State Codes and Statutes

Statutes > Washington > Title-71 > 71-05 > 71-05-212

Evaluation — Consideration of information and records. (Effective until January 1, 2012.)

Whenever a *county designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information and records regarding: (1) Prior recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW; (2) history of one or more violent acts; (3) prior determinations of incompetency or insanity under chapter 10.77 RCW; and (4) prior commitments under this chapter.

     In addition, when conducting an evaluation for offenders identified under RCW 72.09.370, the *county designated mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.

[1999 c 214 § 5; 1998 c 297 § 19.]

Notes: *Reviser's note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental health professional" by 2005 c 504 § 104.

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.

RCW 71.05.212

Evaluation — Consideration of information and records. (Effective January 1, 2012.)

(1) Whenever a designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:

     (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 mental health professional relies upon information from a credible witness in reaching his or her decision to detain the individual, then he or she must provide contact information for any such witness to the prosecutor. The designated mental health professional or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.

     (3) 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 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, 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 mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.

[2010 c 280 § 2; 1999 c 214 § 5; 1998 c 297 § 19.]

Notes: Effective date -- 2010 c 280 §§ 2 and 3: "Sections 2 and 3 of this act take effect January 1, 2012." [2010 c 280 § 5.]

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.

State Codes and Statutes

Statutes > Washington > Title-71 > 71-05 > 71-05-212

Evaluation — Consideration of information and records. (Effective until January 1, 2012.)

Whenever a *county designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information and records regarding: (1) Prior recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW; (2) history of one or more violent acts; (3) prior determinations of incompetency or insanity under chapter 10.77 RCW; and (4) prior commitments under this chapter.

     In addition, when conducting an evaluation for offenders identified under RCW 72.09.370, the *county designated mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.

[1999 c 214 § 5; 1998 c 297 § 19.]

Notes: *Reviser's note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental health professional" by 2005 c 504 § 104.

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.

RCW 71.05.212

Evaluation — Consideration of information and records. (Effective January 1, 2012.)

(1) Whenever a designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:

     (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 mental health professional relies upon information from a credible witness in reaching his or her decision to detain the individual, then he or she must provide contact information for any such witness to the prosecutor. The designated mental health professional or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.

     (3) 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 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, 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 mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.

[2010 c 280 § 2; 1999 c 214 § 5; 1998 c 297 § 19.]

Notes: Effective date -- 2010 c 280 §§ 2 and 3: "Sections 2 and 3 of this act take effect January 1, 2012." [2010 c 280 § 5.]

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.


State Codes and Statutes

State Codes and Statutes

Statutes > Washington > Title-71 > 71-05 > 71-05-212

Evaluation — Consideration of information and records. (Effective until January 1, 2012.)

Whenever a *county designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information and records regarding: (1) Prior recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW; (2) history of one or more violent acts; (3) prior determinations of incompetency or insanity under chapter 10.77 RCW; and (4) prior commitments under this chapter.

     In addition, when conducting an evaluation for offenders identified under RCW 72.09.370, the *county designated mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.

[1999 c 214 § 5; 1998 c 297 § 19.]

Notes: *Reviser's note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental health professional" by 2005 c 504 § 104.

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.

RCW 71.05.212

Evaluation — Consideration of information and records. (Effective January 1, 2012.)

(1) Whenever a designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:

     (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 mental health professional relies upon information from a credible witness in reaching his or her decision to detain the individual, then he or she must provide contact information for any such witness to the prosecutor. The designated mental health professional or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.

     (3) 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 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, 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 mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.

[2010 c 280 § 2; 1999 c 214 § 5; 1998 c 297 § 19.]

Notes: Effective date -- 2010 c 280 §§ 2 and 3: "Sections 2 and 3 of this act take effect January 1, 2012." [2010 c 280 § 5.]

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.