2SHB 3076 -
By Committee on Human Services & Corrections
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The Washington institute for public
policy shall, in collaboration with the department of social and health
services and other applicable entities, undertake a search for a
validated mental health assessment tool or combination of tools to be
used by designated mental health professionals when undertaking
assessments of individuals for detention, commitment, and revocation
under the involuntary treatment act pursuant to chapter 71.05 RCW.
(2) This section expires June 30, 2011.
NEW SECTION. Sec. 2 A new section is added to chapter 71.05 RCW
to read as follows:
(1) In determining whether a person is gravely disabled or presents
a likelihood of serious harm, the court or evaluating designated mental
health professional must consider the symptoms and behavior of the
respondent in light of all available evidence or information concerning
the respondent's historical behavior, as disclosed by the clinical
record or credible witnesses with knowledge of the respondent.
(2) Symptoms or behavior which standing alone would not justify
civil commitment may support an inference of grave disability or
likelihood of serious harm when: (a) Such symptoms or behavior are
closely associated with symptoms or behavior which preceded and led to
a past incident of involuntary hospitalization, severe deterioration,
or one or more violent acts; (b) these symptoms or behavior represent
a marked and concerning change in the baseline behavior of the
respondent; and (c) without treatment, the continued deterioration of
the respondent is highly probable.
NEW SECTION. Sec. 3 A new section is added to chapter 71.05 RCW
to read as follows:
(1) Whenever a person who is the subject of an involuntary
commitment order under this chapter is discharged from an evaluation
and treatment facility or state hospital, the evaluation and treatment
facility or state hospital shall provide notice of the person's
discharge to the designated mental health professional office
responsible for the initial commitment and the designated mental health
professional office that serves the county in which the person is
expected to reside. The evaluation and treatment facility or state
hospital must also provide these offices with a copy of any less
restrictive order or conditional release order entered in conjunction
with the discharge of the person, unless the evaluation and treatment
facility or state hospital has entered into a memorandum of
understanding obligating another entity to provide these documents.
(2) The notice and documents referred to in subsection (1) of this
section shall be provided as soon as possible and no later than one
business day following the discharge of the person. Notice is not
required under this section if the discharge is for the purpose of
transferring the person for continued detention and treatment under
this chapter at another treatment facility.
(3) The department shall maintain and make available an updated
list of contact information for designated mental health professional
offices around the state."
2SHB 3076 -
By Committee on Human Services & Corrections
On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "adding new sections to chapter 71.05 RCW; creating a new section; and providing an expiration date."
EFFECT: In determining whether a person is gravely disabled or
presents a likelihood of serious harm, the court or evaluating DMHP
must consider the symptoms and behavior of the person in light of all
available evidence or information concerning the person's historical
behavior, as disclosed by the clinical record or credible witnesses
with knowledge of the person. Symptoms or behavior which may support
an inference of grave disability or likelihood of serious harm must:
(1) Be closely associated with symptoms or behavior which preceded and
led to a past incident of involuntary hospitalization, severe
deterioration, or one or more violent acts; (2) represent a marked and
concerning change in baseline behavior; and (3) show that without
treatment, the continued deterioration of the respondent is highly
probable.
Whenever a person who is involuntarily committed for mental health
treatment is discharged from an evaluation and treatment facility or a
state hospital, the evaluation and treatment facility or state hospital
must provide notice of the discharge, and a copy of any LRO or
conditional release order, to the DMHP's office in the county where the
commitment was initiated, and the DMHP's office in the county where the
individual is expected to reside. The evaluation and treatment
facility or state hospital need not send a copy of the LRO or
conditional release order if it has entered into a memorandum of
understanding obligating another entity to provide these documents.
The notice and documents must be provided within one business day. The
Department of Social and Health Services (DSHS) must maintain and make
available an updated list of contact information for DMHP offices
around the state.