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70A.550.020 | Aircraft detection lighting system—Installation of a light-mitigating technology system. | (1) Except as provided in *section 3 of this act, beginning July 1, 2023, no new utility-scale wind energy facility with five or more turbines shall commence operations unless the developer, owner, or operator of the facility applies to the federal aviation administration for installation of a light-mitigating technolo... |
70A.550.030 | Penalty—Enforcement—Rule-making authority. | (1) A violation of the requirements of this chapter is punishable by a civil penalty of up to $5,000 per day per violation. Penalties are appealable to the pollution control hearings board. (2)(a) The department may enforce the requirements of this chapter. (b) Enforcement of this chapter by the department must rely on... |
70A.555.005 | Findings. | The legislature finds that: (1) It is in the public interest of the citizens of Washington to encourage the recovery and reuse of materials, such as metals, that replace the output of mining and other extractive industries. (2) Without a dedicated battery stewardship program, battery user confusion regarding proper dis... |
70A.555.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Battery-containing product" means a product that contains or is packaged with rechargeable or primary batteries that are covered batteries. (b) A "battery-containing product" does not include a covered e... |
70A.555.020 | Requirement that producers implement a stewardship plan. | Beginning January 1, 2027: (1) Each producer selling, making available for sale, or distributing covered batteries or battery-containing products in or into the state of Washington shall participate in an approved Washington state battery stewardship plan through participation in and appropriate funding of a battery st... |
70A.555.030 | Role of retailers. | (1) Beginning July 1, 2027, for portable batteries, and July 1, 2029, for medium format batteries, a retailer may not sell, offer for sale, distribute, or otherwise make available for sale a covered battery or battery-containing product unless the producer of the covered battery or battery-containing product certifies ... |
70A.555.040 | Stewardship plan components. | (1) By July 1, 2026, or within six months of the adoption of rules under RCW 70A.555.100 , whichever comes later, each battery stewardship organization must submit a plan for covered portable batteries to the department for approval. Within 24 months of the date of the initial adoption of rules under this chapter by th... |
70A.555.050 | Stewardship program components—Performance goals. | (1) Each battery stewardship plan must include performance goals that measure, on an annual basis, the achievements of the program. Performance goals must take into consideration technical feasibility and economic practicality in achieving continuous, meaningful progress in improving: (a) The rate of battery collection... |
70A.555.060 | Stewardship program components—Funding. | (1) Each battery stewardship organization must ensure adequate funding is available to fully implement approved battery stewardship plans, including the implementation of aspects of the plan addressing: (a) Battery collection, transporting, and processing; (b) Education and outreach; (c) Program evaluation; and (d) Pay... |
70A.555.070 | Stewardship program components—Collection and management requirements. | (1) Battery stewardship organizations implementing a battery stewardship plan must provide for the collection of all covered batteries, including all chemistries and brands of covered batteries, on a free, continuous, convenient, visible, and accessible basis to any person, business, government agency, or nonprofit org... |
70A.555.080 | Stewardship program components—Education and outreach requirements. | (1) Each battery stewardship organization must carry out promotional activities in support of plan implementation including, but not limited to, the development: (a) And maintenance of a website; (b) And distribution of periodic press releases and articles; (c) And placement of advertisements for use on social media or... |
70A.555.090 | Reporting requirements. | (1) By June 1, 2028, and each June 1st thereafter, each battery stewardship organization must submit an annual report to the department covering the preceding calendar year of battery stewardship plan implementation. The report must include: (a) An independent financial assessment of a program implemented by the batter... |
70A.555.100 | Rule making—Fees—Department's duties. | (1) The department must adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. The department must by rule establish fees, to be paid annually by a battery stewardship organization, that are adequate to cover the department's full costs of implementing, administering, and e... |
70A.555.110 | Civil actions authorized—Penalties. | (1)(a) A battery stewardship organization implementing an approved plan may bring a civil action or actions to recover costs, damages, and fees, as specified in this section, from a producer who sells or otherwise makes available in Washington covered batteries or battery-containing products not included in an approved... |
70A.555.120 | Responsible battery management account. | The responsible battery management account is created in the custody of the state treasurer. All receipts from fees paid under this chapter must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment pr... |
70A.555.130 | Marking requirements for batteries. | (1) Beginning January 1, 2028, a producer or retailer may only sell, distribute, or offer for sale in or into Washington a large format battery, covered battery, or battery-containing product that contains a battery that is designed or intended to be easily removable from the product, if the battery is: (a) Marked with... |
70A.555.140 | General battery disposal and collection requirements. | Effective July 1, 2027, for portable batteries and July 1, 2029, for medium format batteries, or the first date on which an approved plan begins to be implemented under this chapter by a battery stewardship organization, whichever comes first: (1) All persons must dispose of unwanted covered batteries through one of th... |
70A.555.150 | Department assessment of large format batteries, medical devices, lead acid batteries, and battery-containing products and their batteries—Report to the legislature. | (1) By July 1, 2027, the department must complete an assessment of the opportunities and challenges associated with the end-of-life management of batteries that are not covered batteries, including: (a) Large format batteries; (b) Lead acid batteries that are greater than 11 pounds or are subject to the provisions of R... |
70A.555.160 | Antitrust provisions. | Producers or battery stewardship organizations acting on behalf of producers that prepare, submit, and implement a battery stewardship program plan pursuant to this chapter and who are thereby subject to regulation by the department are granted immunity from state laws relating to antitrust, restraint of trade, unfair ... |
70A.555.170 | Authority of the utilities and transportation commission. | Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide the service itself ... |
70A.560.005 | Finding—Intent. | (1) The legislature finds that certain chemicals used in cosmetic products are linked to harmful impacts on health, such as cancer, birth defects, damage to the reproductive system, organ system toxicity, and endocrine disruption. Many of these chemicals have been identified by the state of Washington as high priority ... |
70A.560.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Cosmetic product" has the same meaning as the term "cosmetic" as defined in RCW 69.04.011 . (2) "Department" means the department of ecology. (3) "Manufacturer" has the same meaning as defined in RCW 70A.35... |
70A.560.020 | Prohibiting the sale of cosmetic products containing certain added chemicals—Department's duties. | (1) Except as provided in subsection (3) of this section, beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or chemical classes: (a) Ortho-ph... |
70A.560.030 | Rule-making authority—Penalty. | (1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. (2)(a) The department's determinations of chemicals that release formaldehyde must be adopted by rule. The department must identify a list of chemicals used in cosmetics that release formaldehyde ... |
70A.560.900 | Short title. | This chapter may be known and cited as the toxic-free cosmetics act.
[ 2023 c 455 s 7 .] |
70A.565.010 | Definitions. | *** CHANGE IN 2026 *** (SEE 5975-S.SL ) ***
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Aluminum or brass cookware" means the following items when made of brass or aluminum: Pots, pans, kettles, griddles, grills, internal pots for devices such as ... |
70A.565.020 | Prohibition on the sale of cookware containing lead. | *** CHANGE IN 2026 *** (SEE 5975-S.SL ) ***
(1) Beginning January 1, 2026, no manufacturer may manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state aluminum or brass cookware, aluminum or brass utensils, or an aluminum or brass cookware component containing lead or lead compounds ... |
70A.565.030 | Adoption of rules—Penalty. | (1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. (2) A person violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed $5,000 for each violatio... |
71.02.490 | Authority over patient—Federal agencies, private establishments. | The United States veterans' administration, or other United States government agency, or the chief officer of a private facility shall have the same powers as are conferred upon the superintendent of a state hospital with reference to retention, transfer, parole, or discharge of mentally ill persons ordered hospitalize... |
71.02.900 | Construction and purpose—1959 c 25. | The provisions of this chapter shall be liberally construed so that persons who are in need of care and treatment for mental illness shall receive humane care and treatment and be restored to normal mental condition as rapidly as possible with an avoidance of loss of civil rights where not necessary, and with as little... |
71.05.010 | Legislative intent. | (1) The provisions of this chapter apply to persons who are eighteen years of age or older and are intended by the legislature: (a) To protect the health and safety of persons suffering from behavioral health disorders and to protect public safety through use of the parens patriae and police powers of the state; (b) To... |
71.05.012 | Legislative intent and finding. | It is the intent of the legislature to enhance continuity of care for persons with serious behavioral health disorders that can be controlled or stabilized in a less restrictive alternative commitment. Within the guidelines stated in In re LaBelle [,] 107 Wn. 2d 196 (1986), the legislature intends to encourage appropri... |
71.05.020 | Definitions.(Contingent expiration date.) | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "23-hour crisis relief center" has the same meaning as under RCW 71.24.025 ; (2) "Admission" or "admit" means a decision by a physician, physician assistant, or psychiatric advanced registered nurse practiti... |
71.05.025 | Integration with chapter71.24RCW—Behavioral health administrative services organizations—Duty to institute procedures for timely consultation with resource management services. | The legislature intends that the procedures and services authorized in this chapter be integrated with those in chapter 71.24 RCW to the maximum extent necessary to assure an appropriate continuum of care for persons with behavioral health disorders, as defined in either or both this chapter and chapter 71.24 RCW. To t... |
71.05.026 | Behavioral health services contracts—Limitation on state liability. | (1) Except for monetary damage claims which have been reduced to final judgment by a superior court, this section applies to all claims against the state, state agencies, state officials, or state employees that exist on or arise after March 29, 2006. (2) Except as expressly provided in contracts entered into by the au... |
71.05.027 | Integrated comprehensive screening and assessment process for substance use and mental disorders. | All persons providing treatment under this chapter shall also provide an integrated comprehensive screening and assessment process for substance use disorders and mental disorders adopted pursuant to RCW 71.24.630 .
[ 2019 c 325 s 3004 ; 2018 c 201 s 3003 ; 2014 c 225 s 82 ; 2005 c 504 s 103 .]
Effective date — 2019 c ... |
71.05.030 | Commitment laws applicable. | Persons suffering from a behavioral health disorder may not be involuntarily committed for treatment of such disorder except pursuant to provisions of this chapter, chapter 10.77 RCW, chapter 71.06 RCW, chapter 71.34 RCW, transfer pursuant to RCW 72.68.031 through 72.68.037 , or pursuant to court ordered evaluation and... |
71.05.040 | Detention or judicial commitment of persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia. | Persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia shall not be detained for evaluation and treatment or judicially committed solely by reason of that condition unless such condition causes a person to be gravely disabled or to present a likelihood of serious harm. H... |
71.05.050 | Voluntary application for treatment of a behavioral health disorder—Rights—Review of condition and status—Detention—Person refusing voluntary admission, temporary detention. | (1) Nothing in this chapter shall be construed to limit the right of any person to apply voluntarily to any public or private agency or practitioner for treatment of a behavioral health disorder, either by direct application or by referral. Any person voluntarily admitted for inpatient treatment to any public or privat... |
71.05.100 | Financial responsibility. | In addition to the responsibility provided for by RCW 43.20B.330 , any person, or his or her estate, or his or her spouse, who is involuntarily detained pursuant to this chapter for the purpose of treatment and evaluation outside of a facility maintained and operated by the department of social and health services shal... |
71.05.110 | Appointed counsel—Compensation. | (1) The county where the person is detained shall administer appointed counsel under this chapter, regardless of the person's county of origin. Reimbursement for the costs of such representation is specified under RCW 71.05.730 . The county shall provide counsel: (a) Directly; (b) By contracting for that representation... |
71.05.120 | Exemptions from liability. | (1) No officer of a public or private agency, nor the superintendent, professional person in charge, his or her professional designee, or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer responsible for detaining a person... |
71.05.130 | Duties of prosecuting attorney and attorney general. | In any judicial proceeding for involuntary commitment or detention except under RCW 71.05.201 , or in any proceeding challenging involuntary commitment or detention, the prosecuting attorney for the county in which the proceeding was initiated shall represent the individuals or agencies petitioning for commitment or de... |
71.05.132 | Court-ordered treatment—Required notifications. | When any court orders a person to receive treatment under this chapter, the order shall include a statement that if the person is, or becomes, subject to supervision by the department of corrections, the person must notify the treatment provider and the person's mental health treatment information and substance use dis... |
71.05.135 | Mental health commissioners—Appointment. | In each county the superior court may appoint the following persons to assist the superior court in disposing of its business: PROVIDED, That such positions may not be created without prior consent of the county legislative authority: (1) One or more attorneys to act as mental health commissioners; and (2) Such investi... |
71.05.137 | Mental health commissioners—Authority. | The judges of the superior court of the county by majority vote may authorize mental health commissioners, appointed pursuant to RCW 71.05.135 , to perform any or all of the following duties: (1) Receive all applications, petitions, and proceedings filed in the superior court for the purpose of disposing of them pursua... |
71.05.140 | Records maintained. | A record of all applications, petitions, and proceedings under this chapter shall be maintained by the county clerk in which the application, petition, or proceeding was initiated.
[ 1973 1st ex.s. c 142 s 19 .] |
71.05.145 | Offenders with behavioral health disorders who are believed to be dangerous—Less restrictive alternative. | The legislature intends that, when evaluating a person who is identified under RCW 72.09.370 (7), the professional person at the evaluation and treatment facility shall, when appropriate after consideration of the person's mental condition and relevant public safety concerns, file a petition for a ninety-day less restr... |
71.05.148 | Assisted outpatient treatment—Petitions, court orders for less restrictive alternative treatment—Procedure.(Effective until June 30, 2027.) | (1) A person is in need of assisted outpatient treatment if the court finds by clear, cogent, and convincing evidence pursuant to a petition filed under this section that: (a) The person has a behavioral health disorder; (b) Based on a clinical determination and in view of the person's treatment history and current beh... |
71.05.150 | Petition for initial detention of persons with behavioral health disorders—Evaluation and treatment period—Procedure—Tribal jurisdiction.(Effective until July 1, 2026.) | (1) When a designated crisis responder receives information alleging that a person, as a result of a behavioral health disorder, presents a likelihood of serious harm or is gravely disabled, the designated crisis responder may, after investigation and evaluation of the specific facts alleged and of the reliability and ... |
71.05.153 | Emergency detention of persons with behavioral health disorders—Procedure.(Effective until July 1, 2026.) | (1) When a designated crisis responder receives information alleging that a person, as the result of a behavioral health disorder, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of the specific facts alleged and of the reli... |
71.05.154 | Detention of persons with behavioral health disorders—Evaluation—Consultation with emergency room physician.(Effective until June 30, 2027.) | If a person subject to evaluation under RCW 71.05.150 or 71.05.153 is located in an emergency room at the time of evaluation, the designated crisis responder conducting the evaluation shall take serious consideration of observations and opinions by an examining emergency room physician, *advanced registered nurse pract... |
71.05.156 | Evaluation for imminent likelihood of serious harm or imminent danger—Individual with grave disability. | A designated crisis responder who conducts an evaluation for imminent likelihood of serious harm or imminent danger because of being gravely disabled under RCW 71.05.153 must also evaluate the person under RCW 71.05.150 for likelihood of serious harm or grave disability that does not meet the imminent standard for emer... |
71.05.157 | Evaluation by designated crisis responder—When required—Required notifications. | (1) When a designated crisis responder is notified by a jail that a defendant or offender who was subject to a discharge review under RCW 71.05.232 is to be released to the community, the designated crisis responder shall evaluate the person within seventy-two hours of release. (2) When an offender is under court-order... |
71.05.160 | Petition for initial detention. | (1) Any facility receiving a person pursuant to RCW 71.05.150 or 71.05.153 shall require the designated crisis responder to prepare a petition for initial detention stating the circumstances under which the person's condition was made known and stating that there is evidence, as a result of his or her personal observat... |
71.05.170 | Acceptance of petition—Notice—Duty of state hospital. | Whenever the designated crisis responder petitions for detention of a person whose actions constitute a likelihood of serious harm, or who is gravely disabled, the facility providing one hundred twenty hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. The facility... |
71.05.180 | Detention period for evaluation and treatment. | If the evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program admits the person, it may detain him or her for evaluation and treatment for a period not to exceed one hundred twenty hours from the time of acceptance as set forth in... |
71.05.182 | Six-month suspension of right to possess firearms after detention for evaluation and treatment of person who presents likelihood of serious harm as a result of behavioral health disorder, substance use disorder, or both—Automatic restoration of right at expiration of six-month period. | (1) A person who under RCW 71.05.150 or 71.05.153 has been detained at a facility for a period of not more than one hundred twenty hours for the purpose of evaluation and treatment on the grounds that the person presents a likelihood of serious harm, but who has not been subsequently committed for involuntary treatment... |
71.05.190 | Persons not admitted—Transportation—Detention of arrested person pending return to custody. | If the person is not approved for admission by a facility providing one hundred twenty hour evaluation and treatment, and the individual has not been arrested, the facility shall furnish transportation, if not otherwise available, for the person to his or her place of residence or other appropriate place. If the indivi... |
71.05.195 | Not guilty by reason of insanity—Detention of persons who have fled from state of origin—Probable cause hearing. | (1) A civil commitment may be initiated under the procedures described in RCW 71.05.150 or 71.05.153 for a person who has been found not guilty by reason of insanity in a state other than Washington or a tribe and who has fled from detention, commitment, or conditional release in that state or tribe, on the basis of a ... |
71.05.201 | Petition for initial detention when designated crisis responder does not detain—Procedure—Court review. | (1) If a designated crisis responder decides not to detain a person for evaluation and treatment under RCW 71.05.150 or 71.05.153 or 48 hours have elapsed since a designated crisis responder received a request for investigation and the designated crisis responder has not taken action to have the person detained, an imm... |
71.05.203 | Notice—Petition for detention by family member, guardian, or conservator. | (1) The authority and each behavioral health administrative services organization or agency employing designated crisis responders shall publish information in an easily accessible format describing the process for an immediate family member, guardian, or conservator, or a federally recognized Indian tribe if the perso... |
71.05.210 | Evaluation—Treatment and care—Release or other disposition.(Effective until July 1, 2026.) | (1) Each person involuntarily detained and accepted or admitted at an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program: (a) Shall, within twenty-four hours of his or her admission or acceptance at the facility, not counting ... |
71.05.212 | Evaluation—Consideration of information and records.(Contingent expiration date.) | (1) Whenever a designated crisis responder or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding: (a) Prior recommendations for evaluation of the need for civil commitments when the recommenda... |
71.05.214 | Protocols—Development—Submission to governor and legislature. | The authority shall develop statewide protocols to be utilized by professional persons and designated crisis responders in administration of this chapter and chapters 10.77 and 71.34 RCW. The protocols shall be updated at least every three years. The protocols shall provide uniform development and application of criter... |
71.05.215 | Right to refuse antipsychotic medicine—Rules.(Effective until June 30, 2027.) | (1) A person found to be gravely disabled or to present a likelihood of serious harm as a result of a behavioral health disorder has a right to refuse antipsychotic medication unless it is determined that the failure to medicate may result in a likelihood of serious harm or substantial deterioration or substantially pr... |
71.05.217 | Rights—Posting of list.(Effective until June 30, 2027.) | (1) Insofar as danger to the individual or others is not created, each person involuntarily detained, treated in a less restrictive alternative course of treatment, or committed for treatment and evaluation pursuant to this chapter shall have, in addition to other rights not specifically withheld by law, the following ... |
71.05.220 | Property of committed person. | At the time a person is involuntarily admitted to an evaluation and treatment facility, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program, the professional person in charge or his or her designee shall take reasonable precautions to inventory and safeguard the... |
71.05.230 | Commitment beyond initial evaluation and treatment period—Petition for fourteen day involuntary treatment or ninety days of less restrictive alternative treatment—Procedure.(Effective until June 30, 2027.) | A person detained for one hundred twenty hours of evaluation and treatment may be committed for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative treatment. A petition may only be filed if the following conditions are met: (1) The profe... |
71.05.232 | Discharge reviews—Consultations, notifications required. | (1) When a state hospital admits a person for evaluation or treatment under this chapter who has a history of one or more violent acts and: (a) Has been transferred from a correctional facility; or (b) Is or has been under the authority of the department of corrections or the indeterminate sentence review board, the st... |
71.05.235 | Examination, evaluation of criminal defendant—Hearing. | (1) If an individual is referred to a designated crisis responder under *RCW 10.77.650 (6)(a), the designated crisis responder shall examine the individual within forty-eight hours. If the designated crisis responder determines it is not appropriate to detain the individual or petition for a ninety-day less restrictive... |
71.05.236 | Involuntary commitment hearing—Postponement—Continuance. | (1) In any proceeding for involuntary commitment under this chapter, the court may continue or postpone such proceeding for a reasonable time on motion of the respondent for good cause, or on motion of the prosecuting attorney or the attorney general if: (a) The respondent expressly consents to a continuance or delay a... |
71.05.237 | Judicial proceedings—Court to enter findings when recommendations of professional person not followed. | In any judicial proceeding in which a professional person has made a recommendation regarding whether an individual should be committed for treatment under this chapter, and the court does not follow the recommendation, the court shall enter findings that state with particularity its reasoning, including a finding whet... |
71.05.240 | Petition for up to 14 days of involuntary treatment or 90 days or 18 months of less restrictive alternative treatment—Probable cause hearing.(Effective until July 1, 2026.) | (1) If a petition is filed for up to 14 days of involuntary treatment, 90 days of less restrictive alternative treatment, or 18 months of less restrictive alternative treatment under RCW 71.05.148 , the court shall hold a probable cause hearing within 120 hours of the initial detention under RCW 71.05.180 , or at a tim... |
71.05.245 | Determination of grave disability, likelihood of serious harm, or need of assisted outpatient treatment—Use of recent history evidence. | (1) In making a determination of whether a person is gravely disabled, presents a likelihood of serious harm, or is in need of assisted outpatient treatment in a hearing conducted under RCW 71.05.240 or 71.05.320 , the court must consider the symptoms and behavior of the respondent in light of all available evidence co... |
71.05.260 | Release from involuntary intensive treatment—Exception. | (1) Involuntary intensive treatment ordered at the time of the probable cause hearing shall be for no more than fourteen days, and shall terminate sooner when, in the opinion of the professional person in charge of the facility or his or her professional designee, (a) the person no longer constitutes a likelihood of se... |
71.05.270 | Temporary release. | Nothing in this chapter shall prohibit the professional person in charge of a treatment facility, or his or her professional designee, from permitting a person detained for intensive treatment to leave the facility for prescribed periods during the term of the person's detention, under such conditions as may be appropr... |
71.05.280 | Additional commitment—Grounds. | At the expiration of the fourteen-day period of intensive treatment, a person may be committed for further treatment pursuant to RCW 71.05.320 if: (1) Such person after having been taken into custody for evaluation and treatment has threatened, attempted, or inflicted: (a) Physical harm upon the person of another or hi... |
71.05.285 | Additional confinement—Prior history evidence. | In determining whether an inpatient or less restrictive alternative commitment under the process provided in RCW 71.05.280 and 71.05.320 (4) is appropriate, great weight shall be given to evidence of a prior history or pattern of decompensation and discontinuation of treatment resulting in: (1) Repeated hospitalization... |
71.05.290 | Petition for additional commitment—Affidavit.(Effective until June 30, 2027.) | (1) At any time during a person's 14-day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the designated crisis responder may petition the superior court for an order requiring such person to undergo an additional period of treatment. Such peti... |
71.05.300 | Filing of petition—Appearance—Notice—Advice as to rights—Appointment of attorney, expert, or professional person.(Effective until June 30, 2027.) | (1) The petition for ninety day treatment shall be filed with the clerk of the superior court at least three days before expiration of the fourteen-day period of intensive treatment. The clerk shall set a trial setting date as provided in RCW 71.05.310 on the next judicial day after the date of filing the petition and ... |
71.05.310 | Time for hearing—Due process—Jury trial—Continuation of treatment. | The court shall set a hearing on the petition for ninety-day or one hundred eighty-day treatment within five judicial days of the trial setting hearing, or within ten judicial days for a petition filed under RCW 71.05.280 (3). The court may continue the hearing in accordance with RCW 71.05.236 . If the person named in ... |
71.05.320 | Remand for additional treatment—Less restrictive alternatives—Duration—Grounds—Hearing.(Effective until July 1, 2026.) | (1)(a) Subject to (b) of this subsection, if the court or jury finds that grounds set forth in RCW 71.05.280 have been proven and that the best interests of the person or others will not be served by a less restrictive treatment which is an alternative to detention, the court shall remand him or her to the custody of t... |
71.05.325 | Release—Authorized leave—Notice to prosecuting attorney. | (1) Before a person committed under grounds set forth in RCW 71.05.280 (3) is released because a new petition for involuntary treatment has not been filed under RCW 71.05.320 (4), the superintendent, professional person, or designated crisis responder responsible for the decision whether to file a new petition shall in... |
71.05.330 | Early release—Notice to court and prosecuting attorney—Petition for hearing. | (1) Nothing in this chapter shall prohibit the superintendent or professional person in charge of the hospital or facility in which the person is being involuntarily treated from releasing him or her prior to the expiration of the commitment period when, in the opinion of the superintendent or professional person in ch... |
71.05.335 | Modification of order for inpatient treatment—Intervention by prosecuting attorney. | In any proceeding under this chapter to modify a commitment order of a person committed to inpatient treatment under grounds set forth in RCW 71.05.280 (3) or 71.05.320 (4)(c) in which the requested relief includes treatment less restrictive than detention, the prosecuting attorney shall be entitled to intervene. The p... |
71.05.337 | Intervention by attorney representing a tribe. | (1) An attorney representing a tribe has the right to intervene at any point in any court proceeding under this chapter involving a member of the tribe. (a) For purposes of this section, "right to intervene" means the right of a tribal attorney to: (i) Attend court proceedings; (ii) Speak in court; (iii) Request copies... |
71.05.338 | Assertion of jurisdiction or authority over tribes prohibited. | Nothing in this chapter may be read as an assertion of state jurisdiction or regulatory authority over a tribe.
[ 2024 c 209 s 3 .] |
71.05.340 | Outpatient treatment or care—Conditional release. | (1)(a) When, in the opinion of the superintendent or the professional person in charge of the hospital or facility providing involuntary treatment, the committed person can be appropriately served by outpatient treatment prior to or at the expiration of the period of commitment, then such outpatient care may be require... |
71.05.350 | Assistance to released persons. | No indigent patient shall be conditionally released or discharged from involuntary treatment without suitable clothing, and the superintendent of a state hospital shall furnish the same, together with such sum of money as he or she deems necessary for the immediate welfare of the patient. Such sum of money shall be the... |
71.05.360 | Rights of involuntarily detained persons. |
Reviser's note: RCW 71.05.360 was amended by 2020 c 312 s 731 without reference to its repeal by 2020 c 302 s 104 . It has been decodified for publication purposes under RCW 1.12.025 . |
71.05.365 | Involuntary commitment—Individualized discharge plan. | When a person has been involuntarily committed for treatment to a hospital for a period of 90 or 180 days, and the superintendent or professional person in charge of the hospital determines that the person no longer requires active psychiatric treatment at an inpatient level of care, the behavioral health administrativ... |
71.05.380 | Rights of voluntarily committed persons. | All persons voluntarily entering or remaining in any facility, institution, or hospital providing evaluation and treatment for behavioral health disorders shall have no less than all rights secured to involuntarily detained persons by RCW 71.05.217 .
[ 2020 c 302 s 47 ; 2016 sp.s. c 29 s 245 ; 1973 1st ex.s. c 142 s 43... |
71.05.425 | Persons committed following dismissal of sex, violent, or felony harassment offense—Notification of conditional release, final release, leave, transfer, or escape—To whom given—Definitions. | (1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before conditional release, final release, authorized leave under RCW 71.05.325 (2), or transfer to a facility other than a state mental hospital, the superintendent shall send written noti... |
71.05.435 | Discharge of person from treatment entity—Notice to designated crisis responder office. | (1) Whenever a person who is the subject of an involuntary commitment order under this chapter is discharged from an evaluation and treatment facility, state hospital, secure withdrawal management and stabilization facility, or approved substance use disorder treatment program providing involuntary treatment services, ... |
71.05.445 | Court-ordered behavioral health treatment of persons subject to department of corrections supervision—Initial assessment inquiry—Required notifications—Rules. | (1)(a) When a behavioral health service provider conducts its initial assessment for a person receiving court-ordered treatment, the service provider shall inquire and shall be told by the offender whether he or she is subject to supervision by the department of corrections. (b) When a person receiving court-ordered tr... |
71.05.455 | Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—Model policy. | When funded, the Washington association of sheriffs and police chiefs, in consultation with the criminal justice training commission, must develop and adopt a model policy for use by law enforcement agencies relating to a law enforcement officer's referral of a person to a behavioral health agency after receiving a rep... |
71.05.457 | Law enforcement referrals to behavioral health agencies—Reports of threatened or attempted suicide—General authority law enforcement policy. | By July 1, 2017, all general authority Washington law enforcement agencies must adopt a policy establishing criteria and procedures for a law enforcement officer to refer a person to a behavioral health agency after receiving a report of threatened or attempted suicide.
[ 2020 c 302 s 50 ; 2016 c 158 s 3 .]
Finding — I... |
71.05.458 | Law enforcement referral—Threatened or attempted suicide—Contact by designated crisis responder. | As soon as possible, but no later than 24 hours from receiving a referral from a law enforcement officer or law enforcement agency, including a tribal law enforcement officer or tribal law enforcement agency, excluding Saturdays, Sundays, and holidays, a mental health professional contacted by the designated crisis res... |
71.05.500 | Liability of applicant. | Any person making or filing an application alleging that a person should be involuntarily detained, certified, committed, treated, or evaluated pursuant to this chapter shall not be rendered civilly or criminally liable where the making and filing of such application was in good faith.
[ 1973 1st ex.s. c 142 s 55 .] |
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