Revised Code of Washington

Wash. Rev. Code § 71.05.330 (2026)

✓ current as of May 2026

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(1) Nothing in this chapter shall prohibit the superintendent or professional person in charge of the hospital or facility in which the person is being involuntarily treated from releasing him or her prior to the expiration of the commitment period when, in the opinion of the superintendent or professional person in charge, the person being involuntarily treated no longer presents a likelihood of serious harm.

Whenever the superintendent or professional person in charge of a hospital or facility providing involuntary treatment pursuant to this chapter releases a person prior to the expiration of the period of commitment, the superintendent or professional person in charge shall in writing notify the court which committed the person for treatment.

(2) Before a person committed under grounds set forth in RCW 71.05.280(3) or 71.05.320(4)(c) is released under this section, the superintendent or professional person in charge shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the release date. Notice shall be provided at least thirty days before the release date. Within twenty days after receiving notice, the prosecuting attorney may petition the court in the county in which the person is being involuntarily treated for a hearing to determine whether the person is to be released. The prosecuting attorney shall provide a copy of the petition to the superintendent or professional person in charge of the hospital or facility providing involuntary treatment, the attorney, if any, and the guardian or conservator of the committed person. The court shall conduct a hearing on the petition within ten days of filing the petition. The committed person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as set forth in this subsection and except that there shall be no right to jury trial. The issue to be determined at the hearing is whether or not the person may be released without substantial danger to other persons, or substantial likelihood of committing criminal acts jeopardizing public safety or security. If the court disapproves of the release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court upon the hearing, the committed person shall be released or shall be returned for involuntary treatment subject to release at the end of the period for which he or she was committed, or otherwise in accordance with the provisions of this chapter.

[ 2018 c 201 s 3015; 1998 c 297 s 20; 1997 c 112 s 27; 1986 c 67 s 1; 1973 1st ex.s. c 142 s 38.]

Notes:

Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.

Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 2000–2021 · leading case: Volk v. DeMeerleer, 337 P.3d 372 (Wash. Ct. App. 2014).

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Volk v. DeMeerleer, 337 P.3d 372 (Wash. Ct. App. 2014). · cites it 2× “(2) This section does not relieve a person from giving the required notices under RCW 71.05.330(2) or 71.05.340(l)(b), or the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat of…”

Est. of Davis v. Dep't of Corr., 113 P.3d 487 (Wash. Ct. App. 2005). “(2) This section does not relieve a person from giving the required notices under RCW 71.05.330(2) or 71.05.340(1)(b), or the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat of…”

Petersen v. State, 36 P.3d 1053 (Wash. Ct. App. 2000). “[22] RCW 71.05.330(1) & (2) state in relevant part: Nothing in [RCW 71.”

In Re Det. Of: P.p., 431 P.3d 550 (Wash. Ct. App. 2018). “325 (2000); former RCW 71.05.330 (1998); former RCW 71.05.335 (1986); former RCW 71.”

Petersen v. State, 36 P.3d 1053 (Wash. Ct. App. 2000). “in which the person is being involuntarily treated from releasing him or her prior to the expiration of the commitment period when, in the opinion of the superintendent.”

In Re The Det. Of: M.l.h., Iv, 480 P.3d 518 (Wash. Ct. App. 2021). “Under RCW 71.05.330 the prosecutor where charges were dismissed must be notified if the committed individual is going to be released early and the prosecutor may petition the court for a hearing to determine if that individual should be released.”

Brian P. Winkler v. James \Jim\" B. Demeerleer" (Wash. Ct. App. 2014). · cites it 2× “(2) This section does not relieve a person from giving the required notices under RCW 71.05.330(2) or 71.05.340(1)(b), or the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat ofphysical…”

In re Det. of M. W. (Wash. 2016). “RCW 71.05.330(1); former RCW 71.05.340(1) (2009).”

State Of Washington v. Akeem I. Slye (Wash. Ct. App. 2020). “05, appropriate notification will be provided pursuant to RCW 71.05.330, RCW 71.05.340, or RCW 71.05.”

Michael Konicke, Et Ano. v. Evergreen Emergency Servs., Et Ano. (Wash. Ct. App. 2021). “(3) This section does not relieve a person from giving the required notices under RCW 71.05.330(2) or 71.05.340(1)(b), or the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat of…”

— Wash. Rev. Code § 71.05.330(1) — 3 cases

Petersen v. State, 36 P.3d 1053 (Wash. Ct. App. 2000). “[22] RCW 71.05.330(1) & (2) state in relevant part: Nothing in [RCW 71.”

In re Det. of M. W. (Wash. 2016). “RCW 71.05.330(1); former RCW 71.05.340(1) (2009).”

— Wash. Rev. Code § 71.05.330(2) — 4 cases

Volk v. DeMeerleer, 337 P.3d 372 (Wash. Ct. App. 2014). “(2) This section does not relieve a person from giving the required notices under RCW 71.05.330(2) or 71.05.340(l)(b), or the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat of…”

Brian P. Winkler v. James \Jim\" B. Demeerleer" (Wash. Ct. App. 2014). “(2) This section does not relieve a person from giving the required notices under RCW 71.05.330(2) or 71.05.340(1)(b), or the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat ofphysical…”

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