SENATE BILL REPORT

SB 5452

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Human Services & Corrections, February 17, 2011

Title: An act relating to improving communication, collaboration, and expedited medicaid attainment with regard to persons diverted, arrested, confined or to be released from confinement or commitment who have mental health or chemical dependency disorders.

Brief Description: Regarding communication, collaboration, and expedited medicaid attainment concerning persons with mental health or chemical dependency disorders who are confined in a state institution.

Sponsors: Senators Hargrove, Stevens and Haugen.

Brief History:

Committee Activity: Human Services & Corrections: 2/08/11, 2/17/11 [DPS].

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report: That Substitute Senate Bill No. 5452 be substituted therefor, and the substitute bill do pass.

Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens, Ranking Minority Member; Baxter, Carrell, Harper and McAuliffe.

Staff: Kevin Black (786-7747)

Background: The Post Institutional Medical Assistance system (PIMA system) is a communication tool under development at the Department of Social and Health Services (DSHS) which will facilitate suspension of medical assistance and expedited medical assistance applications for persons in custody of a correctional facility or institution for mental disease.

Summary of Bill (Recommended Substitute): A correctional institution may be informed of the fact, place, and date of the civil commitment of an individual for the purpose of using the PIMA system. An evaluation and treatment facility, emergency department, or crisis stabilization unit which detains a person for a civil commitment evaluation must make reasonable attempts to inform a peace officer if the patient is released pursuant to a specific request if the officer has provided contact information. Notification of the release or escape of a state hospital patient committed following a charge for a sex, violent, or felony harassment offense must be provided to the chief of police and sheriff of the city or county which had jurisdiction over the person at the time of the offense.

EFFECT OF CHANGES MADE BY HUMAN SERVICES & CORRECTIONS COMMITTEE (Recommended Substitute): Reasonable attempts must be made to inform a peace officer of release pursuant to a specific request if the officer has provided contact information. Removes provision allowing law enforcement to obtain mental health information about an inmate of a jail without a release of information.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

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

Staff Summary of Public Testimony on Original Bill: PRO: The intersection between the mental health system and criminal justice is of continuing interest to our organization. We want to make sure the PIMA tool is as useful as possible. Sheriffs sometimes need notice of escapes from state institutions so that they can implement safety plans for victims.

OTHER: We are concerned that certain provisions are inconsistent with federal privacy laws.

Persons Testifying: PRO: Jo Arlow, Washington Association of Sheriffs and Police Chiefs.

OTHER: David Dickinson, DSHS Division of Behavioral Health and Recovery.