Wash. Rev. Code » Title 71 · Chapter 71.05
Revised Code of Washington

Wash. Rev. Code § 71.05.360 (2026)

Rights of involuntarily detained persons

✓ current as of May 2026
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Notes:

Reviser's note: RCW 71.05.360 was amended by 2020 c 312 s 731 without reference to its repeal by 2020 c 302 s 104. It has been decodified for publication purposes under RCW 1.12.025.
Notes of Decisions
Cited in 25 cases (2 in the last 5 years), 1982–2022 · leading case: State v. Stout, 159 Wash. 2d 357 (Wash. 2007).
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State v. Stout, 159 Wash. 2d 357 (Wash. 2007). · cites it 3× “310 states that those facing civil commitment shall be afforded proceedings that “in all respects accord with the constitutional guarantees of due process of law.”
In Re Det. of Stout, 150 P.3d 86 (Wash. 2007). · cites it 3× “310 states that those facing civil commitment shall be afforded proceedings that "in all respects accord with the constitutional guarantees of due process of law.”
In re the Det. of M.W., 374 P.3d 1123 (Wash. 2016). · cites it 2× “In addition to the statutory and regulatory basis allowing individuals the right to counsel under the ITA, see RCW 71.05.360(5)(b); WAC 388-865-0566(2), the record in this case also demonstrates that M.”
Seaton v. Mayberg, 610 F.3d 530 (9th Cir. 2010). · cites it 2× “2d 97, 104 (1976)); Wash. Rev.Code § 71.05.360(9) (2008); In re R.”
In Re Det. of JS, 159 P.3d 435 (Wash. Ct. App. 2007). · cites it 4× “[ [10] ]" RCW 71.05.360(1)(b). This Washington statute thus implies the need for a separate competency determination, mirroring the express requirement in the analogous Illinois statute.”
State v. J.S., 138 Wash. App. 882 (Wash. Ct. App. 2007). · cites it 4× “360(11), which requires the court to appoint counsel if the individual “so elects”: Every person involuntarily detained shall immediately be informed of his or her right to a hearing to review the legality of his or her detention and of his or her right to counsel, by the…”
In Re The Det. Of J.m., 501 P.3d 187 (Wash. Ct. App. 2022). · cites it 14× “The plain language states that an individual has the right to remain silent “[a]t the probable cause hearing.” Former RCW 71.”
In re the Det. of D.W., 332 P.3d 423 (Wash. 2014). “” RCW 71.05.360(2). The ITA also repeatedly provides that those involuntarily detained for evaluation, stabilization, and treatment are to be held in certified evaluation and treatment facilities.”
In re the Det. of P.K., 358 P.3d 411 (Wash. Ct. App. 2015). · cites it 2× “relies on RCW 71.05.360(9), which provides that “[t]he record maker shall not be required to testify in order to introduce medical or psychological records of the detained person so long as the requirements of RCW 5.”
Magney v. Pham, 466 P.3d 1077 (Wash. 2020). “34 RCW [abuse of vulnerable adults] or RCW 71.05.360 (8) and (9) [involuntary treatment act disclosures]; or (e) To any individual if the mental health counselor, independent clinical social worker, or marriage and family therapist licensed under chapter 18.”
Matter of Det. of Js, 880 P.2d 976 (Wash. 1994). “Although they cite RCW 71.05.360(2), which states that individuals involuntarily detained "shall have the right to adequate care and individualized treatment”, they fail to demonstrate that the care at Western State is not adequate.”
Pierce Cnty. Off. of Involuntary Commitment v. W. State Hosp., 644 P.2d 131 (Wash. 1982). “Also, RCW 71.05.360(2) gives all persons detained or committed pursuant to the involuntary treatment act the right to adequate care and individualized treatment.”
Show all 25 citing cases →
— Wash. Rev. Code § 71.05.360(1)(a) — 2 cases
In Re The Det. Of J.m., 501 P.3d 187 (Wash. Ct. App. 2022). “The plain language states that an individual has the right to remain silent “[a]t the probable cause hearing.” Former RCW 71.”
In re Det. of M. W. (Wash. 2016).
— Wash. Rev. Code § 71.05.360(1)(b) — 1 case
In Re Det. of JS, 159 P.3d 435 (Wash. Ct. App. 2007). “[ [10] ]" RCW 71.05.360(1)(b). This Washington statute thus implies the need for a separate competency determination, mirroring the express requirement in the analogous Illinois statute.”
— Wash. Rev. Code § 71.05.360(11) — 2 cases
In Re Det. of JS, 159 P.3d 435 (Wash. Ct. App. 2007). “[ [10] ]" RCW 71.05.360(1)(b). This Washington statute thus implies the need for a separate competency determination, mirroring the express requirement in the analogous Illinois statute.”
State v. J.S., 138 Wash. App. 882 (Wash. Ct. App. 2007). “360(11), which requires the court to appoint counsel if the individual “so elects”: Every person involuntarily detained shall immediately be informed of his or her right to a hearing to review the legality of his or her detention and of his or her right to counsel, by the…”
— Wash. Rev. Code § 71.05.360(2) — 6 cases
In re the Det. of D.W., 332 P.3d 423 (Wash. 2014). “” RCW 71.05.360(2). The ITA also repeatedly provides that those involuntarily detained for evaluation, stabilization, and treatment are to be held in certified evaluation and treatment facilities.”
Matter of Det. of Js, 880 P.2d 976 (Wash. 1994). “Although they cite RCW 71.05.360(2), which states that individuals involuntarily detained "shall have the right to adequate care and individualized treatment”, they fail to demonstrate that the care at Western State is not adequate.”
Pierce Cnty. Off. of Involuntary Commitment v. W. State Hosp., 644 P.2d 131 (Wash. 1982). “Also, RCW 71.05.360(2) gives all persons detained or committed pursuant to the involuntary treatment act the right to adequate care and individualized treatment.”
In re C.V., 428 P.3d 407 (Wash. Ct. App. 2018).
State Of Washington v. C. v. (Wash. Ct. App. 2018).
— Wash. Rev. Code § 71.05.360(5) — 3 cases
State v. Stout, 159 Wash. 2d 357 (Wash. 2007). “310 states that those facing civil commitment shall be afforded proceedings that “in all respects accord with the constitutional guarantees of due process of law.”
In Re Det. of Stout, 150 P.3d 86 (Wash. 2007). “310 states that those facing civil commitment shall be afforded proceedings that "in all respects accord with the constitutional guarantees of due process of law.”
In Re The Det. Of: D.s. (Wash. Ct. App. 2014).
— Wash. Rev. Code § 71.05.360(5)(b) — 2 cases
In re the Det. of M.W., 374 P.3d 1123 (Wash. 2016). “In addition to the statutory and regulatory basis allowing individuals the right to counsel under the ITA, see RCW 71.05.360(5)(b); WAC 388-865-0566(2), the record in this case also demonstrates that M.”
In re Det. of M. W. (Wash. 2016).
— Wash. Rev. Code § 71.05.360(5)(e) — 1 case
In re Det. of M. W. (Wash. 2016).
— Wash. Rev. Code § 71.05.360(8) — 2 cases
In Re The Det. Of D.a. v. State Of Washington (Wash. Ct. App. 2020).
In Re The Det. Of: J.n. (Wash. Ct. App. 2017).
— Wash. Rev. Code § 71.05.360(8)(c) — 2 cases
State v. Lane, 332 P.3d 1042 (Wash. Ct. App. 2014).
In Re The Det. Of: Alberto S. Lane (Wash. Ct. App. 2014).
— Wash. Rev. Code § 71.05.360(8)(d) — 1 case
In Re The Det. Of J.m., 501 P.3d 187 (Wash. Ct. App. 2022). “The plain language states that an individual has the right to remain silent “[a]t the probable cause hearing.” Former RCW 71.”
— Wash. Rev. Code § 71.05.360(9) — 5 cases
Seaton v. Mayberg, 610 F.3d 530 (9th Cir. 2010). “2d 97, 104 (1976)); Wash. Rev.Code § 71.05.360(9) (2008); In re R.”
In re the Det. of P.K., 358 P.3d 411 (Wash. Ct. App. 2015). “relies on RCW 71.05.360(9), which provides that “[t]he record maker shall not be required to testify in order to introduce medical or psychological records of the detained person so long as the requirements of RCW 5.”
State Of Washington, Resp. v. K. H. App. (Wash. Ct. App. 2014).
In Re The Det. Of P. K. (Wash. Ct. App. 2015).
In Re The Det. Of P. K.13 (Wash. Ct. App. 2015).
— Wash. Rev. Code § 71.05.360(l)(a) — 1 case
In re the Det. of M.W., 374 P.3d 1123 (Wash. 2016). “In addition to the statutory and regulatory basis allowing individuals the right to counsel under the ITA, see RCW 71.05.360(5)(b); WAC 388-865-0566(2), the record in this case also demonstrates that M.”
— Wash. Rev. Code § 71.05.360(l)(b) — 1 case
State v. J.S., 138 Wash. App. 882 (Wash. Ct. App. 2007). “360(11), which requires the court to appoint counsel if the individual “so elects”: Every person involuntarily detained shall immediately be informed of his or her right to a hearing to review the legality of his or her detention and of his or her right to counsel, by the…”
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