Wash. Rev. Code § 71.05.212

Current through the 2024 Regular Session

Section 71.05.212 - [Contingent effective date] Evaluation-Consideration of information and records

(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 recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW;

(b) Historical behavior, including history of one or more violent acts;

(c) Prior determinations of incompetency or insanity under chapter 10.77 RCW; and

(d) Prior commitments under this chapter.

(2) Credible witnesses may include family members, landlords, neighbors, or others with significant contact and history of involvement with the person. If the designated crisis responder 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 crisis responder or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.

(3) Symptoms and behavior of the respondent which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, or a finding that the person is in need of assisted outpatient treatment, when:

(a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration from safe behavior, or one or more violent acts;

(b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and

(c) Without treatment, the continued deterioration of the respondent is probable.

(4) When conducting an evaluation for offenders identified under RCW 72.09.370, the designated crisis responder or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.

(5) The authority, in consultation with tribes and in coordination with Indian health care providers and the American Indian health commission for Washington state, shall establish written guidelines by December 31, 2024, for conducting culturally appropriate evaluations of American Indians or Alaska Natives.

RCW 71.05.212

Amended by 2024 c 209,§ 18, eff. upon occurrence of contingency.

Amended by 2022 c 210,§ 10, eff. 6/9/2022.

Amended by 2020 c 302,§ 28, eff. 6/11/2020.

Amended by 2018 c 291,§ 13, eff. 4/1/2018.

Amended by 2016SP1 c 29,§ 226, eff. 4/1/2018.

Amended by 2015 c 250,§ 5, eff. 7/24/2015.

Amended by 2011SP2 c 6,§ 2, eff. 1/1/2012, exp. 7/1/2014.

Amended by 2010 c 280, § 2, eff. 7/1/2014.

1999 c 214 § 5; 1998 c 297 § 19.

See 2013 c 335, § 1, § 2.

See 2011SP2 c 6, § 1.

Contingent effective date- 2024 c 209 s 18: "Section 18 of this act takes effect when section 10, chapter 210, Laws of 2022 takes effect." [2024 c 209 s 42.]

Contingent effective date- 2022 c 210 s s 2 and 10; 2021 c 264 s s 22 and 23; 2021 c 263 s s 13 and 14; 2020 c 302 s s 4 and 28: See note following RCW 71.05.020.

Effective date- 2018 c 291 s s 1-4, 6, 7, 9, 11, 12, 13, and 15: See note following RCW 71.05.020.

Effective dates-2016 sp.s. c 29: See note following RCW 71.05.760.

Short title-Right of action-2016 sp.s. c 29: See notes following RCW 71.05.010.

Effective date- 2013 c 335; 2011 2nd sp.s. c 6; 2010 c 280 s s 2 and 3: "Sections 2 and 3 of this act take effect July 1, 2014." [2013 c 335 s 1; 2011 2nd sp.s. c 6 s 1; 2010 c 280 s 5.]

Expiration date- 2013 c 335; 2011 2nd sp.s. c 6 s 2: "Section 2 of this act expires July 1, 2014." [2013 c 335 s 2; 2011 2nd sp.s. c 6 s 3.]

Effective date-2011 2nd sp.s. c 6: "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 [December 20, 2011], except for section 2 of this act which takes effect January 1, 2012." [ 2011 2nd sp.s. c 6 s 4.]

Intent-Effective date-1999 c 214: See notes following RCW 72.09.370.

Effective dates-Severability-Intent-1998 c 297: See notes following RCW 71.05.010.

This section is set out more than once due to postponed, multiple, or conflicting amendments.