Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Children & Family Services Committee

ESB 5051

Brief Description:  Changing provisions relating to persons incapacitated by a chemical dependency.

Sponsors:  By Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove, Winsley, Haugen, Stevens, Patterson, McAuliffe, Fairley and Carlson).

Brief Summary of Engrossed Bill

$A chemical dependency specialist may seek an involuntary treatment petition if the person meets one test for incapacitation, rather than two.

$?Incapacitated@ is defined as:  the person presents a likelihood of serious harm to self or others; OR the person is gravely disabled.

$The definition of ?likelihood of serious harm@ is updated to reflect to the current usage in the mental health involuntary treatment statutes.

Hearing Date: 

Staff:  Deborah Frazier (786‑7152).

Background: 

A chemical dependency specialist may file an involuntary treatment petition for a person:

(1) who is chemically dependent and is incapacitated by alcohol or drug addiction;

OR

(2) who has twice before, in the preceding 12 months, been voluntarily admitted for detoxification or chemical dependency treatment, and is in need of a more sustained treatment program;

OR

(3) who is chemically dependent and has threatened, attempted, or inflicted physical harm on another and is likely to inflict physical harm on another unless committed.

?Incapacitated@ as applied in (1) above, is defined by two tests:  the person is incapable of making a rational decision regarding the need for treatment; and presents a likelihood of serious harm to self or others.

Summary of Bill: 

The bill changes the definition of  ?incapacitated@ to allow a chemical dependency specialist to seek an involuntary treatment petition if the person meets one test for incapacitation, rather than two.

?Incapacitated@ is defined as:  the person presents a likelihood of serious harm to self or others; OR the person is gravely disabled.

The bill updates the definition of ?likelihood of serious harm@ to the current usage in the mental health involuntary treatment statutes, and clarifies that counties may, but are not required to, appoint a County-Designated Mental Health Professional to perform detention and commitment duties.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.