Wash. Rev. Code § 71.05.230
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A person detained for one hundred twenty hours of evaluation and treatment may be committed for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative treatment. A petition may only be filed if the following conditions are met:
(1) The professional staff of the facility providing evaluation services has analyzed the person's condition and finds that the condition is caused by a behavioral health disorder and results in: (a) A likelihood of serious harm; or (b) the person being gravely disabled; and are prepared to testify those conditions are met; and
(2) The person has been advised of the need for voluntary treatment and the professional staff of the facility has evidence that he or she has not in good faith volunteered; and
(3) The facility providing intensive treatment is certified to provide such treatment by the department or under RCW 71.05.745; and
(4)(a)(i) The professional staff of the facility or the designated crisis responder has filed a petition with the court for a fourteen day involuntary detention or a ninety day less restrictive alternative. The petition must be signed by:
(A) One physician, physician assistant, or psychiatric advanced registered nurse practitioner; and
(B) One physician, physician assistant, psychiatric advanced registered nurse practitioner, or mental health professional.
(ii) If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an *advanced registered nurse practitioner instead of a psychiatric advanced registered nurse practitioner. The persons signing the petition must have examined the person.
(b) If involuntary detention is sought the petition shall state facts that support the finding that such person, as a result of a behavioral health disorder, presents a likelihood of serious harm, or is gravely disabled and that there are no less restrictive alternatives to detention in the best interest of such person or others. The petition shall state specifically that less restrictive alternative treatment was considered and specify why treatment less restrictive than detention is not appropriate. If an involuntary less restrictive alternative is sought, the petition shall state facts that support the finding that such person, as a result of a behavioral health disorder, presents a likelihood of serious harm or is gravely disabled and shall set forth any recommendations for less restrictive alternative treatment services; and
(5) A copy of the petition has been served on the detained person, his or her attorney, and his or her guardian, if any, prior to the probable cause hearing; and
(6) The court at the time the petition was filed and before the probable cause hearing has appointed counsel to represent such person if no other counsel has appeared; and
(7) The petition reflects that the person was informed of the loss of firearm rights if involuntarily committed for mental health treatment; and
(8) At the conclusion of the initial commitment period, the professional staff of the agency or facility or the designated crisis responder may petition for an additional period of either 90 days of less restrictive alternative treatment or 90 days of involuntary intensive treatment as provided in RCW 71.05.290; and
(9) If the hospital or facility designated to provide less restrictive alternative treatment is other than the facility providing involuntary treatment, the outpatient facility so designated to provide less restrictive alternative treatment has agreed to assume such responsibility.
[ 2022 c 210 s 11; 2020 c 302 s 34; (2020 c 302 s 33 expired January 1, 2021); 2018 c 291 s 6; 2017 3rd sp.s. c 14 s 17. Prior: 2016 sp.s. c 29 s 230; 2016 c 155 s 5; 2016 c 45 s 1; 2015 c 250 s 6; 2011 c 343 s 9; prior: 2009 c 293 s 3; 2009 c 217 s 2; 2006 c 333 s 302; 1998 c 297 s 13; 1997 c 112 s 18; 1987 c 439 s 3; 1975 1st ex.s. c 199 s 5; 1974 ex.s. c 145 s 15; 1973 1st ex.s. c 142 s 28.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
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.
Expiration date—2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91: See note following RCW 71.05.150.
Effective date—2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15: See note following RCW 71.05.020.
Effective date—2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21: See note following RCW 71.05.590.
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.
Intent—Effective date—2011 c 343: See notes following RCW 71.05.730.
Finding—Purpose—Intent—Severability—Part headings not law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
A person detained for one hundred twenty hours of evaluation and treatment may be committed for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative treatment. A petition may only be filed if the following conditions are met:
(1) The professional staff of the facility providing evaluation services has analyzed the person's condition and finds that the condition is caused by a behavioral health disorder and results in: (a) A likelihood of serious harm; or (b) the person being gravely disabled; and are prepared to testify those conditions are met; and
(2) The person has been advised of the need for voluntary treatment and the professional staff of the facility has evidence that he or she has not in good faith volunteered; and
(3) The facility providing intensive treatment is certified to provide such treatment by the department or under RCW 71.05.745; and
(4)(a)(i) The professional staff of the facility or the designated crisis responder has filed a petition with the court for a fourteen day involuntary detention or a ninety day less restrictive alternative. The petition must be signed by:
(A) One physician, physician assistant, or psychiatric advanced practice registered nurse; and
(B) One physician, physician assistant, psychiatric advanced practice registered nurse, or mental health professional.
(ii) If the petition is for substance use disorder treatment, the petition may be signed by a substance use disorder professional instead of a mental health professional and by an advanced practice registered nurse instead of a psychiatric advanced practice registered nurse. The persons signing the petition must have examined the person.
(b) If involuntary detention is sought the petition shall state facts that support the finding that such person, as a result of a behavioral health disorder, presents a likelihood of serious harm, or is gravely disabled and that there are no less restrictive alternatives to detention in the best interest of such person or others. The petition shall state specifically that less restrictive alternative treatment was considered and specify why treatment less restrictive than detention is not appropriate. If an involuntary less restrictive alternative is sought, the petition shall state facts that support the finding that such person, as a result of a behavioral health disorder, presents a likelihood of serious harm or is gravely disabled and shall set forth any recommendations for less restrictive alternative treatment services; and
(5) A copy of the petition has been served on the detained person, his or her attorney, and his or her guardian, if any, prior to the probable cause hearing; and
(6) The court at the time the petition was filed and before the probable cause hearing has appointed counsel to represent such person if no other counsel has appeared; and
(7) The petition reflects that the person was informed of the loss of firearm rights if involuntarily committed for mental health treatment; and
(8) At the conclusion of the initial commitment period, the professional staff of the agency or facility or the designated crisis responder may petition for an additional period of either 90 days of less restrictive alternative treatment or 90 days of involuntary intensive treatment as provided in RCW 71.05.290; and
(9) If the hospital or facility designated to provide less restrictive alternative treatment is other than the facility providing involuntary treatment, the outpatient facility so designated to provide less restrictive alternative treatment has agreed to assume such responsibility.
[ 2025 c 58 s 5150; 2022 c 210 s 11; 2020 c 302 s 34; (2020 c 302 s 33 expired January 1, 2021); 2018 c 291 s 6; 2017 3rd sp.s. c 14 s 17. Prior: 2016 sp.s. c 29 s 230; 2016 c 155 s 5; 2016 c 45 s 1; 2015 c 250 s 6; 2011 c 343 s 9; prior: 2009 c 293 s 3; 2009 c 217 s 2; 2006 c 333 s 302; 1998 c 297 s 13; 1997 c 112 s 18; 1987 c 439 s 3; 1975 1st ex.s. c 199 s 5; 1974 ex.s. c 145 s 15; 1973 1st ex.s. c 142 s 28.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
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.
Expiration date—2020 c 302 ss 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91: See note following RCW 71.05.150.
Effective date—2018 c 291 ss 1-4, 6, 7, 9, 11, 12, 13, and 15: See note following RCW 71.05.020.
Effective date—2017 3rd sp.s. c 14 ss 9, 12, 14, 15, and 17-21: See note following RCW 71.05.590.
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.
Intent—Effective date—2011 c 343: See notes following RCW 71.05.730.
Finding—Purpose—Intent—Severability—Part headings not law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Notes of Decisions
Cited in 72
cases (26 in the last 5 years), 1977–2026 · leading case: In Re Detention of As
In Re Detention of As (1999)
“210, and three days later, on Friday, March 14, 1997, a mental health professional for Skagit County filed a petition for 14 additional days of confinement for Sheldon pursuant to RCW 71.05.230, alleging much the same conduct as the Notice of Emergency Detention.”
State v. A.S. (1999)
“210, and three days later, on Friday, March 14, 1997, a mental health professional for Skagit County filed a petition for 14 additional days of confinement for Sheldon pursuant to RCW 71.05.230, alleging much the same conduct as the Notice of Emergency Detention.”
Matter of Detention of Chorney (1992)
“3 RCW 71.05.230 provides that a person detained for 72-hour evaluation and treatment may he detained for not more than 14 additional days of involuntary intensive treatment "if the following conditions are met:" "(2) The person has been advised of the need for voluntary…”
Matter of Detention of As (1998)
“RCW 71.05.230. The petition must be signed by either two physicians or by one physician and a mental health professional who have examined the person.”
In re the Detention of Ross (2002)
“Although RCW 71.05.230 is a civil commitment statute, it is not included in the sexually violent predator chapter.”
In re the Detention of V.B. (2001)
“RCW 71.05.230 reads in part: A person detained for seventy-two hour evaluation and treatment may be detained for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative to involuntary intensive…”
In re the Detention of C.W. (2002)
“05 RCW and the procedural safeguards therein, as well as the specific requirements of RCW 71.05.230(1). V.B., 104 Wn. App. at 962-63 .”
In Re Detention of CW (2002)
“05 RCW and the procedural safeguards therein, as well as the specific requirements of RCW 71.05.230(1). Id. at 962-63, 19 P.3d 1062 .”
In Re The Detention Of: S.e. (2017)
“RCW 71.05.230. After a 14-day petition is filed, the superior court must—within 72 hours of the person’s initial detention—hold a proceeding referenced as a probable cause hearing.”
In re the Detention of R.A.W. (2001)
“RCW 71.05.230 provides procedures for additional treatment for people detained for a 72-hour evaluation and treatment.”
State v. Hand (2018)
“230 if professional staff at a facility providing mental health evaluation services determines that a person has a mental disorder or substance abuse disorder and files a petition with the court stating that the person presents a likelihood of serious harm or is gravely disabled.”
Matter of Detention of Js (1994)
“RCW 71.05.230, .240. At this stage, the statute incorporates several requirements, including that, if less restrictive treatment is ordered, the facility designated to provide the treatment has agreed to assume the responsibility.”
— Wash. Rev. Code § 71.05.230(1) — 13 cases
In re the Detention of C.W. (2002)
“05 RCW and the procedural safeguards therein, as well as the specific requirements of RCW 71.05.230(1). V.B., 104 Wn. App. at 962-63 .”
In Re Detention of CW (2002)
“05 RCW and the procedural safeguards therein, as well as the specific requirements of RCW 71.05.230(1). Id. at 962-63, 19 P.3d 1062 .”
State v. McDonald (1977)
Matter of Detention of Chorney (1992)
“3 RCW 71.05.230 provides that a person detained for 72-hour evaluation and treatment may he detained for not more than 14 additional days of involuntary intensive treatment "if the following conditions are met:" "(2) The person has been advised of the need for voluntary…”
In re the Detention of V.B. (2001)
“RCW 71.05.230 reads in part: A person detained for seventy-two hour evaluation and treatment may be detained for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative to involuntary intensive…”
— Wash. Rev. Code § 71.05.230(2) — 13 cases
Matter of Detention of Chorney (1992)
“3 RCW 71.05.230 provides that a person detained for 72-hour evaluation and treatment may he detained for not more than 14 additional days of involuntary intensive treatment "if the following conditions are met:" "(2) The person has been advised of the need for voluntary…”
In re the Detention of Ross (2002)
“Although RCW 71.05.230 is a civil commitment statute, it is not included in the sexually violent predator chapter.”
In Re Detention of As (1999)
“210, and three days later, on Friday, March 14, 1997, a mental health professional for Skagit County filed a petition for 14 additional days of confinement for Sheldon pursuant to RCW 71.05.230, alleging much the same conduct as the Notice of Emergency Detention.”
State v. A.S. (1999)
“210, and three days later, on Friday, March 14, 1997, a mental health professional for Skagit County filed a petition for 14 additional days of confinement for Sheldon pursuant to RCW 71.05.230, alleging much the same conduct as the Notice of Emergency Detention.”
In Re Detention of Ross (2002)
— Wash. Rev. Code § 71.05.230(3) — 2 cases
In re C.V. (2018)
State Of Washington v. C. v. (2018)
— Wash. Rev. Code § 71.05.230(4) — 6 cases
In Re Detention of As (1999)
“210, and three days later, on Friday, March 14, 1997, a mental health professional for Skagit County filed a petition for 14 additional days of confinement for Sheldon pursuant to RCW 71.05.230, alleging much the same conduct as the Notice of Emergency Detention.”
State v. A.S. (1999)
“210, and three days later, on Friday, March 14, 1997, a mental health professional for Skagit County filed a petition for 14 additional days of confinement for Sheldon pursuant to RCW 71.05.230, alleging much the same conduct as the Notice of Emergency Detention.”
Matter of Detention of As (1998)
“RCW 71.05.230. The petition must be signed by either two physicians or by one physician and a mental health professional who have examined the person.”
In re the Detention of V.B. (2001)
“RCW 71.05.230 reads in part: A person detained for seventy-two hour evaluation and treatment may be detained for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative to involuntary intensive…”
People v. Stevens (1988)
— Wash. Rev. Code § 71.05.230(4)(a)(i) — 2 cases
State Of Washington, V. C.i. (2022)
In Re Detention Of A.r. (2026)
— Wash. Rev. Code § 71.05.230(4)(b) — 5 cases
State v. Hand (2018)
“230 if professional staff at a facility providing mental health evaluation services determines that a person has a mental disorder or substance abuse disorder and files a petition with the court stating that the person presents a likelihood of serious harm or is gravely disabled.”
In re C.V. (2018)
State Of Washington v. C. v. (2018)
In Re The Detention Of: C.c. (2018)
— Wash. Rev. Code § 71.05.230(4)(d) — 1 case
In Re The Detention Of: J.d. (2017)
— Wash. Rev. Code § 71.05.230(5) — 3 cases
In Re Detention of As (1999)
“210, and three days later, on Friday, March 14, 1997, a mental health professional for Skagit County filed a petition for 14 additional days of confinement for Sheldon pursuant to RCW 71.05.230, alleging much the same conduct as the Notice of Emergency Detention.”
State v. A.S. (1999)
“210, and three days later, on Friday, March 14, 1997, a mental health professional for Skagit County filed a petition for 14 additional days of confinement for Sheldon pursuant to RCW 71.05.230, alleging much the same conduct as the Notice of Emergency Detention.”
State Of Washington v. J.s. (2021)
— Wash. Rev. Code § 71.05.230(7) — 1 case
Matter of Detention of Chorney (1992)
“3 RCW 71.05.230 provides that a person detained for 72-hour evaluation and treatment may he detained for not more than 14 additional days of involuntary intensive treatment "if the following conditions are met:" "(2) The person has been advised of the need for voluntary…”
— Wash. Rev. Code § 71.05.230(9) — 3 cases
In re the Detention of R.A.W. (2001)
“RCW 71.05.230 provides procedures for additional treatment for people detained for a 72-hour evaluation and treatment.”
Matter of Detention of Js (1994)
“RCW 71.05.230, .240. At this stage, the statute incorporates several requirements, including that, if less restrictive treatment is ordered, the facility designated to provide the treatment has agreed to assume the responsibility.”
In Re RAW (2001)
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