SB 6308 -
By Representative Kirby
WITHDRAWN 03/05/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 71.09.080 and 2009 c 409 s 7 are each amended to read
as follows:
(1) Any person subjected to restricted liberty as a sexually
violent predator pursuant to this chapter shall not forfeit any legal
right or suffer any legal disability as a consequence of any actions
taken or orders made, other than as specifically provided in this
chapter, or as otherwise authorized by law.
(2) Any person committed pursuant to this chapter has the right to
adequate care and individualized treatment. Any person committed
pursuant to this chapter who is not participating in treatment or who
is participating in an initial or introductory phase of treatment,
including orientation, evaluation, or treatment readiness, is
prohibited from possessing or accessing a personal computer. A person
who is prohibited from possessing or accessing a personal computer
under this subsection shall be permitted to access a limited
functioning device only capable of word processing and limited data
storage.
(3) The department of social and health services shall keep records
detailing all medical, expert, and professional care and treatment
received by a committed person, and shall keep copies of all reports of
periodic examinations made pursuant to this chapter. All such records
and reports shall be made available upon request only to: The
committed person, his or her attorney, the prosecuting attorney, the
court, the protection and advocacy agency, or another expert or
professional person who, upon proper showing, demonstrates a need for
access to such records.
(((3))) (4) At the time a person is taken into custody or
transferred into a facility pursuant to a petition under this chapter,
the professional person in charge of such facility or his or her
designee shall take reasonable precautions to inventory and safeguard
the personal property of the persons detained or transferred. A copy
of the inventory, signed by the staff member making it, shall be given
to the person detained and shall, in addition, be open to inspection to
any responsible relative, subject to limitations, if any, specifically
imposed by the detained person. For purposes of this subsection,
"responsible relative" includes the guardian, conservator, attorney,
spouse, parent, adult child, or adult brother or sister of the person.
The facility shall not disclose the contents of the inventory to any
other person without consent of the patient or order of the court.
(((4))) (5) Nothing in this chapter prohibits a person presently
committed from exercising a right presently available to him or her for
the purpose of obtaining release from confinement, including the right
to petition for a writ of habeas corpus.
(((5))) (6) No indigent person may be conditionally released or
unconditionally discharged under this chapter without suitable
clothing, and the secretary shall furnish the person with such sum of
money as is required by RCW 72.02.100 for persons without ample funds
who are released from correctional institutions. As funds are
available, the secretary may provide payment to the indigent persons
conditionally released pursuant to this chapter consistent with the
optional provisions of RCW 72.02.100 and 72.02.110, and may adopt rules
to do so.
(((6))) (7) If a civil commitment petition is dismissed, or a trier
of fact determines that a person does not meet civil commitment
criteria, the person shall be released within twenty-four hours of
service of the release order on the superintendent of the special
commitment center, or later by agreement of the person who is the
subject of the petition."
Correct the title.