READ FIRST TIME 02/03/12.   

     AN ACT Relating to state hospitals; amending RCW 9A.36.100; adding a new section to chapter 70.48 RCW; and adding a new section to chapter 10.77 RCW.

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

Sec. 1   RCW 9A.36.100 and 1988 c 151 s 1 are each amended to read as follows:
     (1) A person is guilty of custodial assault if that person is not guilty of an assault in the first or second degree and where the person:
     (a) Assaults a full or part-time staff member or volunteer, any educational personnel, any personal service provider, or any vendor or agent thereof at any juvenile corrections institution or local juvenile detention facilities who was performing official duties at the time of the assault;
     (b) Assaults a full or part-time staff member or volunteer, any educational personnel, any personal service provider, or any vendor or agent thereof at any adult corrections institution or local adult detention facilities who was performing official duties at the time of the assault;
     (c)(((i))) Assaults a full or part-time community corrections officer, other full or part-time community corrections office employee, or volunteer while the officer, employee, or volunteer is performing official duties; or
     (((ii) Assaults any other full or part-time employee who is employed in a community corrections office while the employee is performing official duties; or))
     (d) Assaults ((any volunteer who was assisting a person described in (c) of this subsection)) a full or part-time staff member or volunteer, any educational personnel, any personal service provider, or any vendor or agent thereof at any state hospital under RCW 72.23.010 who was performing official duties at the time of the assault.
     (2) Custodial assault is a class C felony.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.48 RCW to read as follows:
     A jail may not refuse to book a patient of a state hospital solely based on the patient's status as a state hospital patient, but may consider other relevant factors that apply to the individual circumstances in each case.

NEW SECTION.  Sec. 3   A new section is added to chapter 10.77 RCW to read as follows:
     (1) A state hospital may administer antipsychotic medication without consent to an individual who is committed under this chapter as criminally insane by following the same procedures applicable to the administration of antipsychotic medication without consent to a civilly committed patient under RCW 71.05.217, except for the following:
     (a) The maximum period during which the court may authorize the administration of medication without consent under a single involuntary medication petition shall be the time remaining on the individual's current order of commitment or one hundred eighty days, whichever is shorter; and
     (b) A petition for involuntary medication may be filed in either the superior court of the county that ordered the commitment or the superior court of the county in which the individual is receiving treatment, provided that a copy of any order that is entered must be provided to the superior court of the county that ordered the commitment following the hearing. The superior court of the county of commitment shall retain exclusive jurisdiction over all hearings concerning the release of the patient.
     (2) The state has a compelling interest in providing antipsychotic medication to a patient who has been committed as criminally insane when refusal of antipsychotic medication would result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment and there is no less intrusive course of treatment than medication in the best interest of the patient.