BILL REQ. #:  S-0386.3 

Read first time 01/28/11.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to the judicial costs of commitments for involuntary mental health treatment; amending RCW 71.05.110 and 71.24.300; reenacting and amending RCW 71.05.230; adding a new section to chapter 71.05 RCW; creating new sections; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature recognizes that counties which host evaluation and treatment beds incur costs by providing judicial services associated with civil commitments under chapters 71.05 and 71.34 RCW. Because evaluation and treatment beds are not evenly distributed across the state, these commitments frequently occur in a different county from the county in which the person was originally detained. The intent of this act is to create a process for the state to reimburse counties for their reasonable costs incurred in providing these judicial services, and to prevent the burden of these costs from falling disproportionately on the counties or regional support networks in which the commitments are most likely to occur. The legislature recognizes that the cost of judicial services may vary across the state based on different factors and conditions.

NEW SECTION.  Sec. 2   A new section is added to chapter 71.05 RCW to read as follows:
     (1) A county may apply to the department for reimbursement of its cost in providing judicial services under this section.
     (2) The department shall reimburse each county for its cost per commitment case at a rate to be determined based on an average of the expenditures for judicial services within the county over the past three years. In the event that a baseline cannot be established because there is no significant history of similar cases within the county, the department shall approve a reasonable rate comparable to the average costs incurred in similar counties. For the purposes of this section, a case includes all judicial hearings related to a single episode of hospitalization, or less restrictive alternative detention in lieu of hospitalization, except that the filing of a petition for a one hundred eighty-day commitment under this chapter or a petition for a successive one hundred eighty-day commitment under chapter 71.34 RCW shall be considered to be a new case regardless of whether there has been a break in detention. A county may apply at reasonable intervals for an increase in its rate of reimbursement based on a change in its actual cost in delivering services.
     (3) The department shall pay for reimbursements under this section out of funds withheld from the annual appropriation to the regional support networks. Any funds withheld under this subsection that are not used for reimbursement must be distributed to the regional support networks. Funds which are distributed to regional support networks by the department shall not be used to reimburse counties for the cost of judicial services.
     (4) As used in this section, "judicial services" refers to a county's reasonable cost in providing prosecution services, assigned counsel and defense services, court services, and court clerk services for civil commitment cases under chapters 71.05 and 71.34 RCW. To the extent that resources have shared purpose, the state may only reimburse counties to the extent such resources are necessary for and devoted to judicial services as described in this section.
     (5) No filing fee shall be charged or collected for any civil commitment case subject to reimbursement under this section.

Sec. 3   RCW 71.05.110 and 1997 c 112 s 7 are each amended to read as follows:
     ((Attorneys appointed for persons pursuant to this chapter shall be compensated for their services as follows: (1))) The person for whom an attorney is appointed under this chapter shall, if he or she is financially able pursuant to standards as to financial capability and indigency set by the superior court of the county in which the proceeding is held, bear the costs of such legal services((; (2) if such person is indigent pursuant to such standards, the costs of such services shall be borne by the county in which the proceeding is held, subject however to the responsibility for costs provided in RCW 71.05.320(2))).

Sec. 4   RCW 71.05.230 and 2009 c 293 s 3 and 2009 c 217 s 2 are each reenacted and amended to read as follows:
     A person detained for seventy-two hour evaluation and treatment may be detained for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative to involuntary intensive treatment. ((There shall be no fee for filing petitions for fourteen days of involuntary intensive treatment.)) A petition may only be filed if the following conditions are met:
     (1) The professional staff of the agency or facility providing evaluation services has analyzed the person's condition and finds that the condition is caused by mental disorder and either results in a likelihood of serious harm, or results in the detained person being gravely disabled and are prepared to testify those conditions are met; and
     (2) The person has been advised of the need for voluntary treatment and the professional staff of the facility has evidence that he or she has not in good faith volunteered; and
     (3) The facility providing intensive treatment is certified to provide such treatment by the department; and
     (4) The professional staff of the agency or facility or the designated mental health professional has filed a petition for fourteen day involuntary detention or a ninety day less restrictive alternative with the court. The petition must be signed either by:
     (a) Two physicians;
     (b) One physician and a mental health professional;
     (c) Two psychiatric advanced registered nurse practitioners;
     (d) One psychiatric advanced registered nurse practitioner and a mental health professional; or
     (e) A physician and a psychiatric advanced registered nurse practitioner. The persons signing the petition must have examined the person. If involuntary detention is sought the petition shall state facts that support the finding that such person, as a result of mental disorder, presents a likelihood of serious harm, or is gravely disabled and that there are no less restrictive alternatives to detention in the best interest of such person or others. The petition shall state specifically that less restrictive alternative treatment was considered and specify why treatment less restrictive than detention is not appropriate. If an involuntary less restrictive alternative is sought, the petition shall state facts that support the finding that such person, as a result of mental disorder, presents a likelihood of serious harm, or is gravely disabled and shall set forth the less restrictive alternative proposed by the facility; and
     (5) A copy of the petition has been served on the detained person, his or her attorney and his or her guardian or conservator, if any, prior to the probable cause hearing; and
     (6) The court at the time the petition was filed and before the probable cause hearing has appointed counsel to represent such person if no other counsel has appeared; and
     (7) The petition reflects that the person was informed of the loss of firearm rights if involuntarily committed; and
     (8) At the conclusion of the initial commitment period, the professional staff of the agency or facility or the designated mental health professional may petition for an additional period of either ninety days of less restrictive alternative treatment or ninety days of involuntary intensive treatment as provided in RCW 71.05.290; and
     (9) If the hospital or facility designated to provide outpatient treatment is other than the facility providing involuntary treatment, the outpatient facility so designated has agreed to assume such responsibility.

Sec. 5   RCW 71.24.300 and 2008 c 261 s 4 are each amended to read as follows:
     (1) Upon the request of a tribal authority or authorities within a regional support network the joint operating agreement or the county authority shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network.
     (2) The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served.
     (3) The state mental health authority may not determine the roles and responsibilities of county authorities as to each other under regional support networks by rule, except to assure that all duties required of regional support networks are assigned and that counties and the regional support network do not duplicate functions and that a single authority has final responsibility for all available resources and performance under the regional support network's contract with the secretary.
     (4) If a regional support network is a private entity, the department shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network.
     (5) The roles and responsibilities of the private entity and the tribal authorities shall be determined by the department, through negotiation with the tribal authority.
     (6) Regional support networks shall submit an overall six-year operating and capital plan, timeline, and budget and submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the following duties:
     (a) Administer and provide for the availability of all resource management services, residential services, and community support services.
     (b) Administer and provide for the availability of all investigation, transportation, ((court-related,)) and other services provided by the state or counties pursuant to chapter 71.05 RCW.
     (c) Provide within the boundaries of each regional support network evaluation and treatment services for at least ninety percent of persons detained or committed for periods up to seventeen days according to chapter 71.05 RCW. Regional support networks may contract to purchase evaluation and treatment services from other networks if they are unable to provide for appropriate resources within their boundaries. Insofar as the original intent of serving persons in the community is maintained, the secretary is authorized to approve exceptions on a case-by-case basis to the requirement to provide evaluation and treatment services within the boundaries of each regional support network. Such exceptions are limited to:
     (i) Contracts with neighboring or contiguous regions; or
     (ii) Individuals detained or committed for periods up to seventeen days at the state hospitals at the discretion of the secretary.
     (d) Administer and provide for the availability of all other mental health services, which shall include patient counseling, day treatment, consultation, education services, employment services as defined in RCW 71.24.035, and mental health services to children.
     (e) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.
     (7) A regional support network may request that any state-owned land, building, facility, or other capital asset which was ever purchased, deeded, given, or placed in trust for the care of the persons with mental illness and which is within the boundaries of a regional support network be made available to support the operations of the regional support network. State agencies managing such capital assets shall give first priority to requests for their use pursuant to this chapter.
     (8) Each regional support network shall appoint a mental health advisory board which shall review and provide comments on plans and policies developed under this chapter, provide local oversight regarding the activities of the regional support network, and work with the regional support network to resolve significant concerns regarding service delivery and outcomes. The department shall establish statewide procedures for the operation of regional advisory committees including mechanisms for advisory board feedback to the department regarding regional support network performance. The composition of the board shall be broadly representative of the demographic character of the region and shall include, but not be limited to, representatives of consumers and families, law enforcement, and where the county is not the regional support network, county elected officials. Composition and length of terms of board members may differ between regional support networks but shall be included in each regional support network's contract and approved by the secretary.
     (9) Regional support networks shall assume all duties specified in their plans and joint operating agreements through biennial contractual agreements with the secretary.
     (10) Regional support networks may receive technical assistance from the housing trust fund and may identify and submit projects for housing and housing support services to the housing trust fund established under chapter 43.185 RCW. Projects identified or submitted under this subsection must be fully integrated with the regional support network six-year operating and capital plan, timeline, and budget required by subsection (6) of this section.

NEW SECTION.  Sec. 6   The department of social and health services may establish rules for the implementation of this act.

NEW SECTION.  Sec. 7   This act takes effect July 1, 2012.