Revised Code of Washington

Wash. Rev. Code § 71.05.040 (2026)

Detention or judicial commitment of persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia

✓ current as of May 2026

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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. However, persons with developmental disabilities, impaired by substance use disorder, or suffering from dementia and who otherwise meet the criteria for detention or judicial commitment are not ineligible for detention or commitment based on this condition alone.

[ 2020 c 302 s 8; 2018 c 201 s 3004; 2004 c 166 s 2; 1997 c 112 s 4; 1987 c 439 s 1; 1977 ex.s. c 80 s 41; 1975 1st ex.s. c 199 s 1; 1974 ex.s. c 145 s 5; 1973 1st ex.s. c 142 s 9.]

Notes:

Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.

Severability—2004 c 166: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2004 c 166 s 23.]

Effective dates—2004 c 166: "This act takes effect July 1, 2004, except for sections 6, 20, and 22 of this act, which are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 26, 2004]." [ 2004 c 166 s 24.]

Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1994–2023 · leading case: Matter of Det. of Rs, 881 P.2d 972 (Wash. 1994).

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Matter of Det. of Rs, 881 P.2d 972 (Wash. 1994). · cites it 17× “More specifically, the question presented is whether a developmental disability can ever qualify as a "mental disorder” supporting civil commitment under RCW 71.05.040. RCW 71.05.040 authorizes the detention of an individual on the basis of developmental disability under two…”

In re Det. of A.C., 533 P.3d 81 (Wash. 2023). · cites it 2× “, RCW 71.05.040 (“Persons with developmental 14 For the current opinion, go to https://www.”

In Re The Det. Of K.p.-m. (Wash. Ct. App. 2018). “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 as a result of a mental disorder such condition exists that constitutes a likelihood of serious harm.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.