BILL REQ. #:  S-2010.2 

READ FIRST TIME 02/26/07.   

     AN ACT Relating to case management services for dangerous mentally ill offenders; and amending RCW 71.24.480 and 72.09.370.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 71.24.480 and 2002 c 173 s 1 are each amended to read as follows:
     (1) A licensed service provider or regional support network, acting in the course of the provider's or network's duties under this chapter, is not liable for civil damages resulting from the injury or death of another caused by a ((dangerous mentally ill offender who is a)) client of ((the provider or network)) a reintegration program for offenders with mental disorders, unless the act or omission of the provider or network constitutes:
     (a) Gross negligence;
     (b) Willful or wanton misconduct; or
     (c) A breach of the duty to warn of and protect from a client's threatened violent behavior if the client has communicated a serious threat of physical violence against a reasonably ascertainable victim or victims.
     (2) In addition to any other requirements to report violations, the licensed service provider and regional support network shall report an offender's expressions of intent to harm or other predatory behavior, regardless of whether there is an ascertainable victim, in progress reports and other established processes that enable courts and supervising entities to assess and address the progress and appropriateness of treatment.
     (3) A licensed service provider's or regional support network's mere act of ((treating a dangerous mentally ill offender)) providing reintegration services for offenders with mental disorders is not negligence. Nothing in this subsection alters the licensed service provider's or regional support network's normal duty of care with regard to the client.
     (4) The limited liability provided by this section applies only to the conduct of licensed service providers and regional support networks and does not apply to conduct of the state.
     (5) For purposes of this section, "((dangerous mentally ill offender)) client of a reintegration program for offenders with mental disorders" means a person who has been identified under RCW 72.09.370 as an offender who: (a) Is reasonably believed to be dangerous to himself or herself or others; and (b) has a mental disorder.

Sec. 2   RCW 72.09.370 and 2001 2nd sp.s. c 12 s 362 are each amended to read as follows:
     (1) The secretary shall identify offenders in confinement or partial confinement who: (a) Are reasonably believed to be dangerous to themselves or others; and (b) have a mental disorder. In determining an offender's dangerousness, the secretary shall consider behavior known to the department and factors, based on research, that are linked to an increased risk for dangerousness of ((mentally ill)) offenders who are mentally ill and shall include consideration of an offender's chemical dependency or abuse.
     (2) Prior to release of an offender identified under this section, a team consisting of representatives of the department of corrections, the division of mental health, and, as necessary, the indeterminate sentence review board, other divisions or administrations within the department of social and health services, specifically including the division of alcohol and substance abuse and the division of developmental disabilities, the appropriate regional support network, and the providers, as appropriate, shall develop a plan, as determined necessary by the team, for delivery of treatment and support services to the offender upon release. The team may include a school district representative for offenders under the age of twenty-one. The team shall consult with the offender's counsel, if any, and, as appropriate, the offender's family and community. The team shall notify the crime victim/witness program, which shall provide notice to all people registered to receive notice under RCW 9.94A.612 of the proposed release plan developed by the team. Victims, witnesses, and other interested people notified by the department may provide information and comments to the department on potential safety risk to specific individuals or classes of individuals posed by the specific offender. The team may recommend: (a) That the offender be evaluated by the ((county)) designated mental health professional, as defined in chapter 71.05 RCW; (b) department-supervised community treatment; or (c) voluntary community mental health or chemical dependency or abuse treatment.
     (3) Prior to release of an offender identified under this section, the team shall determine whether or not an evaluation by a ((county)) designated mental health professional is needed. If an evaluation is recommended, the supporting documentation shall be immediately forwarded to the appropriate ((county)) designated mental health professional. The supporting documentation shall include the offender's criminal history, history of judicially required or administratively ordered involuntary antipsychotic medication while in confinement, and any known history of involuntary civil commitment.
     (4) If an evaluation by a ((county)) designated mental health professional is recommended by the team, such evaluation shall occur not more than ten days, nor less than five days, prior to release.
     (5) A second evaluation by a ((county)) designated mental health professional shall occur on the day of release if requested by the team, based upon new information or a change in the offender's mental condition, and the initial evaluation did not result in an emergency detention or a summons under chapter 71.05 RCW.
     (6) If the ((county)) designated mental health professional determines an emergency detention under chapter 71.05 RCW is necessary, the department shall release the offender only to a state hospital or to a consenting evaluation and treatment facility. The department shall arrange transportation of the offender to the hospital or facility.
     (7) If the ((county)) designated mental health professional believes that a less restrictive alternative treatment is appropriate, ((he or she shall seek a summons, pursuant to the provisions of chapter 71.05 RCW, to require the offender to appear at an evaluation and treatment facility. If a summons is issued)) the designated mental health professional shall follow the procedure outlined in the nonemergent provisions of chapter 71.05 RCW, and the offender shall remain within the corrections facility until completion of his or her term of confinement and be transported, by corrections personnel on the day of completion, directly to the identified evaluation and treatment facility for entry of the less restrictive order and release to the community.
     (8) The secretary shall adopt rules to implement this section.