| Passed by the House December 13, 2011 Yeas 94 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate December 14, 2011 Yeas 47 BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2131 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved December 20, 2011, 3:26 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | December 21, 2011 Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 2nd Special Session |
READ FIRST TIME 12/13/11.
AN ACT Relating to delaying implementation of provisions regarding evaluations of persons under the involuntary treatment act; amending RCW 71.05.212; amending 2010 c 280 s 5 (uncodified); providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 2010 c 280 s 5 (uncodified) is amended to read as follows:
Sections 2 and 3 of this act take effect ((January)) July 1,
((2012)) 2015.
Sec. 2 RCW 71.05.212 and 1999 c 214 s 5 are each amended to read
as follows:
(1) Whenever a ((county)) designated mental health professional or
professional person is conducting an evaluation under this chapter,
consideration shall include all reasonably available information from
credible witnesses and records regarding:
(((1))) (a) Prior recommendations for evaluation of the need for
civil commitments when the recommendation is made pursuant to an
evaluation conducted under chapter 10.77 RCW;
(((2))) (b) History of one or more violent acts;
(((3))) (c) Prior determinations of incompetency or insanity under
chapter 10.77 RCW; and
(((4))) (d) Prior commitments under this chapter.
((In addition,)) (2) Credible witnesses may include family members,
landlords, neighbors, or others with significant contact and history of
involvement with the person. If the designated mental health
professional relies upon information from a credible witness in
reaching his or her decision to detain the individual, then he or she
must provide contact information for any such witness to the
prosecutor. The designated mental health professional or prosecutor
shall provide notice of the date, time, and location of the probable
cause hearing to such a witness.
(3) When conducting an evaluation for offenders identified under
RCW 72.09.370, the ((county)) designated mental health professional or
professional person shall consider an offender's history of judicially
required or administratively ordered antipsychotic medication while in
confinement.
NEW SECTION. Sec. 3 Section 2 of this act expires July 1, 2015.
NEW SECTION. Sec. 4 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately, except for section 2 of this act which takes effect
January 1, 2012.