BILL REQ. #:  H-3198.1 

READ FIRST TIME 12/13/11.   

     AN ACT Relating to delaying implementation of provisions regarding evaluations of persons under the involuntary treatment act; amending RCW 71.05.212; amending 2010 c 280 s 5 (uncodified); providing an effective date; providing an expiration date; and declaring an emergency.

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

Sec. 1   2010 c 280 s 5 (uncodified) is amended to read as follows:
     Sections 2 and 3 of this act take effect ((January)) July 1, ((2012)) 2015.

Sec. 2   RCW 71.05.212 and 1999 c 214 s 5 are each amended to read as follows:
     (1) Whenever a ((county)) designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:
     (((1))) (a) Prior recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW;
     (((2))) (b) History of one or more violent acts;
     (((3))) (c) Prior determinations of incompetency or insanity under chapter 10.77 RCW; and
     (((4))) (d) Prior commitments under this chapter.
     ((In addition,)) (2) Credible witnesses may include family members, landlords, neighbors, or others with significant contact and history of involvement with the person. If the designated mental health professional relies upon information from a credible witness in reaching his or her decision to detain the individual, then he or she must provide contact information for any such witness to the prosecutor. The designated mental health professional or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.
     (3) When conducting an evaluation for offenders identified under RCW 72.09.370, the ((county)) designated mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.

NEW SECTION.  Sec. 3   Section 2 of this act expires July 1, 2015.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately, except for section 2 of this act which takes effect January 1, 2012.