5214-S AMH CARR H2755.1

SSB 5214 - H AMD TO APP COMM AMD (H-2671.1/99) 0221 ADOPTED 04/16/99

By Representative Carrell

    On page 2, beginning on line 3 of the amendment, strike all material through line 16 of the amendment, and insert the following:

    "Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (1) (a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours.  The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the county-designated mental health professional unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.

Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the county-designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW and inform a parent or guardian of the person of the arrest, detention, and examination.  The county-designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW.  The examination shall occur at the facility in which the person is detained or confined.  If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.

The county-designated mental health professional may determine whether to refer the person to the county-designated chemical dependency specialist for examination and evaluation in accordance with chapter 70.96 RCW.  The county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter  70.96 RCW.  The examination shall occur at the facility in which the person is detained or confined.  If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.

Upon completion of any examination by the county-designated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person.

The county-designated mental health professional and county-designated chemical dependency specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination.  Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.

If the county-designated mental health professional determines it is appropriate, the county-designated mental health professional may refer the person to the local regional support network for follow-up services or the department of social and health services or other community providers for other services to the family and individual."

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