BILL REQ. #: S-3751.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/16/12. Referred to Committee on Human Services & Corrections.
AN ACT Relating to the involuntary medication of persons committed as criminally insane; 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) 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.