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HOUSE BILL 2672
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AS AMENDED BY THE SENATE
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002
Regular Session
By
Read first time 01/23/2002. Referred to
Committee on Judiciary.
Limiting the liability
of providers of treatment to high risk offenders.
AN ACT Relating to
limiting the liability of providers of treatment to high risk offenders; and
adding a new section to chapter 71.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 71.24 RCW to read as follows:
(1) A licensed service
provider or regional support network, acting in the course of the provider's or
network's duties under this chapter, is not liable for civil damages resulting
from the injury or death of another caused by a dangerous mentally ill offender
who is a client of the provider or network, unless the act or omission of the
provider or network constitutes:
(a) Gross negligence;
(b) Willful or wanton
misconduct; or
(c) A breach of the
duty to warn of and protect from a client's threatened violent behavior if the
client has communicated a serious threat of physical violence against a
reasonably ascertainable victim or victims.
(2) In addition to any
other requirements to report violations, the licensed service provider and
regional support network shall report an offender's expressions of intent to
harm or other predatory behavior, regardless of whether there is an
ascertainable victim, in progress reports and other established processes that
enable courts and supervising entities to assess and address the progress and
appropriateness of treatment.
(3) A licensed service
provider's or regional support network's mere act of treating a dangerous
mentally ill offender is not negligence. Nothing in this subsection alters the
licensed service provider's or regional support network's normal duty of care
with regard to the client.
(4) The limited
liability provided by this section applies only to the conduct of licensed
service providers and regional support networks and does not apply to conduct
of the state.
(5) For
purposes of this section, "dangerous mentally ill offender" means a
person who has been identified under RCW 72.09.370 as an offender who: (a) Is
reasonably believed to be dangerous to himself or herself or others; and (b)
has a mental disorder.
