Involuntary treatment act

AN ACT Relating to the involuntary treatment act; amending RCW 1
71.05.150, 71.05.153, 71.05.170, 71.05.180, 71.05.182, 71.05.210, 2
71.05.210, 71.05.217, 71.05.230, 71.05.230, 71.05.235, 71.05.240, 3
71.05.290, and 71.05.290; reenacting and amending RCW 71.05.217; 4
providing effective dates; and providing an expiration date.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 71.05.150 and 2024 c 209 s 12 are each amended to 7
read as follows: 8
(1) When a designated crisis responder receives information 9
alleging that a person, as a result of a behavioral health disorder, 10
presents a likelihood of serious harm or is gravely disabled, the 11
designated crisis responder may, after investigation and evaluation 12
of the specific facts alleged and of the reliability and credibility 13
of any person providing information to initiate detention, if 14
satisfied that the allegations are true and that the person will not 15
voluntarily seek appropriate treatment, file a petition for initial 16
detention under this section. Before filing the petition, the 17
designated crisis responder must personally interview the person, 18
unless the person refuses an interview, and determine whether the 19
person will voluntarily receive appropriate evaluation and treatment 20
at an evaluation and treatment facility, crisis stabilization unit, 21
H-2748.2
HOUSE BILL 2383
State of Washington 69th Legislature 2026 Regular Session
By Representatives Walsh and Graham
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 2383
23-hour crisis relief center, secure withdrawal management and 1
stabilization facility, or approved substance use disorder treatment 2
program. As part of the assessment, the designated crisis responder 3
must attempt to ascertain if the person has executed a mental health 4
advance directive under chapter 71.32 RCW. The interview performed by 5
the designated crisis responder may be conducted by video provided 6
that a licensed health care professional or professional person who 7
can adequately and accurately assist with obtaining any necessary 8
information is present with the person at the time of the interview.9
(2)(a) A superior court judge may issue a warrant to detain a 10
person with a behavioral health disorder to a designated evaluation 11
and treatment facility, a secure withdrawal management and 12
stabilization facility, or an approved substance use disorder 13
treatment program, for a period of not more than ((120)) 168 hours 14
for evaluation and treatment upon request of a designated crisis 15
responder whenever it appears to the satisfaction of the judge that:16
(i) There is probable cause to support the petition; and17
(ii) The person has refused or failed to accept appropriate 18
evaluation and treatment voluntarily. 19
(b) The petition for initial detention, signed under penalty of 20
perjury, or sworn telephonic testimony may be considered by the court 21
in determining whether there are sufficient grounds for issuing the 22
order. 23
(c) The order shall designate retained counsel or, if counsel is 24
appointed from a list provided by the court, the name, business 25
address, and telephone number of the attorney appointed to represent 26
the person. 27
(d) If the court does not issue an order to detain a person 28
pursuant to this subsection (2), the court shall issue an order to 29
dismiss the initial petition. 30
(3) The designated crisis responder shall then serve or cause to 31
be served on such person and his or her guardian, if any, a copy of 32
the order together with a notice of rights, and a petition for 33
initial detention. After service on such person the designated crisis 34
responder shall file the return of service in court and provide 35
copies of all papers in the court file to the evaluation and 36
treatment facility, secure withdrawal management and stabilization 37
facility, or approved substance use disorder treatment program, and 38
the designated attorney. The designated crisis responder shall notify 39
the court and the prosecuting attorney that a probable cause hearing 40
p. 2 HB 2383
will be held within ((120)) 168 hours of the date and time of 1
outpatient evaluation or admission to the evaluation and treatment 2
facility, secure withdrawal management and stabilization facility, or 3
approved substance use disorder treatment program. The person shall 4
be permitted to be accompanied by one or more of his or her 5
relatives, friends, an attorney, a personal physician, or other 6
professional or religious advisor or traditional cultural healer to 7
the place of evaluation. An attorney accompanying the person to the 8
place of evaluation shall be permitted to be present during the 9
admission evaluation. Any other individual accompanying the person 10
may be present during the admission evaluation. The facility may 11
exclude the individual if his or her presence would present a safety 12
risk, delay the proceedings, or otherwise interfere with the 13
evaluation. 14
(4) The designated crisis responder may notify a peace officer to 15
take such person or cause such person to be taken into custody and 16
placed in an evaluation and treatment facility, secure withdrawal 17
management and stabilization facility, or approved substance use 18
disorder treatment program. At the time such person is taken into 19
custody there shall commence to be served on such person, his or her 20
guardian, and conservator, if any, a copy of the original order 21
together with a notice of rights and a petition for initial 22
detention. 23
(5) In any investigation and evaluation of an individual under 24
this section or RCW 71.05.153 in which the designated crisis 25
responder knows, or has reason to know, that the individual is an 26
American Indian or Alaska Native who receives medical or behavioral 27
health services from a tribe within this state, the designated crisis 28
responder shall notify the tribe and Indian health care provider 29
whether or not a petition for initial detention or involuntary 30
outpatient treatment will be filed as soon as possible, but no later 31
than three hours from the time the decision is made. If a petition 32
for initial detention or involuntary outpatient treatment is filed, 33
the designated crisis responder must provide the tribe and Indian 34
health care provider with a copy of the petition, together with any 35
orders issued by the court and a notice of the tribe's right to 36
intervene as soon as possible, but before the hearing, and no later 37
than 24 hours from the time the petition is served upon the person 38
and the person's guardian. The court clerk shall provide copies of 39
any court orders necessary for the designated crisis responder to 40
p. 3 HB 2383
provide notice to the tribe or Indian health care provider under this 1
section. Notification under this section is subject to any federal 2
and state laws and regulations including the requirements in RCW 3
70.02.230 (2)(ee) and (3) and shall be made in person or by 4
telephonic or electronic communication to the tribal contact listed 5
in the authority's tribal crisis coordination plan.6
Sec. 2. RCW 71.05.153 and 2023 c 433 s 9 are each amended to 7
read as follows: 8
(1) When a designated crisis responder receives information 9
alleging that a person, as the result of a behavioral health 10
disorder, presents an imminent likelihood of serious harm, or is in 11
imminent danger because of being gravely disabled, after 12
investigation and evaluation of the specific facts alleged and of the 13
reliability and credibility of the person or persons providing the 14
information if any, the designated crisis responder may take such 15
person, or cause by oral or written order such person to be taken 16
into emergency custody in an emergency department, evaluation and 17
treatment facility, secure withdrawal management and stabilization 18
facility, or approved substance use disorder treatment program, for 19
not more than ((one hundred twenty )) 168 hours as described in RCW 20
71.05.180. 21
(2) A peace officer or other first responder may take or cause 22
such person to be taken into custody and immediately delivered to a 23
crisis stabilization unit, 23-hour crisis relief center, evaluation 24
and treatment facility, secure withdrawal management and 25
stabilization facility, approved substance use disorder treatment 26
program, or the emergency department of a local hospital under 27
subsection (1) of this section or when he or she has reasonable cause 28
to believe that such person is suffering from a behavioral health 29
disorder and presents an imminent likelihood of serious harm or is in 30
imminent danger because of being gravely disabled.31
(3) Persons delivered to a crisis stabilization unit, 23-hour 32
crisis relief center, evaluation and treatment facility, emergency 33
department of a local hospital, secure withdrawal management and 34
stabilization facility, or approved substance use disorder treatment 35
program by peace officers or other first responders pursuant to 36
subsection (2) of this section may be held by the facility for a 37
period of up to ((twelve)) 120 hours, not counting time periods prior 38
to medical clearance. 39
p. 4 HB 2383
(4) Within three hours after arrival at an emergency department, 1
not counting time periods prior to medical clearance, the person must 2
be examined by a mental health professional or substance use disorder 3
professional. Within ((twelve)) 120 hours of notice of the need for 4
evaluation, not counting time periods prior to medical clearance, the 5
designated crisis responder must determine whether the individual 6
meets detention criteria. In conjunction with this evaluation, the 7
facility where the patient is located must inquire as to a person's 8
veteran status or eligibility for veterans benefits and, if the 9
person appears to be potentially eligible for these benefits, inquire 10
whether the person would be amenable to treatment by the veterans 11
health administration compared to other relevant treatment options. 12
This information must be shared with the designated crisis responder. 13
If the person has been identified as being potentially eligible for 14
veterans health administration services and as being amenable for 15
those services, and if appropriate in light of all reasonably 16
available information about the person's circumstances, the 17
designated crisis responder must first refer the person to the 18
veterans health administration for mental health or substance use 19
disorder treatment at a facility capable of meeting the needs of the 20
person including, but not limited to, the involuntary treatment 21
options available at the Seattle division of the VA Puget Sound 22
health care system. If the person is accepted for treatment by the 23
veterans health administration, and is willing to accept treatment by 24
the veterans health administration as an alternative to other 25
available treatment options, the designated crisis responder, the 26
veterans health administration, and the facility where the patient is 27
located will work to make arrangements to have the person transported 28
to a veterans health administration facility. As part of the 29
assessment, the designated crisis responder must attempt to ascertain 30
if the person has executed a mental health advance directive under 31
chapter 71.32 RCW. The interview performed by the designated crisis 32
responder may be conducted by video provided that a licensed health 33
care professional or professional person who can adequately and 34
accurately assist with obtaining any necessary information is present 35
with the person at the time of the interview. If the individual is 36
detained, the designated crisis responder shall file a petition for 37
detention or a supplemental petition as appropriate and commence 38
service on the designated attorney for the detained person. If the 39
individual is released to the community, the behavioral health 40
p. 5 HB 2383
service provider shall inform the peace officer of the release within 1
a reasonable period of time after the release if the peace officer 2
has specifically requested notification and provided contact 3
information to the provider. 4
(5) Dismissal of a commitment petition is not the appropriate 5
remedy for a violation of the timeliness requirements of this section 6
based on the intent of this chapter under RCW 71.05.010 except in the 7
few cases where the facility staff or designated crisis responder has 8
totally disregarded the requirements of this section.9
(6) For purposes of this section, "first responder" has the same 10
meaning given in RCW 5.60.060.11
Sec. 3. RCW 71.05.170 and 2020 c 302 s 19 are each amended to 12
read as follows: 13
Whenever the designated crisis responder petitions for detention 14
of a person whose actions constitute a likelihood of serious harm, or 15
who is gravely disabled, the facility providing ((one hundred 16
twenty)) 168 hour evaluation and treatment must immediately accept on 17
a provisional basis the petition and the person. The facility shall 18
then evaluate the person's condition and admit, detain, transfer, or 19
discharge such person in accordance with RCW 71.05.210. The facility 20
shall notify in writing the court and the designated crisis responder 21
of the date and time of the initial detention of each person 22
involuntarily detained in order that a probable cause hearing shall 23
be held no later than ((one hundred twenty )) 168 hours after 24
detention. 25
The duty of a state hospital to accept persons for evaluation and 26
treatment under this section shall be limited by chapter 71.24 RCW.27
Sec. 4. RCW 71.05.180 and 2020 c 302 s 20 are each amended to 28
read as follows: 29
If the evaluation and treatment facility, secure withdrawal 30
management and stabilization facility, or approved substance use 31
disorder treatment program admits the person, it may detain him or 32
her for evaluation and treatment for a period not to exceed ((one 33
hundred twenty )) 168 hours from the time of acceptance as set forth 34
in RCW 71.05.170. The computation of such ((one hundred twenty )) 168 35
hour period shall exclude Saturdays, Sundays and holidays.36
p. 6 HB 2383
Sec. 5. RCW 71.05.182 and 2020 c 302 s 21 are each amended to 1
read as follows: 2
(1) A person who under RCW 71.05.150 or 71.05.153 has been 3
detained at a facility for a period of not more than ((one hundred 4
twenty)) 168 hours for the purpose of evaluation and treatment on the 5
grounds that the person presents a likelihood of serious harm, but 6
who has not been subsequently committed for involuntary treatment 7
under RCW 71.05.240, may not have in his or her possession or control 8
any firearm for a period of six months after the date that the person 9
is detained. 10
(2) Before the discharge of a person who has been initially 11
detained under RCW 71.05.150 or 71.05.153 on the grounds that the 12
person presents a likelihood of serious harm, but has not been 13
subsequently committed for involuntary treatment under RCW 71.05.240, 14
the designated crisis responder shall inform the person orally and in 15
writing that: 16
(a) He or she is prohibited from possessing or controlling any 17
firearm for a period of six months; 18
(b) He or she must immediately surrender, for the six-month 19
period, any concealed pistol license and any firearms that the person 20
possesses or controls to the sheriff of the county or the chief of 21
police of the municipality in which the person is domiciled;22
(c) After the six-month suspension, the person's right to control 23
or possess any firearm or concealed pistol license shall be 24
automatically restored, absent further restrictions imposed by other 25
law; and 26
(d) Upon discharge, the person may petition the superior court to 27
have his or her right to possess a firearm restored before the six-28
month suspension period has elapsed by following the procedures 29
provided in RCW 9.41.047(3). 30
(3) The designated crisis responder shall notify the sheriff of 31
the county or the chief of police of the municipality in which the 32
person is domiciled of the six-month suspension. 33
(4) A law enforcement agency holding any firearm that has been 34
surrendered pursuant to this section shall, upon the request of the 35
person from whom it was obtained, return the firearm at the 36
expiration of the six-month suspension period, or prior to the 37
expiration of the six-month period if the person's right to possess 38
firearms has been restored by the court under RCW 9.41.047. The law 39
enforcement agency, prior to returning the firearm, shall verify with 40
p. 7 HB 2383
the prosecuting attorney's office or designated crisis responders 1
that the person has not been previously or subsequently committed for 2
involuntary treatment under RCW 71.05.240. The law enforcement agency 3
must comply with the provisions of RCW 9.41.345 when returning a 4
firearm pursuant to this section. 5
(5) Any firearm surrendered pursuant to this section that remains 6
unclaimed by the lawful owner shall be disposed of in accordance with 7
the law enforcement agency's policies and procedures for the disposal 8
of firearms in police custody. 9
Sec. 6. RCW 71.05.210 and 2021 c 264 s 7 are each amended to 10
read as follows: 11
(1) Each person involuntarily detained and accepted or admitted 12
at an evaluation and treatment facility, secure withdrawal management 13
and stabilization facility, or approved substance use disorder 14
treatment program: 15
(a) Shall, within ((twenty-four)) 24 hours of his or her 16
admission or acceptance at the facility, not counting time periods 17
prior to medical clearance, be examined and evaluated by:18
(i) One physician, physician assistant, or advanced registered 19
nurse practitioner; and 20
(ii) One mental health professional. If the person is detained 21
for substance use disorder evaluation and treatment, the person may 22
be examined by a substance use disorder professional instead of a 23
mental health professional; and 24
(b) Shall receive such treatment and care as his or her condition 25
requires including treatment on an outpatient basis for the period 26
that he or she is detained, except that, beginning ((twenty-four)) 24 27
hours prior to a trial or hearing pursuant to RCW 71.05.215, 28
71.05.240, 71.05.310, 71.05.320, 71.05.590, or 71.05.217, the 29
individual may refuse psychiatric medications, but may not refuse: 30
(i) Any other medication previously prescribed by a person licensed 31
under Title 18 RCW; or (ii) emergency lifesaving treatment, and the 32
individual shall be informed at an appropriate time of his or her 33
right of such refusal. The person shall be detained up to ((one 34
hundred twenty )) 168 hours, if, in the opinion of the professional 35
person in charge of the facility, or his or her professional 36
designee, the person presents a likelihood of serious harm, or is 37
gravely disabled. A person who has been detained for ((one hundred 38
twenty)) 168 hours shall no later than the end of such period be 39
p. 8 HB 2383
released, unless referred for further care on a voluntary basis, or 1
detained pursuant to court order for further treatment as provided in 2
this chapter. 3
(2) If, at any time during the involuntary treatment hold and 4
following the initial examination and evaluation, the mental health 5
professional or substance use disorder professional and licensed 6
physician, physician assistant, or psychiatric advanced registered 7
nurse practitioner determine that the initial needs of the person, if 8
detained to an evaluation and treatment facility, would be better 9
served by placement in a secure withdrawal management and 10
stabilization facility or approved substance use disorder treatment 11
program, or, if detained to a secure withdrawal management and 12
stabilization facility or approved substance use disorder treatment 13
program, would be better served in an evaluation and treatment 14
facility then the person shall be referred to the more appropriate 15
placement for the remainder of the current commitment period without 16
any need for further court review. 17
(3) An evaluation and treatment center, secure withdrawal 18
management and stabilization facility, or approved substance use 19
disorder treatment program admitting or accepting any person pursuant 20
to this chapter whose physical condition reveals the need for 21
hospitalization shall assure that such person is transferred to an 22
appropriate hospital for evaluation or admission for treatment. 23
Notice of such fact shall be given to the court, the designated 24
attorney, and the designated crisis responder and the court shall 25
order such continuance in proceedings under this chapter as may be 26
necessary, but in no event may this continuance be more than 27
((fourteen)) 14 days. 28
Sec. 7. RCW 71.05.210 and 2025 c 58 s 5147 are each amended to 29
read as follows: 30
(1) Each person involuntarily detained and accepted or admitted 31
at an evaluation and treatment facility, secure withdrawal management 32
and stabilization facility, or approved substance use disorder 33
treatment program: 34
(a) Shall, within ((twenty-four)) 24 hours of his or her 35
admission or acceptance at the facility, not counting time periods 36
prior to medical clearance, be examined and evaluated by:37
(i) One physician, physician assistant, or advanced practice 38
registered nurse; and 39
p. 9 HB 2383
(ii) One mental health professional. If the person is detained 1
for substance use disorder evaluation and treatment, the person may 2
be examined by a substance use disorder professional instead of a 3
mental health professional; and 4
(b) Shall receive such treatment and care as his or her condition 5
requires including treatment on an outpatient basis for the period 6
that he or she is detained, except that, beginning ((twenty-four)) 24 7
hours prior to a trial or hearing pursuant to RCW 71.05.215, 8
71.05.240, 71.05.310, 71.05.320, 71.05.590, or 71.05.217, the 9
individual may refuse psychiatric medications, but may not refuse: 10
(i) Any other medication previously prescribed by a person licensed 11
under Title 18 RCW; or (ii) emergency lifesaving treatment, and the 12
individual shall be informed at an appropriate time of his or her 13
right of such refusal. The person shall be detained up to ((one 14
hundred twenty )) 168 hours, if, in the opinion of the professional 15
person in charge of the facility, or his or her professional 16
designee, the person presents a likelihood of serious harm, or is 17
gravely disabled. A person who has been detained for ((one hundred 18
twenty)) 168 hours shall no later than the end of such period be 19
released, unless referred for further care on a voluntary basis, or 20
detained pursuant to court order for further treatment as provided in 21
this chapter. 22
(2) If, at any time during the involuntary treatment hold and 23
following the initial examination and evaluation, the mental health 24
professional or substance use disorder professional and licensed 25
physician, physician assistant, or psychiatric advanced practice 26
registered nurse determine that the initial needs of the person, if 27
detained to an evaluation and treatment facility, would be better 28
served by placement in a secure withdrawal management and 29
stabilization facility or approved substance use disorder treatment 30
program, or, if detained to a secure withdrawal management and 31
stabilization facility or approved substance use disorder treatment 32
program, would be better served in an evaluation and treatment 33
facility then the person shall be referred to the more appropriate 34
placement for the remainder of the current commitment period without 35
any need for further court review. 36
(3) An evaluation and treatment center, secure withdrawal 37
management and stabilization facility, or approved substance use 38
disorder treatment program admitting or accepting any person pursuant 39
to this chapter whose physical condition reveals the need for 40
p. 10 HB 2383
hospitalization shall assure that such person is transferred to an 1
appropriate hospital for evaluation or admission for treatment. 2
Notice of such fact shall be given to the court, the designated 3
attorney, and the designated crisis responder and the court shall 4
order such continuance in proceedings under this chapter as may be 5
necessary, but in no event may this continuance be more than 6
((fourteen)) 14 days. 7
Sec. 8. RCW 71.05.217 and 2024 c 209 s 20 and 2024 c 62 s 21 are 8
each reenacted and amended to read as follows: 9
(1) Insofar as danger to the individual or others is not created, 10
each person involuntarily detained, treated in a less restrictive 11
alternative course of treatment, or committed for treatment and 12
evaluation pursuant to this chapter shall have, in addition to other 13
rights not specifically withheld by law, the following rights, a list 14
of which shall be prominently posted in all facilities, institutions, 15
and hospitals providing such services: 16
(a) To wear his or her own clothes and to keep and use his or her 17
own personal possessions, except when deprivation of same is 18
essential to protect the safety of the resident or other persons;19
(b) To keep and be allowed to spend a reasonable sum of his or 20
her own money for canteen expenses and small purchases;21
(c) To have access to individual storage space for his or her 22
private use; 23
(d) To have visitors at reasonable times; 24
(e) To have reasonable access to a telephone, both to make and 25
receive confidential calls; 26
(f) To have ready access to letter writing materials, including 27
stamps, and to send and receive uncensored correspondence through the 28
mails; 29
(g) To have the right to individualized care and adequate 30
treatment; 31
(h) To discuss treatment plans and decisions with professional 32
persons; 33
(i) To not be denied access to treatment by spiritual means 34
through prayer in accordance with the tenets and practices of a 35
church or religious denomination in addition to the treatment 36
otherwise proposed; 37
(j) Not to consent to the administration of antipsychotic 38
medications beyond the hearing conducted pursuant to RCW 71.05.320(4) 39
p. 11 HB 2383
or the performance of electroconvulsant therapy or surgery, except 1
emergency lifesaving surgery, unless ordered by a court of competent 2
jurisdiction pursuant to the following standards and procedures:3
(i) The administration of antipsychotic medication or 4
electroconvulsant therapy shall not be ordered unless the petitioning 5
party proves by clear, cogent, and convincing evidence that there 6
exists a compelling state interest that justifies overriding the 7
patient's lack of consent to the administration of antipsychotic 8
medications or electroconvulsant therapy, that the proposed treatment 9
is necessary and effective, and that medically acceptable alternative 10
forms of treatment are not available, have not been successful, or 11
are not likely to be effective. 12
(ii) The court shall make specific findings of fact concerning: 13
(A) The existence of one or more compelling state interests; (B) the 14
necessity and effectiveness of the treatment; and (C) the person's 15
desires regarding the proposed treatment. If the patient is unable to 16
make a rational and informed decision about consenting to or refusing 17
the proposed treatment, the court shall make a substituted judgment 18
for the patient as if he or she were competent to make such a 19
determination. 20
(iii) The person shall be present at any hearing on a request to 21
administer antipsychotic medication or electroconvulsant therapy 22
filed pursuant to this subsection. The person has the right: (A) To 23
be represented by an attorney; (B) to present evidence; (C) to cross-24
examine witnesses; (D) to have the rules of evidence enforced; (E) to 25
remain silent; (F) to view and copy all petitions and reports in the 26
court file; and (G) to be given reasonable notice and an opportunity 27
to prepare for the hearing. The court may appoint a psychiatrist, 28
physician assistant working with a psychiatrist who is acting as a 29
participating physician as defined in RCW 18.71A.010, psychiatric 30
advanced registered nurse practitioner, psychologist within their 31
scope of practice, physician assistant, or physician to examine and 32
testify on behalf of such person. The court shall appoint a 33
psychiatrist, physician assistant working with a psychiatrist who is 34
acting as a participating physician as defined in RCW 18.71A.010, 35
psychiatric advanced registered nurse practitioner, psychologist 36
within their scope of practice, physician assistant, or physician 37
designated by such person or the person's counsel to testify on 38
behalf of the person in cases where an order for electroconvulsant 39
therapy is sought. 40
p. 12 HB 2383
(iv) An order for the administration of antipsychotic medications 1
entered following a hearing conducted pursuant to this section shall 2
be effective for the period of the current involuntary treatment 3
order, and any interim period during which the person is awaiting 4
trial or hearing on a new petition for involuntary treatment or 5
involuntary medication. 6
(v) Any person detained pursuant to RCW 71.05.320(4), who 7
subsequently refuses antipsychotic medication, shall be entitled to 8
the procedures set forth in this subsection. 9
(vi) Antipsychotic medication may be administered to a 10
nonconsenting person detained or committed pursuant to this chapter 11
without a court order pursuant to RCW 71.05.215(2) or under the 12
following circumstances: 13
(A) A person presents an imminent likelihood of serious harm;14
(B) Medically acceptable alternatives to administration of 15
antipsychotic medications are not available, have not been 16
successful, or are not likely to be effective; and17
(C)(I) In the opinion of the physician, physician assistant, or 18
psychiatric advanced registered nurse practitioner with 19
responsibility for treatment of the person, or his or her designee, 20
the person's condition constitutes an emergency requiring the 21
treatment be instituted before a judicial hearing as authorized 22
pursuant to this section can be held. 23
(II) If antipsychotic medications are administered over a 24
person's lack of consent pursuant to this subsection, a petition for 25
an order authorizing the administration of antipsychotic medications 26
shall be filed on the next judicial day. The hearing shall be held 27
within two judicial days. If deemed necessary by the physician, 28
physician assistant, or psychiatric advanced registered nurse 29
practitioner with responsibility for the treatment of the person, 30
administration of antipsychotic medications may continue until the 31
hearing is held; 32
(k) To dispose of property and sign contracts unless such person 33
has been adjudicated an incompetent in a court proceeding directed to 34
that particular issue; 35
(l) Not to have psychosurgery performed on him or her under any 36
circumstances; 37
(m) To not be denied access to treatment by cultural or spiritual 38
means through practices that are in accordance with a tribal or 39
cultural tradition in addition to the treatment otherwise proposed.40
p. 13 HB 2383
(2) Every person involuntarily detained or committed under the 1
provisions of this chapter is entitled to all the rights set forth in 2
this chapter and retains all rights not denied him or her under this 3
chapter except as limited by chapter 9.41 RCW. 4
(3) No person may be presumed incompetent as a consequence of 5
receiving evaluation or treatment for a behavioral health disorder. 6
Competency may not be determined or withdrawn except under the 7
provisions of chapter 10.77 RCW. 8
(4) Subject to RCW 71.05.745 and related regulations, persons 9
receiving evaluation or treatment under this chapter must be given a 10
reasonable choice of an available physician, physician assistant, 11
psychiatric advanced registered nurse practitioner, or other 12
professional person qualified to provide such services.13
(5) Whenever any person is detained under this chapter, the 14
person must be advised that unless the person is released or 15
voluntarily admits himself or herself for treatment within ((120)) 16
168 hours of the initial detention, a judicial hearing must be held 17
in a superior court within ((120)) 168 hours to determine whether 18
there is probable cause to detain the person for up to an additional 19
((14)) 21 days based on an allegation that because of a behavioral 20
health disorder the person presents a likelihood of serious harm or 21
is gravely disabled, and that at the probable cause hearing the 22
person has the following rights: 23
(a) To communicate immediately with an attorney; to have an 24
attorney appointed if the person is indigent; and to be told the name 25
and address of the attorney that has been designated;26
(b) To remain silent, and to know that any statement the person 27
makes may be used against him or her; 28
(c) To present evidence on the person's behalf;29
(d) To cross-examine witnesses who testify against him or her;30
(e) To be proceeded against by the rules of evidence;31
(f) To have the court appoint a reasonably available independent 32
professional person to examine the person and testify in the hearing, 33
at public expense unless the person is able to bear the cost;34
(g) To view and copy all petitions and reports in the court file; 35
and 36
(h) To refuse psychiatric medications, including antipsychotic 37
medication beginning 24 hours prior to the probable cause hearing.38
p. 14 HB 2383
(6) The judicial hearing described in subsection (5) of this 1
section must be held according to the provisions of subsection (5) of 2
this section and rules promulgated by the supreme court.3
(7)(a) Privileges between patients and physicians, physician 4
assistants, psychologists, or psychiatric advanced registered nurse 5
practitioners are deemed waived in proceedings under this chapter 6
relating to the administration of antipsychotic medications. As to 7
other proceedings under this chapter, the privileges are waived when 8
a court of competent jurisdiction in its discretion determines that 9
such waiver is necessary to protect either the detained person or the 10
public. 11
(b) The waiver of a privilege under this section is limited to 12
records or testimony relevant to evaluation of the detained person 13
for purposes of a proceeding under this chapter. Upon motion by the 14
detained person or on its own motion, the court shall examine a 15
record or testimony sought by a petitioner to determine whether it is 16
within the scope of the waiver. 17
(c) The record maker may not be required to testify in order to 18
introduce medical or psychological records of the detained person so 19
long as the requirements of RCW 5.45.020 are met except that portions 20
of the record which contain opinions as to the detained person's 21
mental state must be deleted from such records unless the person 22
making such conclusions is available for cross-examination.23
(8) Nothing contained in this chapter prohibits the patient from 24
petitioning by writ of habeas corpus for release. 25
(9) Nothing in this section permits any person to knowingly 26
violate a no-contact order or a condition of an active judgment and 27
sentence or an active condition of supervision by the department of 28
corrections. 29
(10) The rights set forth under this section apply equally to 90-30
day or 180-day hearings under RCW 71.05.310. 31
Sec. 9. RCW 71.05.217 and 2025 c 58 s 5149 are each amended to 32
read as follows: 33
(1) Insofar as danger to the individual or others is not created, 34
each person involuntarily detained, treated in a less restrictive 35
alternative course of treatment, or committed for treatment and 36
evaluation pursuant to this chapter shall have, in addition to other 37
rights not specifically withheld by law, the following rights, a list 38
p. 15 HB 2383
of which shall be prominently posted in all facilities, institutions, 1
and hospitals providing such services: 2
(a) To wear his or her own clothes and to keep and use his or her 3
own personal possessions, except when deprivation of same is 4
essential to protect the safety of the resident or other persons;5
(b) To keep and be allowed to spend a reasonable sum of his or 6
her own money for canteen expenses and small purchases;7
(c) To have access to individual storage space for his or her 8
private use; 9
(d) To have visitors at reasonable times; 10
(e) To have reasonable access to a telephone, both to make and 11
receive confidential calls; 12
(f) To have ready access to letter writing materials, including 13
stamps, and to send and receive uncensored correspondence through the 14
mails; 15
(g) To have the right to individualized care and adequate 16
treatment; 17
(h) To discuss treatment plans and decisions with professional 18
persons; 19
(i) To not be denied access to treatment by spiritual means 20
through prayer in accordance with the tenets and practices of a 21
church or religious denomination in addition to the treatment 22
otherwise proposed; 23
(j) Not to consent to the administration of antipsychotic 24
medications beyond the hearing conducted pursuant to RCW 71.05.320(4) 25
or the performance of electroconvulsant therapy or surgery, except 26
emergency lifesaving surgery, unless ordered by a court of competent 27
jurisdiction pursuant to the following standards and procedures:28
(i) The administration of antipsychotic medication or 29
electroconvulsant therapy shall not be ordered unless the petitioning 30
party proves by clear, cogent, and convincing evidence that there 31
exists a compelling state interest that justifies overriding the 32
patient's lack of consent to the administration of antipsychotic 33
medications or electroconvulsant therapy, that the proposed treatment 34
is necessary and effective, and that medically acceptable alternative 35
forms of treatment are not available, have not been successful, or 36
are not likely to be effective. 37
(ii) The court shall make specific findings of fact concerning: 38
(A) The existence of one or more compelling state interests; (B) the 39
necessity and effectiveness of the treatment; and (C) the person's 40
p. 16 HB 2383
desires regarding the proposed treatment. If the patient is unable to 1
make a rational and informed decision about consenting to or refusing 2
the proposed treatment, the court shall make a substituted judgment 3
for the patient as if he or she were competent to make such a 4
determination. 5
(iii) The person shall be present at any hearing on a request to 6
administer antipsychotic medication or electroconvulsant therapy 7
filed pursuant to this subsection. The person has the right: (A) To 8
be represented by an attorney; (B) to present evidence; (C) to cross-9
examine witnesses; (D) to have the rules of evidence enforced; (E) to 10
remain silent; (F) to view and copy all petitions and reports in the 11
court file; and (G) to be given reasonable notice and an opportunity 12
to prepare for the hearing. The court may appoint a psychiatrist, 13
physician assistant working with a psychiatrist who is acting as a 14
participating physician as defined in RCW 18.71A.010, psychiatric 15
advanced practice registered nurse, psychologist within their scope 16
of practice, physician assistant, or physician to examine and testify 17
on behalf of such person. The court shall appoint a psychiatrist, 18
physician assistant working with a psychiatrist who is acting as a 19
participating physician as defined in RCW 18.71A.010, psychiatric 20
advanced practice registered nurse, psychologist within their scope 21
of practice, physician assistant, or physician designated by such 22
person or the person's counsel to testify on behalf of the person in 23
cases where an order for electroconvulsant therapy is sought.24
(iv) An order for the administration of antipsychotic medications 25
entered following a hearing conducted pursuant to this section shall 26
be effective for the period of the current involuntary treatment 27
order, and any interim period during which the person is awaiting 28
trial or hearing on a new petition for involuntary treatment or 29
involuntary medication. 30
(v) Any person detained pursuant to RCW 71.05.320(4), who 31
subsequently refuses antipsychotic medication, shall be entitled to 32
the procedures set forth in this subsection. 33
(vi) Antipsychotic medication may be administered to a 34
nonconsenting person detained or committed pursuant to this chapter 35
without a court order pursuant to RCW 71.05.215(2) or under the 36
following circumstances: 37
(A) A person presents an imminent likelihood of serious harm;38
p. 17 HB 2383
(B) Medically acceptable alternatives to administration of 1
antipsychotic medications are not available, have not been 2
successful, or are not likely to be effective; and 3
(C)(I) In the opinion of the physician, physician assistant, or 4
psychiatric advanced practice registered nurse with responsibility 5
for treatment of the person, or his or her designee, the person's 6
condition constitutes an emergency requiring the treatment be 7
instituted before a judicial hearing as authorized pursuant to this 8
section can be held. 9
(II) If antipsychotic medications are administered over a 10
person's lack of consent pursuant to this subsection, a petition for 11
an order authorizing the administration of antipsychotic medications 12
shall be filed on the next judicial day. The hearing shall be held 13
within two judicial days. If deemed necessary by the physician, 14
physician assistant, or psychiatric advanced practice registered 15
nurse with responsibility for the treatment of the person, 16
administration of antipsychotic medications may continue until the 17
hearing is held; 18
(k) To dispose of property and sign contracts unless such person 19
has been adjudicated an incompetent in a court proceeding directed to 20
that particular issue; 21
(l) Not to have psychosurgery performed on him or her under any 22
circumstances; 23
(m) To not be denied access to treatment by cultural or spiritual 24
means through practices that are in accordance with a tribal or 25
cultural tradition in addition to the treatment otherwise proposed.26
(2) Every person involuntarily detained or committed under the 27
provisions of this chapter is entitled to all the rights set forth in 28
this chapter and retains all rights not denied him or her under this 29
chapter except as limited by chapter 9.41 RCW. 30
(3) No person may be presumed incompetent as a consequence of 31
receiving evaluation or treatment for a behavioral health disorder. 32
Competency may not be determined or withdrawn except under the 33
provisions of chapter 10.77 RCW. 34
(4) Subject to RCW 71.05.745 and related regulations, persons 35
receiving evaluation or treatment under this chapter must be given a 36
reasonable choice of an available physician, physician assistant, 37
psychiatric advanced practice registered nurse, or other professional 38
person qualified to provide such services. 39
p. 18 HB 2383
(5) Whenever any person is detained under this chapter, the 1
person must be advised that unless the person is released or 2
voluntarily admits himself or herself for treatment within ((120)) 3
168 hours of the initial detention, a judicial hearing must be held 4
in a superior court within ((120)) 168 hours to determine whether 5
there is probable cause to detain the person for up to an additional 6
((14)) 21 days based on an allegation that because of a behavioral 7
health disorder the person presents a likelihood of serious harm or 8
is gravely disabled, and that at the probable cause hearing the 9
person has the following rights: 10
(a) To communicate immediately with an attorney; to have an 11
attorney appointed if the person is indigent; and to be told the name 12
and address of the attorney that has been designated;13
(b) To remain silent, and to know that any statement the person 14
makes may be used against him or her; 15
(c) To present evidence on the person's behalf;16
(d) To cross-examine witnesses who testify against him or her;17
(e) To be proceeded against by the rules of evidence;18
(f) To have the court appoint a reasonably available independent 19
professional person to examine the person and testify in the hearing, 20
at public expense unless the person is able to bear the cost;21
(g) To view and copy all petitions and reports in the court file; 22
and 23
(h) To refuse psychiatric medications, including antipsychotic 24
medication beginning 24 hours prior to the probable cause hearing.25
(6) The judicial hearing described in subsection (5) of this 26
section must be held according to the provisions of subsection (5) of 27
this section and rules promulgated by the supreme court.28
(7)(a) Privileges between patients and physicians, physician 29
assistants, psychologists, or psychiatric advanced practice 30
registered nurses are deemed waived in proceedings under this chapter 31
relating to the administration of antipsychotic medications. As to 32
other proceedings under this chapter, the privileges are waived when 33
a court of competent jurisdiction in its discretion determines that 34
such waiver is necessary to protect either the detained person or the 35
public. 36
(b) The waiver of a privilege under this section is limited to 37
records or testimony relevant to evaluation of the detained person 38
for purposes of a proceeding under this chapter. Upon motion by the 39
detained person or on its own motion, the court shall examine a 40
p. 19 HB 2383
record or testimony sought by a petitioner to determine whether it is 1
within the scope of the waiver. 2
(c) The record maker may not be required to testify in order to 3
introduce medical or psychological records of the detained person so 4
long as the requirements of RCW 5.45.020 are met except that portions 5
of the record which contain opinions as to the detained person's 6
mental state must be deleted from such records unless the person 7
making such conclusions is available for cross-examination.8
(8) Nothing contained in this chapter prohibits the patient from 9
petitioning by writ of habeas corpus for release. 10
(9) Nothing in this section permits any person to knowingly 11
violate a no-contact order or a condition of an active judgment and 12
sentence or an active condition of supervision by the department of 13
corrections. 14
(10) The rights set forth under this section apply equally to 90-15
day or 180-day hearings under RCW 71.05.310. 16
Sec. 10. RCW 71.05.230 and 2022 c 210 s 11 are each amended to 17
read as follows: 18
A person detained for ((one hundred twenty )) 168 hours of 19
evaluation and treatment may be committed for not more than 20
((fourteen)) 21 additional days of involuntary intensive treatment or 21
((ninety)) 90 additional days of a less restrictive alternative 22
treatment. A petition may only be filed if the following conditions 23
are met: 24
(1) The professional staff of the facility providing evaluation 25
services has analyzed the person's condition and finds that the 26
condition is caused by a behavioral health disorder and results in: 27
(a) A likelihood of serious harm; or (b) the person being gravely 28
disabled; and are prepared to testify those conditions are met; and29
(2) The person has been advised of the need for voluntary 30
treatment and the professional staff of the facility has evidence 31
that he or she has not in good faith volunteered; and32
(3) The facility providing intensive treatment is certified to 33
provide such treatment by the department or under RCW 71.05.745; and34
(4)(a)(i) The professional staff of the facility or the 35
designated crisis responder has filed a petition with the court for a 36
((fourteen)) 21 day involuntary detention or a ((ninety)) 90 day less 37
restrictive alternative. The petition must be signed by:38
p. 20 HB 2383
(A) One physician, physician assistant, or psychiatric advanced 1
registered nurse practitioner; and 2
(B) One physician, physician assistant, psychiatric advanced 3
registered nurse practitioner, or mental health professional.4
(ii) If the petition is for substance use disorder treatment, the 5
petition may be signed by a substance use disorder professional 6
instead of a mental health professional and by an advanced registered 7
nurse practitioner instead of a psychiatric advanced registered nurse 8
practitioner. The persons signing the petition must have examined the 9
person. 10
(b) If involuntary detention is sought the petition shall state 11
facts that support the finding that such person, as a result of a 12
behavioral health disorder, presents a likelihood of serious harm, or 13
is gravely disabled and that there are no less restrictive 14
alternatives to detention in the best interest of such person or 15
others. The petition shall state specifically that less restrictive 16
alternative treatment was considered and specify why treatment less 17
restrictive than detention is not appropriate. If an involuntary less 18
restrictive alternative is sought, the petition shall state facts 19
that support the finding that such person, as a result of a 20
behavioral health disorder, presents a likelihood of serious harm or 21
is gravely disabled and shall set forth any recommendations for less 22
restrictive alternative treatment services; and 23
(5) A copy of the petition has been served on the detained 24
person, his or her attorney, and his or her guardian, if any, prior 25
to the probable cause hearing; and 26
(6) The court at the time the petition was filed and before the 27
probable cause hearing has appointed counsel to represent such person 28
if no other counsel has appeared; and 29
(7) The petition reflects that the person was informed of the 30
loss of firearm rights if involuntarily committed for mental health 31
treatment; and 32
(8) At the conclusion of the initial commitment period, the 33
professional staff of the agency or facility or the designated crisis 34
responder may petition for an additional period of either 90 days of 35
less restrictive alternative treatment or 90 days of involuntary 36
intensive treatment as provided in RCW 71.05.290; and37
(9) If the hospital or facility designated to provide less 38
restrictive alternative treatment is other than the facility 39
providing involuntary treatment, the outpatient facility so 40
p. 21 HB 2383
designated to provide less restrictive alternative treatment has 1
agreed to assume such responsibility. 2
Sec. 11. RCW 71.05.230 and 2025 c 58 s 5150 are each amended to 3
read as follows: 4
A person detained for ((one hundred twenty )) 168 hours of 5
evaluation and treatment may be committed for not more than 6
((fourteen)) 21 additional days of involuntary intensive treatment or 7
((ninety)) 90 additional days of a less restrictive alternative 8
treatment. A petition may only be filed if the following conditions 9
are met: 10
(1) The professional staff of the facility providing evaluation 11
services has analyzed the person's condition and finds that the 12
condition is caused by a behavioral health disorder and results in: 13
(a) A likelihood of serious harm; or (b) the person being gravely 14
disabled; and are prepared to testify those conditions are met; and15
(2) The person has been advised of the need for voluntary 16
treatment and the professional staff of the facility has evidence 17
that he or she has not in good faith volunteered; and18
(3) The facility providing intensive treatment is certified to 19
provide such treatment by the department or under RCW 71.05.745; and20
(4)(a)(i) The professional staff of the facility or the 21
designated crisis responder has filed a petition with the court for a 22
((fourteen)) 21 day involuntary detention or a ((ninety)) 90 day less 23
restrictive alternative. The petition must be signed by:24
(A) One physician, physician assistant, or psychiatric advanced 25
practice registered nurse; and 26
(B) One physician, physician assistant, psychiatric advanced 27
practice registered nurse, or mental health professional.28
(ii) If the petition is for substance use disorder treatment, the 29
petition may be signed by a substance use disorder professional 30
instead of a mental health professional and by an advanced practice 31
registered nurse instead of a psychiatric advanced practice 32
registered nurse. The persons signing the petition must have examined 33
the person. 34
(b) If involuntary detention is sought the petition shall state 35
facts that support the finding that such person, as a result of a 36
behavioral health disorder, presents a likelihood of serious harm, or 37
is gravely disabled and that there are no less restrictive 38
alternatives to detention in the best interest of such person or 39
p. 22 HB 2383
others. The petition shall state specifically that less restrictive 1
alternative treatment was considered and specify why treatment less 2
restrictive than detention is not appropriate. If an involuntary less 3
restrictive alternative is sought, the petition shall state facts 4
that support the finding that such person, as a result of a 5
behavioral health disorder, presents a likelihood of serious harm or 6
is gravely disabled and shall set forth any recommendations for less 7
restrictive alternative treatment services; and 8
(5) A copy of the petition has been served on the detained 9
person, his or her attorney, and his or her guardian, if any, prior 10
to the probable cause hearing; and 11
(6) The court at the time the petition was filed and before the 12
probable cause hearing has appointed counsel to represent such person 13
if no other counsel has appeared; and 14
(7) The petition reflects that the person was informed of the 15
loss of firearm rights if involuntarily committed for mental health 16
treatment; and 17
(8) At the conclusion of the initial commitment period, the 18
professional staff of the agency or facility or the designated crisis 19
responder may petition for an additional period of either 90 days of 20
less restrictive alternative treatment or 90 days of involuntary 21
intensive treatment as provided in RCW 71.05.290; and22
(9) If the hospital or facility designated to provide less 23
restrictive alternative treatment is other than the facility 24
providing involuntary treatment, the outpatient facility so 25
designated to provide less restrictive alternative treatment has 26
agreed to assume such responsibility. 27
Sec. 12. RCW 71.05.235 and 2023 c 453 s 21 are each amended to 28
read as follows: 29
(1) If an individual is referred to a designated crisis responder 30
under RCW 10.77.650(6)(a), the designated crisis responder shall 31
examine the individual within ((forty-eight)) 48 hours. If the 32
designated crisis responder determines it is not appropriate to 33
detain the individual or petition for a ((ninety-day)) 90-day less 34
restrictive alternative under RCW 71.05.230(4), that decision shall 35
be immediately presented to the superior court for hearing. The court 36
shall hold a hearing to consider the decision of the designated 37
crisis responder not later than the next judicial day. At the hearing 38
the superior court shall review the determination of the designated 39
p. 23 HB 2383
crisis responder and determine whether an order should be entered 1
requiring the person to be evaluated at an evaluation and treatment 2
facility. No person referred to an evaluation and treatment facility 3
may be held at the facility longer than ((one hundred twenty )) 168 4
hours. 5
(2) If an individual is placed in an evaluation and treatment 6
facility under RCW 10.77.650(6)(b), a professional person shall 7
evaluate the individual for purposes of determining whether to file a 8
((ninety-day)) 90-day inpatient or outpatient petition under this 9
chapter. Before expiration of the ((one hundred twenty )) 120 hour 10
evaluation period authorized under RCW 10.77.650(6)(b), the 11
professional person shall file a petition or, if the recommendation 12
of the professional person is to release the individual, present his 13
or her recommendation to the superior court of the county in which 14
the criminal charge was dismissed. The superior court shall review 15
the recommendation not later than ((forty-eight)) 48 hours, excluding 16
Saturdays, Sundays, and holidays, after the recommendation is 17
presented. If the court rejects the recommendation to unconditionally 18
release the individual, the court may order the individual detained 19
at a designated evaluation and treatment facility for not more than a 20
((one hundred twenty )) 168 hour evaluation and treatment period. If 21
the evaluation and treatment facility files a ((ninety-day)) 90-day 22
petition within the ((one hundred twenty)) 168 hour period, the clerk 23
shall set a hearing after the day of filing consistent with RCW 24
71.05.300. Upon the individual's first appearance in court after a 25
petition has been filed, proceedings under RCW 71.05.310 and 26
71.05.320 shall commence. For an individual subject to this 27
subsection, the professional person may directly file a petition for 28
((ninety-day)) 90-day inpatient or outpatient treatment and no 29
petition for initial detention or ((fourteen-day)) 21-day detention 30
is required before such a petition may be filed. 31
(3) If a designated crisis responder or the professional person 32
and prosecuting attorney for the county in which the criminal charge 33
was dismissed or attorney general, as appropriate, stipulate that the 34
individual does not present a likelihood of serious harm or is not 35
gravely disabled, the hearing under this section is not required and 36
the individual, if in custody, shall be released. 37
Sec. 13. RCW 71.05.240 and 2022 c 210 s 13 are each amended to 38
read as follows: 39
p. 24 HB 2383
(1) If a petition is filed for up to ((14)) 21 days of 1
involuntary treatment, 90 days of less restrictive alternative 2
treatment, or 18 months of less restrictive alternative treatment 3
under RCW 71.05.148, the court shall hold a probable cause hearing 4
within ((120)) 168 hours of the initial detention under RCW 5
71.05.180, or at a time scheduled under RCW 71.05.148.6
(2) If the petition is for mental health treatment, the court or 7
the prosecutor at the time of the probable cause hearing and before 8
an order of commitment is entered shall inform the person both orally 9
and in writing that the failure to make a good faith effort to seek 10
voluntary treatment as provided in RCW 71.05.230 will result in the 11
loss of his or her firearm rights if the person is subsequently 12
detained for involuntary treatment under this section.13
(3) If the person or his or her attorney alleges, prior to the 14
commencement of the hearing, that the person has in good faith 15
volunteered for treatment, the petitioner must show, by preponderance 16
of the evidence, that the person has not in good faith volunteered 17
for appropriate treatment. In order to qualify as a good faith 18
volunteer, the person must abide by procedures and a treatment plan 19
as prescribed by a treatment facility and professional staff.20
(4)(a) At the conclusion of the probable cause hearing, if the 21
court finds by a preponderance of the evidence that a person detained 22
for behavioral health treatment, as the result of a behavioral health 23
disorder, presents a likelihood of serious harm, or is gravely 24
disabled, and, after considering less restrictive alternatives to 25
involuntary detention and treatment, finds that no such alternatives 26
are in the best interests of such person or others, the court shall 27
order that such person be detained for involuntary treatment not to 28
exceed ((fourteen)) 21 days in a facility licensed or certified to 29
provide treatment by the department or under RCW 71.05.745.30
(b) At the conclusion of the probable cause hearing, if the court 31
finds by a preponderance of the evidence that a person detained for 32
behavioral health treatment, as the result of a behavioral health 33
disorder, presents a likelihood of serious harm or is gravely 34
disabled, but that treatment in a less restrictive setting than 35
detention is in the best interest of such person or others, the court 36
shall order an appropriate less restrictive alternative course of 37
treatment for up to ((ninety)) 90 days. 38
(c) If the court finds by a preponderance of the evidence that a 39
person subject to a petition under RCW 71.05.148, as the result of a 40
p. 25 HB 2383
behavioral health disorder, is in need of assisted outpatient 1
treatment, the court shall order an appropriate less restrictive 2
alternative course of treatment for up to 18 months.3
(5) An order for less restrictive alternative treatment must name 4
the behavioral health service provider responsible for identifying 5
the services the person will receive in accordance with RCW 6
71.05.585, and must include a requirement that the person cooperate 7
with the treatment recommendations of the behavioral health service 8
provider. 9
(6) The court shall notify the person orally and in writing that 10
if involuntary treatment is sought beyond the ((14-day)) 21-day 11
inpatient or 90-day less restrictive treatment period, such person 12
has the right to a full hearing or jury trial under RCW 71.05.310. If 13
the commitment is for mental health treatment, the court shall also 14
notify the person orally and in writing that the person is barred 15
from the possession of firearms and that the prohibition remains in 16
effect until a court restores his or her right to possess a firearm 17
under RCW 9.41.047. 18
(7) If the court does not issue an order to detain or commit a 19
person under this section, the court shall issue an order to dismiss 20
the petition. 21
(8) Nothing in this section precludes the court from subsequently 22
modifying the terms of an order for less restrictive alternative 23
treatment under RCW 71.05.590(3). 24
Sec. 14. RCW 71.05.290 and 2023 c 453 s 23 are each amended to 25
read as follows: 26
(1) At any time during a person's ((14-day)) 21-day intensive 27
treatment period, the professional person in charge of a treatment 28
facility or his or her professional designee or the designated crisis 29
responder may petition the superior court for an order requiring such 30
person to undergo an additional period of treatment. Such petition 31
must be based on one or more of the grounds set forth in RCW 32
71.05.280. 33
(2)(a)(i) The petition shall summarize the facts which support 34
the need for further commitment and shall be supported by affidavits 35
based on an examination of the patient and signed by:36
(A) One physician, physician assistant, or psychiatric advanced 37
registered nurse practitioner; and 38
p. 26 HB 2383
(B) One physician, physician assistant, psychiatric advanced 1
registered nurse practitioner, or mental health professional.2
(ii) If the petition is for substance use disorder treatment, the 3
petition may be signed by a substance use disorder professional 4
instead of a mental health professional and by an advanced registered 5
nurse practitioner instead of a psychiatric advanced registered nurse 6
practitioner. 7
(b) The affidavits shall describe in detail the behavior of the 8
detained person which supports the petition and shall explain what, 9
if any, less restrictive treatments which are alternatives to 10
detention are available to such person, and shall state the 11
willingness of the affiant to testify to such facts in subsequent 12
judicial proceedings under this chapter. If less restrictive 13
alternative treatment is sought, the petition shall set forth any 14
recommendations for less restrictive alternative treatment services.15
(3) If a person has been determined to be incompetent pursuant to 16
RCW 10.77.645(7), then the professional person in charge of the 17
treatment facility or his or her professional designee or the 18
designated crisis responder may directly file a petition for 180-day 19
treatment under RCW 71.05.280(3), or for 90-day treatment under RCW 20
71.05.280 (1), (2), or (4). No petition for initial detention or 21
((14-day)) 21-day detention is required before such a petition may be 22
filed. 23
Sec. 15. RCW 71.05.290 and 2025 c 58 s 5151 are each amended to 24
read as follows: 25
(1) At any time during a person's ((14-day)) 21-day intensive 26
treatment period, the professional person in charge of a treatment 27
facility or his or her professional designee or the designated crisis 28
responder may petition the superior court for an order requiring such 29
person to undergo an additional period of treatment. Such petition 30
must be based on one or more of the grounds set forth in RCW 31
71.05.280. 32
(2)(a)(i) The petition shall summarize the facts which support 33
the need for further commitment and shall be supported by affidavits 34
based on an examination of the patient and signed by:35
(A) One physician, physician assistant, or psychiatric advanced 36
practice registered nurse; and 37
(B) One physician, physician assistant, psychiatric advanced 38
practice registered nurse, or mental health professional.39
p. 27 HB 2383
(ii) If the petition is for substance use disorder treatment, the 1
petition may be signed by a substance use disorder professional 2
instead of a mental health professional and by an advanced practice 3
registered nurse instead of a psychiatric advanced practice 4
registered nurse. 5
(b) The affidavits shall describe in detail the behavior of the 6
detained person which supports the petition and shall explain what, 7
if any, less restrictive treatments which are alternatives to 8
detention are available to such person, and shall state the 9
willingness of the affiant to testify to such facts in subsequent 10
judicial proceedings under this chapter. If less restrictive 11
alternative treatment is sought, the petition shall set forth any 12
recommendations for less restrictive alternative treatment services.13
(3) If a person has been determined to be incompetent pursuant to 14
RCW 10.77.645(7), then the professional person in charge of the 15
treatment facility or his or her professional designee or the 16
designated crisis responder may directly file a petition for 180-day 17
treatment under RCW 71.05.280(3), or for 90-day treatment under RCW 18
71.05.280 (1), (2), or (4). No petition for initial detention or 19
((14-day)) 21-day detention is required before such a petition may be 20
filed. 21
NEW SECTION. Sec. 16. Except for sections 7, 9, 11, and 15, 22
this act takes effect July 1, 2026.23
NEW SECTION. Sec. 17. Sections 6, 8, 10, and 14 of this act 24
expire June 30, 2027.25
NEW SECTION. Sec. 18. Sections 7, 9, 11, and 15 of this act 26
take effect June 30, 2027.27
--- END ---
p. 28 HB 2383