SSB 5531 -
By Committee on Ways & Means
ADOPTED AND ENGROSSED 4/9/11
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature recognizes that counties
that host evaluation and treatment beds incur costs by providing
judicial services associated with civil commitments under chapters
71.05 and 71.34 RCW. Because evaluation and treatment beds are not
evenly distributed across the state, these commitments frequently occur
in a different county from the county in which the person was
originally detained. The intent of this act is to create a process for
the state to reimburse counties through the regional support networks
for the counties' reasonable direct costs incurred in providing these
judicial services, and to prevent the burden of these costs from
falling disproportionately on the counties or regional support networks
in which the commitments are most likely to occur. The legislature
recognizes that the costs of judicial services may vary across the
state based on different factors and conditions.
NEW SECTION. Sec. 2 A new section is added to chapter 71.05 RCW
to read as follows:
(1) A county may apply to its regional support network on a
quarterly basis for reimbursement of its direct costs in providing
judicial services for civil commitment cases under this chapter and
chapter 71.34 RCW. The regional support network shall in turn be
entitled to reimbursement from the regional support network which
serves the county of residence of the individual who is the subject of
the civil commitment case. Reimbursements under this section shall be
paid out of the regional support network's nonmedicaid appropriation.
(2) Reimbursement for judicial services shall be provided per civil
commitment case at a rate to be determined based on an independent
assessment of the county's actual direct costs. This assessment must
be based on an average of the expenditures for judicial services within
the county over the past three years. In the event that a baseline
cannot be established because there is no significant history of
similar cases within the county, the reimbursement rate shall be equal
to eighty percent of the median reimbursement rate of counties included
in the independent assessment.
(3) For the purposes of this section:
(a) "Civil commitment case" includes all judicial hearings related
to a single episode of hospitalization, or less restrictive alternative
detention in lieu of hospitalization, except that the filing of a
petition for a one hundred eighty-day commitment under this chapter or
a petition for a successive one hundred eighty-day commitment under
chapter 71.34 RCW shall be considered to be a new case regardless of
whether there has been a break in detention. "Civil commitment case"
does not include the filing of a petition for a one hundred eighty-day
commitment under this chapter on behalf of a patient at a state
psychiatric hospital.
(b) "Judicial services" means a county's reasonable direct costs in
providing prosecutor services, assigned counsel and defense services,
court services, and court clerk services for civil commitment cases
under this chapter and chapter 71.34 RCW.
(4) To the extent that resources have shared purpose, the regional
support network may only reimburse counties to the extent such
resources are necessary for and devoted to judicial services as
described in this section.
(5) No filing fee may be charged or collected for any civil
commitment case subject to reimbursement under this section.
NEW SECTION. Sec. 3 A new section is added to chapter 71.05 RCW
to read as follows:
(1) The joint legislative audit and review committee shall conduct
an independent assessment of the direct costs of providing judicial
services under this chapter and chapter 71.34 RCW as defined in section
2 of this act. This assessment shall be conducted for any county in
which more than twenty civil commitment cases were conducted during the
year prior to the study. This assessment must be completed by June 1,
2012.
(2) The administrative office of the courts and the department
shall provide the joint legislative audit and review committee with
assistance and data required to complete the assessment.
(3) The joint legislative audit and review committee shall present
recommendations as to methods for updating the costs identified in the
assessment to reflect changes over time.
NEW SECTION. Sec. 4 A new section is added to chapter 71.34 RCW
to read as follows:
A county may apply to its regional support network for
reimbursement of its direct costs in providing judicial services for
civil commitment cases under this chapter, as provided in section 2 of
this act.
Sec. 5 RCW 71.05.110 and 1997 c 112 s 7 are each amended to read
as follows:
Attorneys appointed for persons pursuant to this chapter shall be
compensated for their services as follows: (1) The person for whom an
attorney is appointed shall, if he or she is financially able pursuant
to standards as to financial capability and indigency set by the
superior court of the county in which the proceeding is held, bear the
costs of such legal services; (2) if such person is indigent pursuant
to such standards, the ((costs of such services shall be borne by))
regional support network shall reimburse the county in which the
proceeding is held((, subject however to the responsibility for costs
provided in RCW 71.05.320(2))) for the direct costs of such legal
services, as provided in section 2 of this act.
Sec. 6 RCW 71.24.160 and 2001 c 323 s 15 are each amended to read
as follows:
The regional support networks shall make satisfactory showing to
the secretary that state funds shall in no case be used to replace
local funds from any source being used to finance mental health
services prior to January 1, 1990. Maintenance of effort funds devoted
to judicial services related to involuntary commitment reimbursed under
section 2 of this act must be expended for other purposes that further
treatment for mental health and chemical dependency disorders.
Sec. 7 RCW 71.34.300 and 1985 c 354 s 14 are each amended to read
as follows:
(1) The county or combination of counties is responsible for
development and coordination of the evaluation and treatment program
for minors, for incorporating the program into the county mental health
plan, and for coordination of evaluation and treatment services and
resources with the community mental health program required under
chapter 71.24 RCW.
(2) The county shall be responsible for maintaining its support of
involuntary treatment services for minors at its 1984 level, adjusted
for inflation, with the department responsible for additional costs to
the county resulting from this chapter. Maintenance of effort funds
devoted to judicial services related to involuntary commitment
reimbursed under section 2 of this act must be expended for other
purposes that further treatment for mental health and chemical
dependency disorders.
Sec. 8 RCW 71.34.330 and 1985 c 354 s 23 are each amended to read
as follows:
Attorneys appointed for minors under this chapter shall be
compensated for their services as follows:
(1) Responsible others shall bear the costs of such legal services
if financially able according to standards set by the court of the
county in which the proceeding is held.
(2) If all responsible others are indigent as determined by these
standards, the ((costs of these legal services shall be borne by))
regional support network shall reimburse the county in which the
proceeding is held for the direct costs of such legal services, as
provided in section 2 of this act.
Sec. 9 RCW 71.05.230 and 2009 c 217 s 2 and 2009 c 293 s 3 are
each reenacted and amended to read as follows:
A person detained for seventy-two hour evaluation and treatment may
be detained for not more than fourteen additional days of involuntary
intensive treatment or ninety additional days of a less restrictive
alternative to involuntary intensive treatment. ((There shall be no
fee for filing petitions for fourteen days of involuntary intensive
treatment.)) A petition may only be filed if the following conditions
are met:
(1) The professional staff of the agency or facility providing
evaluation services has analyzed the person's condition and finds that
the condition is caused by mental disorder and either results in a
likelihood of serious harm, or results in the detained person being
gravely disabled and are prepared to testify those conditions are met;
and
(2) The person has been advised of the need for voluntary treatment
and the professional staff of the facility has evidence that he or she
has not in good faith volunteered; and
(3) The facility providing intensive treatment is certified to
provide such treatment by the department; and
(4) The professional staff of the agency or facility or the
designated mental health professional has filed a petition for fourteen
day involuntary detention or a ninety day less restrictive alternative
with the court. The petition must be signed either by:
(a) Two physicians;
(b) One physician and a mental health professional;
(c) Two psychiatric advanced registered nurse practitioners;
(d) One psychiatric advanced registered nurse practitioner and a
mental health professional; or
(e) A physician and a psychiatric advanced registered nurse
practitioner. The persons signing the petition must have examined the
person. If involuntary detention is sought the petition shall state
facts that support the finding that such person, as a result of mental
disorder, presents a likelihood of serious harm, or is gravely disabled
and that there are no less restrictive alternatives to detention in the
best interest of such person or others. The petition shall state
specifically that less restrictive alternative treatment was considered
and specify why treatment less restrictive than detention is not
appropriate. If an involuntary less restrictive alternative is sought,
the petition shall state facts that support the finding that such
person, as a result of mental disorder, presents a likelihood of
serious harm, or is gravely disabled and shall set forth the less
restrictive alternative proposed by the facility; and
(5) A copy of the petition has been served on the detained person,
his or her attorney and his or her guardian or conservator, if any,
prior to the probable cause hearing; and
(6) The court at the time the petition was filed and before the
probable cause hearing has appointed counsel to represent such person
if no other counsel has appeared; and
(7) The petition reflects that the person was informed of the loss
of firearm rights if involuntarily committed; and
(8) At the conclusion of the initial commitment period, the
professional staff of the agency or facility or the designated mental
health professional may petition for an additional period of either
ninety days of less restrictive alternative treatment or ninety days of
involuntary intensive treatment as provided in RCW 71.05.290; and
(9) If the hospital or facility designated to provide outpatient
treatment is other than the facility providing involuntary treatment,
the outpatient facility so designated has agreed to assume such
responsibility.
NEW SECTION. Sec. 10 Except for section 3 of this act, this act
takes effect July 1, 2012."
Correct the title.