Wash. Rev. Code » Title 71 · Chapter 71.05

Wash. Rev. Code § 71.05.340

Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(1)(a) When, in the opinion of the superintendent or the professional person in charge of the hospital or facility providing involuntary treatment, the committed person can be appropriately served by outpatient treatment prior to or at the expiration of the period of commitment, then such outpatient care may be required as a term of conditional release for a period which, when combined with the number of days the person has spent in inpatient treatment, shall not exceed 90 days if the underlying commitment was for a period of 14 or 90 days, or 180 days if the underlying commitment was for a period of 180 days. If the facility or agency designated to provide outpatient treatment is other than the facility providing involuntary treatment, the outpatient facility so designated must agree in writing to assume such responsibility. A copy of the terms of conditional release shall be given to the patient, the designated crisis responder in the county in which the patient is to receive outpatient treatment, and to the court of original commitment.
(b) Before a person committed under grounds set forth in RCW 71.05.280(3) or 71.05.320(4)(c) is conditionally released under (a) of this subsection, the superintendent or professional person in charge of the hospital or facility providing involuntary treatment shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision to conditionally release the person. Notice and a copy of the terms of conditional release shall be provided at least thirty days before the person is released from inpatient care. Within twenty days after receiving notice, the prosecuting attorney may petition the court in the county that issued the commitment order to hold a hearing to determine whether the person may be conditionally released and the terms of the conditional release. 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 guardian or conservator of the committed person, and the court of original commitment. If the county in which the committed person is to receive outpatient treatment is the same county in which the criminal charges against the committed person were dismissed, then the court shall, upon the motion of the prosecuting attorney, transfer the proceeding to the court in that county. The court shall conduct a hearing on the petition within ten days of the filing of 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 conditionally 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 conditional release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court upon the hearing, the conditional release of the person shall be approved by the court on the same or modified conditions or the person shall be returned for involuntary treatment on an inpatient basis 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.
(2) The facility or agency designated to provide outpatient care or the secretary of the department of social and health services may modify the conditions for continued release when such modification is in the best interest of the person. Notification of such changes shall be sent to all persons receiving a copy of the original conditions. Enforcement or revocation proceedings related to a conditional release may occur as provided under RCW 71.05.590.
[ 2021 c 264 s 12; 2018 c 201 s 3017; 2016 sp.s. c 29 s 240; 2015 c 250 s 12; 2009 c 322 s 1; 2000 c 94 s 8; 1998 c 297 s 21; 1997 c 112 s 28; 1987 c 439 s 10; 1986 c 67 s 6; 1979 ex.s. c 215 s 16; 1974 ex.s. c 145 s 24; 1973 1st ex.s. c 142 s 39.]

Notes:

Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
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 dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1983–2022 · leading case: Diamond v. Cross
Sort: Relevance Newest Treatment
Diamond v. Cross (1983) wash · cites it 20× “4 expressly provides that: "A mental health professional may commence new proceedings for 72-hour detention pursuant to RCW 71.”
In re the Detention of P.K. (2015) washctapp · cites it 6× “At the hearing on the petition, the trial court determines whether any of the grounds in RCW 71.05.340(3)(a) have been met and, if so, “whether the terms of conditional release should be modified or the person should be returned to the facility.”
In re the Detention of M.W. (2016) wash “330(1); former RCW 71.05.340(1) (2009). These ample protections help reduce the risk of erroneous decisions.”
Dunner v. McLaughlin (1984) wash “) Cross dealt with the due process rights of an individual detained for revocation of an order of less restrictive treatment entered pursuant to RCW 71.05.340. The court found that the failure of petitioners to state each of the alternative grounds on which petitioners sought to…”
Matter of Detention of Dydasco (1998) wash “We also note that less restrictive treatment can be revoked, as the State requested in this case, resulting in intensive treatment for a segment or even the remainder of the commitment period.”
State v. Dydasco (1998) wash “RCW 71.05.340. We therefore believe the 3-day notice requirement should be extended to those completing 90- or 180-day treatment, regardless of whether, at the outset, it is intensive or less restrictive.”
Volk v. DeMeerleer (2014) washctapp “330(2), (4) the professional conditionally releases, for purposes of outpatient treatment, the patient before the expiration of an involuntary commitment without notifying the county prosecuting attorney at least 30 days before release under RCW 71.05.340(l)(b), and (5) the…”
In re the Detention of Gaff (1998) washctapp “We also note that in a sexual predator commitment proceeding, the prosecutor is entitled to argue that a respondent’s future dangerousness prevents placement in a less restrictive setting than secure confinement.”
Matter of Detention of Rr (1995) washctapp · cites it 5× “3 Jackson signed two "Authorizations” for R.R.’s apprehension and detention, the first was dated May 12, 1992, and the second was dated May 14, 1992.”
State v. Bao Dinh Dang (2012) washctapp “By its explicit terms, that standard applies to conditional releases and less restrictive treatment under RCW 71.05.340 and RCW 71.05.320, respectively, not proceedings under chapter 10.”
State v. Nelson (1988) washctapp “The Cross court, at pages 379-80, found that the Court Commissioner lacked jurisdiction to order the mentally disabled person's return to inpatient treatment since he failed to make the requisite RCW 71.05.340(3) finding of noncompliance with the conditions of release, and the…”
In Re Detention Of: P.p. (2018) washctapp “335 (1986); former RCW 71.05.340 (2015); RCW 10.77.270. If a person suffering from a mental disorder who had felony charges dismissed due to incompetency was given the opportunity to become a good faith voluntary patient, these statutory protections would be compromised and…”
Show all 22 citing cases →
— Wash. Rev. Code § 71.05.340(1) — 3 cases
In re the Detention of M.W. (2016) wash “330(1); former RCW 71.05.340(1) (2009). These ample protections help reduce the risk of erroneous decisions.”
In re Det. of M. W. (2016) wash
In Re The Detention Of S.c. (2014) washctapp
— Wash. Rev. Code § 71.05.340(1)(a) — 1 case
In Re The Detention Of J.m. (2022) washctapp
— Wash. Rev. Code § 71.05.340(3) — 4 cases
Diamond v. Cross (1983) wash “4 expressly provides that: "A mental health professional may commence new proceedings for 72-hour detention pursuant to RCW 71.”
State v. Nelson (1988) washctapp “The Cross court, at pages 379-80, found that the Court Commissioner lacked jurisdiction to order the mentally disabled person's return to inpatient treatment since he failed to make the requisite RCW 71.05.340(3) finding of noncompliance with the conditions of release, and the…”
Matter of Detention of Rr (1995) washctapp “3 Jackson signed two "Authorizations” for R.R.’s apprehension and detention, the first was dated May 12, 1992, and the second was dated May 14, 1992.”
In Re The Detention Of Marshall Mcgrath (2016) washctapp
— Wash. Rev. Code § 71.05.340(3)(a) — 6 cases
In re the Detention of P.K. (2015) washctapp “At the hearing on the petition, the trial court determines whether any of the grounds in RCW 71.05.340(3)(a) have been met and, if so, “whether the terms of conditional release should be modified or the person should be returned to the facility.”
In Re The Detention Of Marshall Mcgrath (2016) washctapp
In Re The Detention Of S.c. (2014) washctapp
Estate of Viola Williams v. Lourdes Health Network (2016) washctapp
In Re The Detention Of P. K. (2015) washctapp
— Wash. Rev. Code § 71.05.340(3)(a)(i) — 2 cases
In Re The Detention Of P. K. (2015) washctapp
In Re The Detention Of P. K.13 (2015) washctapp
— Wash. Rev. Code § 71.05.340(3)(c) — 3 cases
In re the Detention of P.K. (2015) washctapp “At the hearing on the petition, the trial court determines whether any of the grounds in RCW 71.05.340(3)(a) have been met and, if so, “whether the terms of conditional release should be modified or the person should be returned to the facility.”
In Re The Detention Of P. K.13 (2015) washctapp
In Re The Detention Of P. K. (2015) washctapp
— Wash. Rev. Code § 71.05.340(3)(d) — 5 cases
In re the Detention of P.K. (2015) washctapp “At the hearing on the petition, the trial court determines whether any of the grounds in RCW 71.05.340(3)(a) have been met and, if so, “whether the terms of conditional release should be modified or the person should be returned to the facility.”
In Re The Detention Of S.c. (2014) washctapp
Estate of Viola Williams v. Lourdes Health Network (2016) washctapp
In Re The Detention Of P. K. (2015) washctapp
In Re The Detention Of P. K.13 (2015) washctapp
— Wash. Rev. Code § 71.05.340(5) — 2 cases
Matter of Detention of Rr (1995) washctapp “3 Jackson signed two "Authorizations” for R.R.’s apprehension and detention, the first was dated May 12, 1992, and the second was dated May 14, 1992.”
In Re The Detention Of S.c. (2014) washctapp
— Wash. Rev. Code § 71.05.340(l)(a) — 1 case
Matter of Detention of Rr (1995) washctapp “3 Jackson signed two "Authorizations” for R.R.’s apprehension and detention, the first was dated May 12, 1992, and the second was dated May 14, 1992.”
— Wash. Rev. Code § 71.05.340(l)(b) — 1 case
Volk v. DeMeerleer (2014) washctapp “330(2), (4) the professional conditionally releases, for purposes of outpatient treatment, the patient before the expiration of an involuntary commitment without notifying the county prosecuting attorney at least 30 days before release under RCW 71.05.340(l)(b), and (5) the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.