Wash. Rev. Code § 71.05.280
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At the expiration of the fourteen-day period of intensive treatment, a person may be committed for further treatment pursuant to RCW 71.05.320 if:
(1) Such person after having been taken into custody for evaluation and treatment has threatened, attempted, or inflicted: (a) Physical harm upon the person of another or himself or herself, or substantial damage upon the property of another, and (b) as a result of a behavioral health disorder presents a likelihood of serious harm; or
(2) Such person was taken into custody as a result of conduct in which he or she attempted or inflicted physical harm upon the person of another or himself or herself, or substantial damage upon the property of others, and continues to present, as a result of a behavioral health disorder, a likelihood of serious harm; or
(3) Such person has been determined to be incompetent and criminal charges have been dismissed pursuant to *RCW 10.77.645(7), and has committed acts constituting a felony, and as a result of a behavioral health disorder, presents a substantial likelihood of repeating similar acts.
(a) In any proceeding pursuant to this subsection it shall not be necessary to show intent, willfulness, or state of mind as an element of the crime;
(b) For any person subject to commitment under this subsection where the charge underlying the finding of incompetence is for a felony classified as violent under RCW 9.94A.030, the court shall determine whether the acts the person committed constitute a violent offense under RCW 9.94A.030; or
(4) Such person is gravely disabled.
[ 2023 c 453 s 22; 2022 c 210 s 15; 2020 c 302 s 41; 2018 c 291 s 15; 2016 sp.s. c 29 s 234; 2015 c 250 s 9; 2013 c 289 s 4; 2008 c 213 s 6; 1998 c 297 s 15; 1997 c 112 s 22; 1986 c 67 s 3; 1979 ex.s. c 215 s 14; 1974 ex.s. c 145 s 19; 1973 1st ex.s. c 142 s 33.]
Notes:
*Reviser's note: This RCW reference has been corrected to reflect the reorganization of chapter 10.77 RCW by 2025 c 358 s 2.
Findings—2023 c 453: See note following RCW 10.77.400.
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.
Findings—2013 c 289: See note following RCW 10.77.645.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Notes of Decisions
Cited in 110
cases (57 in the last 5 years), 1975–2026 · leading case: In re the Detention of M.W.
In re the Detention of M.W. (2016)
“¶6 After this initial 180-day commitment term, the State may file a new petition for an additional 90 or 180 days of involuntary treatment based on the grounds set forth in RCW 71.05.280. Prior to 2013, this provision set forth four grounds for recommitment.”
In re the Detention of R.H. (2014)
“320(1) provides: If the court or jury finds that grounds set forth in [former] RCW 71.05.280 have been proven and that the best interests of the person or others will not be served by a less restrictive treatment which is an alternative to detention, the court shall remand him…”
Morris v. Blaker (1992)
“That act, specifically RCW 71.05.280 and .320, permits a person to be involuntarily committed for 90 days for treatment of a mental disorder if, following a 14-day period of intensive treatment: *137 (1) Such person after having been taken into custody for evaluation and…”
Allison v. Patterson (1978)
“*147 Following the 72-hour and 14-day detentions, a person civilly committed may be confined for a 90-day period of further treatment under RCW 71.05.280 and .290. These two sections also allow a 90-day commitment of persons found incompetent to stand trial under RCW 10.”
Alter v. Morris (1975)
“RCW 71.05.280, as amended by Laws of 1974, 1st Ex.”
Dunner v. McLaughlin (1984)
“Such petition must be based on one or more of the grounds set forth in RCW 71.05.280. (2) The petition shall summarize the facts which support the need for further confinement and shall be supported by affidavits signed by two examining physicians, or by one examining physician…”
In Re the Personal Restraint of Harris (1980)
“Section 19(3) of that act (RCW 71.05.280(3)), set forth the grounds for extension of initial commitment.”
Diamond v. Cross (1983)
“320 reads: "If the court or jury finds that grounds set forth in RCW 71.05.280 have been proven, but finds that treatment less restrictive than detention will be in the best interest of the person or others, then the court shall remand him to the custody of the department of…”
Matter of Detention of Gv (1994)
“RCW 71.05.280. A person is considered to be "gravely disabled” if he or she: (a) Is in danger of serious physical harm resulting from a failure to provide for his essential human needs of health or safety, or (b) manifests severe deterioration in routine functioning evidenced by…”
In Re the Detention of R.W. (1999)
“presents a likelihood of serious harm to others, was subsequently dismissed.”
In Re the Detention of LaBelle (1986)
“The evidence of his hostile and reactive behavior, which is supported by his recent acts that led to his arrest for assault, would instead justify commitment based on the "likelihood of serious harm to others" standard of RCW 71.05.280(1)(b). We need not consider this…”
Petersen v. State (1983)
“Miller failed to petition the court for a 90-day commitment, as he could have done under RCW 71.05.280, or to take other reasonable precautions to protect *429 those who might foreseeably be endangered by Knox's drug-related mental problems.”
— Wash. Rev. Code § 71.05.280(1) — 9 cases
Alter v. Morris (1975)
“RCW 71.05.280, as amended by Laws of 1974, 1st Ex.”
In Re The Detention Of: A.c. (2022)
— Wash. Rev. Code § 71.05.280(1)(a) — 1 case
In Re The Detention Of: R.r. (2015)
— Wash. Rev. Code § 71.05.280(1)(b) — 1 case
In Re the Detention of LaBelle (1986)
“The evidence of his hostile and reactive behavior, which is supported by his recent acts that led to his arrest for assault, would instead justify commitment based on the "likelihood of serious harm to others" standard of RCW 71.05.280(1)(b). We need not consider this…”
— Wash. Rev. Code § 71.05.280(2) — 3 cases
In re the Detention of M.W. (2016)
“¶6 After this initial 180-day commitment term, the State may file a new petition for an additional 90 or 180 days of involuntary treatment based on the grounds set forth in RCW 71.05.280. Prior to 2013, this provision set forth four grounds for recommitment.”
In re Det. of M. W. (2016)
In Re The Detention Of B.m. (2025)
— Wash. Rev. Code § 71.05.280(3) — 50 cases
In re the Detention of M.W. (2016)
“¶6 After this initial 180-day commitment term, the State may file a new petition for an additional 90 or 180 days of involuntary treatment based on the grounds set forth in RCW 71.05.280. Prior to 2013, this provision set forth four grounds for recommitment.”
Allison v. Patterson (1978)
“*147 Following the 72-hour and 14-day detentions, a person civilly committed may be confined for a 90-day period of further treatment under RCW 71.05.280 and .290. These two sections also allow a 90-day commitment of persons found incompetent to stand trial under RCW 10.”
In re the Detention of R.H. (2014)
“320(1) provides: If the court or jury finds that grounds set forth in [former] RCW 71.05.280 have been proven and that the best interests of the person or others will not be served by a less restrictive treatment which is an alternative to detention, the court shall remand him…”
In Re the Personal Restraint of Harris (1980)
“Section 19(3) of that act (RCW 71.05.280(3)), set forth the grounds for extension of initial commitment.”
Alter v. Morris (1975)
“RCW 71.05.280, as amended by Laws of 1974, 1st Ex.”
— Wash. Rev. Code § 71.05.280(3)(a) — 3 cases
Detention Of C.A.A. (2024)
Detention Of C.R. (2023)
— Wash. Rev. Code § 71.05.280(3)(b) — 16 cases
In re the Detention of M.W. (2016)
“¶6 After this initial 180-day commitment term, the State may file a new petition for an additional 90 or 180 days of involuntary treatment based on the grounds set forth in RCW 71.05.280. Prior to 2013, this provision set forth four grounds for recommitment.”
In Re The Detention Of: B.r. (2024)
In Re the Detention Of: B.R. (2024)
In re Det. of M. W. (2016)
In Re The Detention Of G.r. (2020)
— Wash. Rev. Code § 71.05.280(4) — 35 cases
In re the Detention of R.H. (2014)
“320(1) provides: If the court or jury finds that grounds set forth in [former] RCW 71.05.280 have been proven and that the best interests of the person or others will not be served by a less restrictive treatment which is an alternative to detention, the court shall remand him…”
In re the Detention of M.W. (2016)
“¶6 After this initial 180-day commitment term, the State may file a new petition for an additional 90 or 180 days of involuntary treatment based on the grounds set forth in RCW 71.05.280. Prior to 2013, this provision set forth four grounds for recommitment.”
In Re Detention Of: S.b. (2019)
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