BILL REQ. #:  H-3689.1 

Read first time 01/12/10.   Referred to Committee on Human Services.

     AN ACT Relating to restricting outings from state facilities; amending RCW 10.77.010; and adding a new section to chapter 10.77 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 10.77 RCW to read as follows:
     (1) For any person committed to the custody of the department for the determination of competency to stand trial under RCW 10.77.060, the restoration of competency for trial under RCW 10.77.084, 10.77.086, or 10.77.088, or following an acquittal by reason of insanity, no outing from the facility where the person is confined shall be authorized except for:
     (a) Necessary medical or legal proceedings not available in the facility where the person is confined;
     (b) Visits to the bedside of a member of the person's immediate family who is seriously ill; or
     (c) Attendance at the funeral of a member of the person's immediate family.
     (2) No outing under subsection (1) of this section shall be authorized unless the person who is the subject of the authorization is escorted by a person approved by the secretary. During the outing, the secretary must be in visual or auditory contact at all times with the person authorized to go on the outing.
     (3) Prior to the authorization of any outing under subsection (1) of this section, the secretary must give notification to any county or city law enforcement agency having jurisdiction in the location of the outing destination.
     (4) At no time and under no circumstance shall a person authorized to go on an outing under this section go beyond the boundaries of the state of Washington.

Sec. 2   RCW 10.77.010 and 2005 c 504 s 106 are each amended to read as follows:
     As used in this chapter:
     (1) "Admission" means acceptance based on medical necessity, of a person as a patient.
     (2) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less-restrictive setting.
     (3) "Conditional release" means modification of a court-ordered commitment, which may be revoked upon violation of any of its terms.
     (4) 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.
     (5) "Department" means the state department of social and health services.
     (6) "Designated mental health professional" has the same meaning as provided in RCW 71.05.020.
     (7) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter, pending evaluation.
     (8) "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.
     (9) "Developmental disability" means the condition as defined in RCW 71A.10.020(3).
     (10) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order.
     (11) "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.
     (12) "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 person being assisted as manifested by prior charged criminal conduct.
     (13) "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.
     (14) "Immediate family member" means a spouse, child, stepchild, parent, stepparent, grandparent, sibling, or domestic partner.
     (15) "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.
     (((15))) (16) "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.
     (((16))) (17) "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 release, and a projected possible date for release; and
     (g) The type of residence immediately anticipated for the person and possible future types of residences.
     (((17))) (18) "Outing" means an authorized leave of absence for a resident of a state institution operated by the department for a person committed pursuant to RCW 10.77.060, 10.77.084, 10.77.086, or 10.77.088, or pursuant to an acquittal by reason of insanity, during which the resident must be escorted by a person approved by the secretary.
     (19) "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.
     (((18))) (20) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness.
     (((19))) (21) "Release" means legal termination of the court-ordered commitment under the provisions of this chapter.
     (((20))) (22) "Secretary" means the secretary of the department of social and health services or his or her designee.
     (((21))) (23) "Treatment" means any currently standardized medical or mental health procedure including medication.
     (((22))) (24) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.
     (((23))) (25) "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. As used in this subsection, "nonfatal injuries" means physical pain or injury, illness, or an impairment of physical condition. "Nonfatal injuries" shall be construed to be consistent with the definition of "bodily injury," as defined in RCW 9A.04.110.