Wash. Rev. Code § 71.05.300
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(1) The petition for ninety day treatment shall be filed with the clerk of the superior court at least three days before expiration of the fourteen-day period of intensive treatment. The clerk shall set a trial setting date as provided in RCW 71.05.310 on the next judicial day after the date of filing the petition and notify the designated crisis responder. The designated crisis responder shall immediately notify the person detained, his or her attorney, if any, and his or her guardian or conservator, if any, the prosecuting attorney, and the behavioral health administrative services organization administrator, and provide a copy of the petition to such persons as soon as possible. The behavioral health administrative services organization administrator or designee may review the petition and may appear and testify at the full hearing on the petition.
(2) The attorney for the detained person shall advise him or her of his or her right to be represented by an attorney, his or her right to a jury trial, and, if the petition is for commitment for mental health treatment, his or her loss of firearm rights if involuntarily committed. If the detained person is not represented by an attorney, or is indigent or is unwilling to retain an attorney, the court shall immediately appoint an attorney to represent him or her. The court shall, if requested, appoint a reasonably available licensed physician, physician assistant, psychiatric advanced registered nurse practitioner, psychologist, psychiatrist, or other professional person, designated by the detained person to examine and testify on behalf of the detained person.
(3) The court may, if requested, also appoint a professional person as defined in RCW 71.05.020 to seek less restrictive alternative courses of treatment and to testify on behalf of the detained person. In the case of a person with a developmental disability who has been determined to be incompetent pursuant to *RCW 10.77.645(7), the appointed professional person under this section shall be a developmental disabilities professional.
[ 2023 c 453 s 24; 2020 c 302 s 43; 2019 c 325 s 3007; 2017 3rd sp.s. c 14 s 19. Prior: 2016 sp.s. c 29 s 236; 2016 c 155 s 7; 2014 c 225 s 84; prior: 2009 c 293 s 5; 2009 c 217 s 4; 2008 c 213 s 8; 2006 c 333 s 303; 1998 c 297 s 17; 1997 c 112 s 25; 1989 c 420 s 14; 1987 c 439 s 8; 1975 1st ex.s. c 199 s 7; 1974 ex.s. c 145 s 21; 1973 1st ex.s. c 142 s 35.]
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—2019 c 325: See note following RCW 71.24.011.
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.
Effective date—2014 c 225: See note following RCW 71.24.016.
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.
(1) The petition for ninety day treatment shall be filed with the clerk of the superior court at least three days before expiration of the fourteen-day period of intensive treatment. The clerk shall set a trial setting date as provided in RCW 71.05.310 on the next judicial day after the date of filing the petition and notify the designated crisis responder. The designated crisis responder shall immediately notify the person detained, his or her attorney, if any, and his or her guardian or conservator, if any, the prosecuting attorney, and the behavioral health administrative services organization administrator, and provide a copy of the petition to such persons as soon as possible. The behavioral health administrative services organization administrator or designee may review the petition and may appear and testify at the full hearing on the petition.
(2) The attorney for the detained person shall advise him or her of his or her right to be represented by an attorney, his or her right to a jury trial, and, if the petition is for commitment for mental health treatment, his or her loss of firearm rights if involuntarily committed. If the detained person is not represented by an attorney, or is indigent or is unwilling to retain an attorney, the court shall immediately appoint an attorney to represent him or her. The court shall, if requested, appoint a reasonably available licensed physician, physician assistant, psychiatric advanced practice registered nurse, psychologist, psychiatrist, or other professional person, designated by the detained person to examine and testify on behalf of the detained person.
(3) The court may, if requested, also appoint a professional person as defined in RCW 71.05.020 to seek less restrictive alternative courses of treatment and to testify on behalf of the detained person. In the case of a person with a developmental disability who has been determined to be incompetent pursuant to *RCW 10.77.645(7), the appointed professional person under this section shall be a developmental disabilities professional.
[ 2025 c 58 s 5152; 2023 c 453 s 24; 2020 c 302 s 43; 2019 c 325 s 3007; 2017 3rd sp.s. c 14 s 19. Prior: 2016 sp.s. c 29 s 236; 2016 c 155 s 7; 2014 c 225 s 84; prior: 2009 c 293 s 5; 2009 c 217 s 4; 2008 c 213 s 8; 2006 c 333 s 303; 1998 c 297 s 17; 1997 c 112 s 25; 1989 c 420 s 14; 1987 c 439 s 8; 1975 1st ex.s. c 199 s 7; 1974 ex.s. c 145 s 21; 1973 1st ex.s. c 142 s 35.]
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.
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.
Findings—2023 c 453: See note following RCW 10.77.400.
Effective date—2019 c 325: See note following RCW 71.24.011.
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.
Effective date—2014 c 225: See note following RCW 71.24.016.
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 23
cases (5 in the last 5 years), 1978–2026 · leading case: Matter of Detention of Dydasco
Matter of Detention of Dydasco (1998)
“He relied on RCW 71.05.300, which requires petitions for 90-day treatment to be filed at least 3 days before the expiration of a 14-day period of intensive treatment, but *1113 says nothing about petitions for 180-day commitments.”
State v. Dydasco (1998)
“He relied on RCW 71.05.300, which requires petitions for 90-day treatment to be filed at least 3 days before the expiration of a 14-day period of intensive treatment, but says nothing about petitions for 180-day commitments.”
Diamond v. Cross (1983)
“See RCW 71.05.300. That petition must "summarize the facts which support the need for further confinement" and "describe in detail the behavior of the detained person which supports the petition".”
Dunner v. McLaughlin (1984)
“RCW 71.05.300. Additional commitment for 180 days is allowed only if the detainee is afforded another full hearing with the right to jury trial.”
In Re Detention of TAH-L. (2004)
“200(1)(b) (right to counsel at probable cause hearing); RCW 71.05.300 (right to counsel at commitment trial); RCW 71.”
Born v. Thompson (2005)
“See RCW 71.05.300 (requiring that “petition for ninety day treatment shall be filed .”
Snohomish County v. T.A.H.-L. (2004)
“200(l)(b) (right to counsel at probable cause hearing); RCW 71.05.300 (right to counsel at commitment trial); RCW 71.”
Born v. Thompson (2005)
“An individual may therefore be civilly committed under the preponderance standard for a period of time in excess of the maximum 29-day commitment of incompetent misdemeanant defendants.”
Sherwin v. Arveson (2007)
“The evidence *85 showed that professionals at the institution were pursuing less restrictive alternatives for his care and custody, an effort in which his counsel had joined.”
In Re Detention of As (1999)
“Also, when the State petitions for a 90-day commitment, the court, if requested, shall appoint a "licensed physician, psychologist, or psychiatrist, designated by the detained person to examine and testify on behalf of the detained person.”
State v. A.S. (1999)
“” RCW 71.05.300. Thus, a person subject to commitment receives ever-increasing procedural rights as the commitment duration lengthens.”
Allison v. Patterson (1978)
“Furthermore, although respondent contends the State is under no duty to seek less restrictive alternatives for incompetent persons, RCW 71.05.300 provides that, for any person for whom a 90-day petition has been filed: The court may, if requested, also appoint a professional…”
— Wash. Rev. Code § 71.05.300(1) — 5 cases
In Re The Detention Of M.s. (2021)
In Re Detention Of A.r. (2026)
In Re The Detention Of J.g. (2013)
In Re The Detention Of J.g. (2013)
— Wash. Rev. Code § 71.05.300(2) — 6 cases
In Re The Detention Of M.s. (2021)
In Re C.b. (2019)
In Re The Detention Of P.R. (2021)
Detention of J.S. (2025)
In Re The Detention Of J.g. (2013)
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