Wash. Rev. Code § 71.05.212
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(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, 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.
[ 2024 c 209 s 17; 2022 c 210 s 9; 2020 c 256 s 305; 2018 c 291 s 13; 2016 sp.s. c 29 s 226; 2015 c 250 s 5; (2011 2nd sp.s. c 6 s 2 expired July 1, 2014); 2010 c 280 s 2; 1999 c 214 s 5; 1998 c 297 s 19.]
Notes:
Contingent expiration date—2024 c 209 s 17: "Section 17 of this act expires when section 18 of this act takes effect." [ 2024 c 209 s 41.]
Effective date—2018 c 291 ss 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 ss 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.
(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.
[ 2024 c 209 s 18; 2022 c 210 s 10. Prior: 2020 c 302 s 28; 2020 c 256 s 305; 2018 c 291 s 13; 2016 sp.s. c 29 s 226; 2015 c 250 s 5; (2011 2nd sp.s. c 6 s 2 expired July 1, 2014); 2010 c 280 s 2; 1999 c 214 s 5; 1998 c 297 s 19.]
Notes:
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 ss 2 and 10; 2021 c 264 ss 22 and 23; 2021 c 263 ss 13 and 14; 2020 c 302 ss 4 and 28: See note following RCW 71.05.020.
Effective date—2018 c 291 ss 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 ss 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.
Notes of Decisions
Cited in 10
cases (6 in the last 5 years), 2012–2025 · leading case: In re the Detention of M.K.
In re the Detention of M.K. (2012)
“”); RCW 71.05.212 (“When[ ] . . . conducting an evaluation under this chapter, consideration shall include all reasonably available .”
In Re The Detention Of B.m. (2019)
“575(2) (when determining whether an offender is dangerous to himself or others “a court shall give great weight to any evidence submitted to the court regarding an offender’s recent history of judicially required or administratively ordered involuntary antipsychotic medication…”
In Re The Detention Of Marshall Mcgrath (2016)
“590(5), the State and the trial court are now instructed that: In determining whether or not to take action under this section the designated mental health professional, agency, or facility must consider the factors specified under RCW 71.05.212 and the court must consider the…”
State Of Washington v. Micah Godfrey (2021)
“212(1)(c) provides a professional conducting an evaluation under the involuntary civil commitment statutes shall consider “[p]rior determinations of incompetency under chapter 10.”
L. H. v. State Of Washington (2021)
“590(5), when a DCR is contemplating taking action to enforce, modify, or revoke an LRO, the DCR must “consider the factors specified under RCW 71.05.212 . . . .” RCW 71.05.212(1) requires the DCR to consider “all reasonably available information from credible witnesses and…”
In Re The Detention Of B.m. (2021)
“590(5) dictates that the DCR “must consider the factors specified under RCW 71.05.212,” which includes “all reasonably available information from credible witnesses and records” regarding prior recommended civil commitments, the individual’s historical behavior, prior findings…”
Detention Of E.F. (2021)
“3d 897 (2012); RCW 71.05.212(3) (respondent’s current symptoms and behaviors may be considered in conjunction “with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts”).”
In Re The Detention Of J.M. (2022)
“has been committed multiple times, one more commitment order is not likely to influence future proceedings in any meaningful way. The State’s arguments ignore the fact that the impact of prior commitments extends beyond court proceedings and that evaluators must undertake a…”
Detention Of L.c. (2025)
“RCW 71.05.212(1). Additionally, a court must consider “all available evidence concerning the respondent’s historical behavior” when determining if the individual qualifies for commitment under the chapter.”
In Re The Detention Of Helen Liu v. State Of Washington (2015)
“records regarding . .. [p]rior commitments under this chapter.”
— Wash. Rev. Code § 71.05.212(1) — 5 cases
In Re The Detention Of Marshall Mcgrath (2016)
“590(5), the State and the trial court are now instructed that: In determining whether or not to take action under this section the designated mental health professional, agency, or facility must consider the factors specified under RCW 71.05.212 and the court must consider the…”
State Of Washington v. Micah Godfrey (2021)
“212(1)(c) provides a professional conducting an evaluation under the involuntary civil commitment statutes shall consider “[p]rior determinations of incompetency under chapter 10.”
L. H. v. State Of Washington (2021)
“590(5), when a DCR is contemplating taking action to enforce, modify, or revoke an LRO, the DCR must “consider the factors specified under RCW 71.05.212 . . . .” RCW 71.05.212(1) requires the DCR to consider “all reasonably available information from credible witnesses and…”
In Re The Detention Of J.M. (2022)
“has been committed multiple times, one more commitment order is not likely to influence future proceedings in any meaningful way. The State’s arguments ignore the fact that the impact of prior commitments extends beyond court proceedings and that evaluators must undertake a…”
Detention Of L.c. (2025)
“RCW 71.05.212(1). Additionally, a court must consider “all available evidence concerning the respondent’s historical behavior” when determining if the individual qualifies for commitment under the chapter.”
— Wash. Rev. Code § 71.05.212(1)(a) — 2 cases
State Of Washington v. Micah Godfrey (2021)
“212(1)(c) provides a professional conducting an evaluation under the involuntary civil commitment statutes shall consider “[p]rior determinations of incompetency under chapter 10.”
In Re The Detention Of B.m. (2021)
“590(5) dictates that the DCR “must consider the factors specified under RCW 71.05.212,” which includes “all reasonably available information from credible witnesses and records” regarding prior recommended civil commitments, the individual’s historical behavior, prior findings…”
— Wash. Rev. Code § 71.05.212(1)(c) — 1 case
State Of Washington v. Micah Godfrey (2021)
“212(1)(c) provides a professional conducting an evaluation under the involuntary civil commitment statutes shall consider “[p]rior determinations of incompetency under chapter 10.”
— Wash. Rev. Code § 71.05.212(3) — 1 case
Detention Of E.F. (2021)
“3d 897 (2012); RCW 71.05.212(3) (respondent’s current symptoms and behaviors may be considered in conjunction “with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts”).”
— Wash. Rev. Code § 71.05.212(4) — 1 case
In Re The Detention Of B.m. (2019)
“575(2) (when determining whether an offender is dangerous to himself or others “a court shall give great weight to any evidence submitted to the court regarding an offender’s recent history of judicially required or administratively ordered involuntary antipsychotic medication…”
— Wash. Rev. Code § 71.05.212(a) — 1 case
State Of Washington v. Micah Godfrey (2021)
“212(1)(c) provides a professional conducting an evaluation under the involuntary civil commitment statutes shall consider “[p]rior determinations of incompetency under chapter 10.”
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