Wash. Rev. Code » Title 71 · Chapter 71.05

Wash. Rev. Code § 71.05.170

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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 shall then evaluate the person's condition and admit, detain, transfer, or discharge such person in accordance with RCW 71.05.210. The facility shall notify in writing the court and the designated crisis responder of the date and time of the initial detention of each person involuntarily detained in order that a probable cause hearing shall be held no later than one hundred twenty hours after detention.
The duty of a state hospital to accept persons for evaluation and treatment under this section shall be limited by chapter 71.24 RCW.
[ 2020 c 302 s 19; 2016 sp.s. c 29 s 218; 2000 c 94 s 5; 1998 c 297 s 10; 1997 c 112 s 11; 1989 c 205 s 10; 1974 ex.s. c 145 s 10; 1973 1st ex.s. c 142 s 22.]

Notes:

Effective date—2020 c 302 ss 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, and 92: See note following RCW 71.05.150.
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 dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1982–2023 · leading case: In Re the Detention Swanson
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In Re the Detention Swanson (1990) wash · cites it 3× “180 expressly states that: If the evaluation and treatment facility admits the person, it may detain him for evaluation and treatment for a period not to exceed seventy-two hours from the time of acceptance as set forth in RCW 71.05.170. The computation of such seventy-two hour…”
Pierce County v. State (2008) washctapp · cites it 2× “At issue was whether Western State Hospital was required to accept patients for evaluation and treatment under RCW 71.05.170 and related statutes when all of its evaluation and treatment beds were full.”
Pierce County v. State (2008) washctapp · cites it 2× “At issue was whether Western State Hospital was required to accept patients for evaluation and treatment under RCW 71.05.170 and related statutes when all of its evaluation and treatment beds were full.”
In re Det. of D.H. (2023) wash · cites it 2× “” Former RCW 71.05.170 (2016). Former RCW 71.05.210 set forth the procedures that must occur within the 72-hour detention for “[e]ach person involuntarily detained and accepted or admitted at an evaluation and treatment facility .”
In Re The Detention Of: S.e. (2017) washctapp “If the evaluation and treatment facility admits the person, it may detain him or her for evaluation and treatment for a period not to exceed seventy-two hours from the time of acceptance as set forth in RCW 71.05.170. The computation of such seventy-two hour period shall exclude…”
Pierce County Office of Involuntary Commitment v. Western State Hospital (1982) wash · cites it 3× “A third provision governing this controversy is RCW 71.05.170. In pertinent part, it reads: Whenever the designated county mental health professional petitions for detention of a person whose actions constitute a likelihood of serious harm to himself or others, or who is gravely…”
Matter of Detention of As (1998) washctapp “”); see also RCW 71.05.170; Swanson, 115 Wn.2d at 33 (“[T]he 72-hour period begins upon a facility’s immediate provisional acceptance of a petition and person for detention.”
In re the Detention of V.B. (2001) washctapp “2(c); RCW 71.05.170, .180, .240; Swanson, 115 *963 Wn.”
In re the Detention of P.K. (2015) washctapp “180 provides: If the evaluation and treatment facility admits the person, it may detain him or her for evaluation and treatment for a period not to exceed seventy-two hours from the time of acceptance as set forth in RCW 71.05.170. The computation of such seventy-two hour period…”
In Re Detention of VB (2001) washctapp “2(c); RCW 71.05.170; RCW 71.05.180; RCW 71.05.240; Swanson, 115 Wash.”
Stevens County v. Stevens County Sheriff's Department (2021) washctapp · cites it 3× “Note, however, that the responder need not procure an immediate hearing on the petition. If the detention facility wishes to hold the detainee for more than one hundred and twenty hours, the facility must schedule a probable cause hearing.”
In Re The Detention Of P. K. (2015) washctapp “180 provides: If the evaluation and treatment facility admits the person, it may detain him or her for evaluation and treatment for a period not to exceed seventy-two hours from the time of acceptance as set forth in RCW 71.05.170. Ihe computation of such seventv-two hour period…”
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