allocated by the department for such services. The department may
establish admission priorities in the event that the number of eligible persons
exceeds the limits set by the department. An order for treatment less
restrictive than involuntary detention may include conditions, and if such
conditions are not adhered to, the designated mental health professional or developmental
disabilities professional may order the person apprehended under the terms and
conditions of RCW 71.05.340.
If
the court or jury finds that grounds set forth in RCW 71.05.280 have been
proven, but finds that treatment less restrictive than detention will be in the
best interest of the person or others, then the court shall remand him or her
to the custody of the department or to a facility certified for ninety day
treatment by the department or to a less restrictive alternative for a further period
of less restrictive treatment not to exceed ninety days from the date of
judgment: PROVIDED, That if the grounds set forth in RCW 71.05.280(3) are the
basis of commitment, then the period of treatment may be up to but not exceed
one hundred eighty days from the date of judgment.
(2)
The person shall be released from involuntary treatment at the expiration of
the period of commitment imposed under subsection (1) of this section unless
the superintendent or professional person in charge of the facility in which he
or she is confined, or in the event of a less restrictive alternative, the
designated mental health professional or developmental disabilities
professional, files a new petition for involuntary treatment on the grounds
that the committed person;
(a)
During the current period of court ordered treatment: (i) Has threatened,
attempted, 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; or
(b)
Was taken into custody as a result of conduct in which he or she attempted 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; 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.
If
the conduct required to be proven in (b) and (c) of this subsection was found
by a judge or jury in a prior trial under this chapter, it shall not be
necessary to reprove that element. Such new petition for involuntary treatment
shall be filed and heard in the superior court of the county of the facility
which is filing the new petition for involuntary treatment unless good cause is
shown for a change of venue. The cost of the proceedings shall be borne by the
state.
The
hearing shall be held as provided in RCW 71.05.310, and if the court or jury
finds that the grounds for additional confinement as set forth in this
subsection are present, the court may order the committed person returned for
an additional period of treatment not to exceed one hundred eighty days from
the date of judgment. At the end of the one hundred eighty day period of
commitment, the committed person shall be released unless a petition for
another one hundred eighty day period of continued treatment is filed and heard
in the same manner as provided in this subsection. Successive one hundred
eighty day commitments are permissible on the same grounds and pursuant to the
same procedures as the original one hundred eighty day commitment.
(3)
No person committed as provided in this section may be detained unless a valid
order of commitment is in effect. No order of commitment can exceed one
hundred eighty days in length.
Sec.
8. RCW
71.05.425 and 1994 c 129 s 9 are each amended to read as follows:
(1)(a)
Except as provided in subsection (2) of this section, at the earliest possible
date, and in no event later than thirty days before conditional release, final
discharge, authorized leave under RCW 71.05.325(2), or transfer to a
less-restrictive facility than a state mental hospital, the superintendent
shall send written notice of conditional release, final discharge, authorized
leave, or transfer of a person committed under RCW 71.05.280(3) or
71.05.320(2)(c) following dismissal of a sex, violent, or felony harassment
offense pursuant to RCW 10.77.090(((3))) (4) to the following:
(i)
The chief of police of the city, if any, in which the person will reside; and
(ii)
The sheriff of the county in which the person will reside.
(b)
The same notice as required by (a) of this subsection shall be sent to the
following, if such notice has been requested in writing about a specific person
committed under RCW 71.05.280(3) or 71.05.320(2)(c) following dismissal of a
sex, violent, or felony harassment offense pursuant to RCW 10.77.090(((3)))
(4):
(i)
The victim of the sex, violent, or felony harassment offense that was dismissed
pursuant to RCW 10.77.090(((3))) (4) preceding commitment under
RCW 71.05.280(3) or 71.05.320(2)(c) or the victim's next of kin if the crime
was a homicide;
(ii)
Any witnesses who testified against the person in any court proceedings; and
(iii)
Any person specified in writing by the prosecuting attorney.
Information
regarding victims, next of kin, or witnesses requesting the notice, information
regarding any other person specified in writing by the prosecuting attorney to
receive the notice, and the notice are confidential and shall not be available
to the person committed under this chapter.
(c)
The thirty-day notice requirements contained in this subsection shall not apply
to emergency medical furloughs.
(d)
The existence of the notice requirements in this subsection will not require
any extension of the release date in the event the release plan changes after
notification.
(2)
If a person committed under RCW 71.05.280(3) or 71.05.320(2)(c) following
dismissal of a sex, violent, or felony harassment offense pursuant to RCW
10.77.090(((3))) (4) escapes, the superintendent shall
immediately notify, by the most reasonable and expedient means available, the
chief of police of the city and the sheriff of the county in which the person
resided immediately before the person's arrest. If previously requested, the
superintendent shall also notify the witnesses and the victim of the sex, violent,
or felony harassment offense that was dismissed pursuant to RCW 10.77.090(((3)))
(4) preceding commitment under RCW 71.05.280(3) or 71.05.320(2) or the
victim's next of kin if the crime was a homicide. In addition, the secretary
shall also notify appropriate parties pursuant to RCW 71.05.410. If the person
is recaptured, the superintendent shall send notice to the persons designated
in this subsection as soon as possible but in no event later than two working
days after the department learns of such recapture.
(3)
If the victim, the victim's next of kin, or any witness is under the age of
sixteen, the notice required by this section shall be sent to the parent or
legal guardian of the child.
(4)
The superintendent shall send the notices required by this chapter to the last
address provided to the department by the requesting party. The requesting
party shall furnish the department with a current address.
(5)
For purposes of this section the following terms have the following meanings:
(a)
"Violent offense" means a violent offense under RCW 9.94A.030;
(b)
"Sex offense" means a sex offense under RCW 9.94A.030;
(c)
"Next of kin" means a person's spouse, parents, siblings, and
children;
(d)
"Felony harassment offense" means a crime of harassment as defined in
RCW 9A.46.060 that is a felony.
Sec.
9. RCW
71.05.640 and 1989 c 205 s 14 are each reenacted to read as follows:
(1)
Procedures shall be established by resource management services to provide
reasonable and timely access to individual treatment records. However, access
may not be denied at any time to records of all medications and somatic
treatments received by the individual.
(2)
Following discharge, the individual shall have a right to a complete record of
all medications and somatic treatments prescribed during admission or
commitment and to a copy of the discharge summary prepared at the time of his
or her discharge. A reasonable and uniform charge for reproduction may be
assessed.
(3)
Treatment records may be modified prior to inspection to protect the
confidentiality of other patients or the names of any other persons referred to
in the record who gave information on the condition that his or her identity
remain confidential. Entire documents may not be withheld to protect such
confidentiality.
(4)
At the time of discharge all individuals shall be informed by resource
management services of their rights as provided in RCW 71.05.610 through
71.05.690.
Sec.
10. RCW
71.05.670 and 1990 c 3 s 115 are each reenacted to read as follows:
Except
as provided in RCW 4.24.550, any person, including the state or any political
subdivision of the state, violating RCW 71.05.610 through 71.05.690 shall be
subject to the provisions of RCW 71.05.440.
Sec.
11. RCW
71.05.680 and 1989 c 205 s 18 are each reenacted to read as follows:
Any
person who requests or obtains confidential information pursuant to RCW
71.05.610 through 71.05.690 under false pretenses shall be guilty of a gross
misdemeanor.
Sec.
12. RCW
71.05.690 and 1989 c 205 s 19 are each reenacted to read as follows:
The
department shall adopt rules to implement RCW 71.05.610 through 71.05.680.
Sec.
13. RCW
71.05.940 and 1989 c 420 s 18 are each amended to read as follows:
The provisions of ((this act)) chapter 420, Laws of 1989
shall apply equally to persons ((presently)) in the custody of the
department on May 13, 1989, who were found by a court to be not guilty
by reason of insanity or incompetent to stand trial, or who have been found to
have committed acts constituting a felony pursuant to RCW 71.05.280(3) and
present a substantial likelihood of repeating similar acts, and the secretary
shall cause such persons to be evaluated to ascertain if such persons are
developmentally disabled for placement in a program specifically reserved for
the treatment and training of persons with developmental disabilities.
