| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Human Services Committee | |
ESB 6018
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Changing provisions concerning detention of persons with a mental disorder or chemical dependency.
Sponsors: Senator Brandland.
Brief Summary of Engrossed Bill |
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Hearing Date: 3/26/07
Staff: Sonja Hallum (786-7092).
Background:
In 2005, the Legislature passed E2SSB 5763, the Omnibus Treatment of Mental and Substance
Abuse Disorders Act of 2005. One aspect of this legislation was the creation of a pilot program
to provide integrated crisis support networks and involuntary treatment pilot programs that
allocated resources for both integrated services and secure detoxification services in the pilot
areas.
Under the pilot program, a designated crisis responder may file a petition for initial detention
when a person presents a likelihood of serious harm or is gravely disabled as a result of a mental
disorder, a chemical dependency disorder, or both, and the person refused to voluntarily receive
an evaluation and treatment.
If a judge finds the individual meets the criteria set out in the petition, the judge may order the
person to appear at a designated facility within 24 hours after service of the order. The person
may then be held for an evaluation for up to 72 hours.
If the person fails to appear at the facility, the person may be involuntarily taken into custody by
law enforcement and held in an evaluation and treatment facility for up to 72 hours for
evaluation and treatment.
Summary of Bill:
The process for initiating an involuntary treatment commitment based on mental health or
chemical dependency is changed in the pilot program to replace the summons procedure with a
procedure requiring the individual to be detained under court order.
The court may enter an order to detain a person in an evaluation and treatment facility, a
detoxification facility, or with a certified chemical dependency provider for up to 72 hours
whenever it is determined by the judge that there is probable cause to support the petition filed
by the designated crisis responder and that the person has failed to accept appropriate evaluation
and treatment voluntarily.
A police officer may take a person into custody and deliver them to an evaluation and treatment
facility, a detoxification facility, or with a certified chemical dependency provider when an order
to detain has been issued by the court or when the officer has reasonable cause to believe the
person presents an imminent likelihood of serious harm or is in imminent danger because of
being gravely disabled.
Once the officer brings the person to the facility, they may be held for up to 12 hours and must
be examined by the designated crisis responder within three hours of arrival. If the evaluation
determines the person should be detained, a petition for detention must be filed.
The sections in the bill expire on July 1, 2008.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill contains an emergency clause and takes effect immediately.