"Sec. 1   RCW 71.05.150 and 2011 c 148 s 5 are each amended to read as follows:
     (1) When a designated mental health professional receives information alleging that a person, as a result of a mental disorder: (((i))) (a) Presents a likelihood of serious harm; or (((ii))) (b) is gravely disabled; the designated mental health professional may, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of any person providing information to initiate detention, if satisfied that the allegations are true and that the person will not voluntarily seek appropriate treatment, file a petition for initial detention. Before filing the petition, the designated mental health professional must personally interview the person, unless the person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at an evaluation and treatment facility, crisis stabilization unit, or triage facility.
     (2)(a) If a designated mental health professional decides not to file a petition, an immediate family member of the person may petition the superior court for review of the designated mental health professional's decision. The immediate family member shall serve, or cause to be served, a notice of the petition on the designated mental health professional. As soon as possible, but no longer than twenty-four hours after receiving notice of the petition, the designated mental health professional shall provide the court with a written explanation of the basis for the decision not to file a petition and a copy of the information collected during the investigation under subsection (1) of this section. If upon review of the designated mental health professional's decision the judge finds that there is probable cause to support a petition for initial detention and that the person has refused or failed to accept appropriate evaluation and treatment voluntarily, taking into consideration any information provided by the immediate family member, the court may enter an order for initial detention under subsection (3) of this section.
     (b) For purposes of this section, "immediate family member" means a spouse, domestic partner, child, stepchild, parent, stepparent, grandparent, or sibling.
     (3)(a) An order to detain to a designated evaluation and treatment facility for not more than a seventy-two-hour evaluation and treatment period may be issued by a judge of the superior court upon request of a designated mental health professional, whenever it appears to the satisfaction of a judge of the superior court:
     (i) That there is probable cause to support the petition; and
     (ii) That the person has refused or failed to accept appropriate evaluation and treatment voluntarily.
     (b) The petition for initial detention, signed under penalty of perjury, or sworn telephonic testimony may be considered by the court in determining whether there are sufficient grounds for issuing the order.
     (c) The order shall designate retained counsel or, if counsel is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed to represent the person.
     (((3))) (4) The designated mental health professional shall then serve or cause to be served on such person, his or her guardian, and conservator, if any, a copy of the order together with a notice of rights, and a petition for initial detention. After service on such person the designated mental health professional shall file the return of service in court and provide copies of all papers in the court file to the evaluation and treatment facility and the designated attorney. The designated mental health professional shall notify the court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of the date and time of outpatient evaluation or admission to the evaluation and treatment facility. The person shall be permitted to be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other individual accompanying the person may be present during the admission evaluation. The facility may exclude the individual if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.
     (((4))) (5) The designated mental health professional may notify a peace officer to take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility. At the time such person is taken into custody there shall commence to be served on such person, his or her guardian, and conservator, if any, a copy of the original order together with a notice of rights and a petition for initial detention.

NEW SECTION.  Sec. 2   (1) The department of social and health services shall contract with the Washington state institute for public policy for a comprehensive assessment of the utilization and capacity needs of crisis mental health services. The study shall include, but not be limited to:
     (a) An update to statewide utilization and capacity figures for evaluation and treatment facilities, inpatient psychiatric beds, and regional support network-funded crisis facilities, including an estimate of the effect of the implementation of chapter 280, Laws of 2010 and chapter 335, Laws of 2013 on the capacity of the involuntary commitment system. The department shall work with the institute as needed on data collection procedures necessary to identify commitments associated with newly implemented standards;
     (b) A longitudinal study of outcomes and public costs for adults receiving regional support network-funded crisis response services compared to adults evaluated for involuntary commitment who are not subsequently committed, and adults who receive a seventy-two hour involuntary commitment. Outcomes may include subsequent jail bookings or convictions, use of publicly funded medical care, and deaths; and
     (c) The extent to which implementation of section 1 of this act may be expected to further increase the capacity needs of the involuntary commitment system, including the ability of the system to absorb further capacity demands. This determination must include a review of practices in other states regarding third-party initiation of a civil commitment petition, and an assessment of the comparative effectiveness of this change compared to other alternative practices for which comprehensive studies are available.
     (2) A preliminary report must be provided by December 1, 2015, and a final report by December 1, 2016.

NEW SECTION.  Sec. 3   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2014, in the omnibus appropriations act, this act is null and void.

NEW SECTION.  Sec. 4   Section 1 of this act takes effect July 1, 2017."