Wash. Rev. Code » Title 72 · Chapter 72.68
Revised Code of Washington

Wash. Rev. Code § 72.68.031 (2026)

Transfer or removal of person in correctional institution to institution for mentally ill

✓ current as of May 2026
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When, in the judgment of the secretary, the welfare of any person committed to or confined in any state correctional institution or facility necessitates that such person be transferred or moved for observation, diagnosis, or treatment to any state institution or facility for the care of the mentally ill, the secretary, with the consent of the secretary of social and health services, is authorized to order and effect such move or transfer: PROVIDED, That the sentence of such person shall continue to run as if he or she remained confined in a correctional institution or facility, and that such person shall not continue so detained or confined beyond the maximum term to which he or she was sentenced: PROVIDED, FURTHER, That the secretary and the indeterminate sentence review board shall adopt and implement procedures to assure that persons so transferred shall, while detained or confined at such institution or facility for the care of the mentally ill, be provided with substantially similar opportunities for parole or early release evaluation and determination as persons detained or confined in the state correctional institutions or facilities.
[ 2012 c 117 s 499; 1981 c 136 s 115; 1972 ex.s. c 59 s 1.]

Notes:

Effective date—1981 c 136: See RCW 72.09.900.
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1976–2024 · leading case: In Re the Pers. Restraint of Knapp, 687 P.2d 1145 (Wash. 1984).
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In Re the Pers. Restraint of Knapp, 687 P.2d 1145 (Wash. 1984). · cites it 8× “RCW 72.68.031. Once transferred, both his mandatory maximum and discretionary minimum terms will *472 continue to run during the period he is detained or confined at that mental health facility.”
State v. Osborn, 550 P.2d 513 (Wash. 1976). · cites it 6× “RCW 72.68.031; see RCW 72.68.032,.035. [5] We now reach petitioner's contentions.”
In Re the Pers. Restraint of Borders, 786 P.2d 789 (Wash. 1990). · cites it 4× “In reviewing their claims, the court noted that the Legislature in RCW 72.68.031 recognized that persons sent to prison and then transferred to a state hospital should be given credit for their time confined in the treatment facility.”
Harmon v. McNutt, 587 P.2d 537 (Wash. 1978). · cites it 2× “RCW 72.68.031, which gives the Department of Social and Health Services discretion to transfer a prisoner to an institution for the care of the mentally ill, was held to be unconstitutional insofar as it permits defendants to impose on the plaintiff psychiatric treatment which…”
State v. Harris, 789 P.2d 60 (Wash. 1990). · cites it 2× “Presently, the Department of Corrections has authority to transfer the prisoner to a state hospital for treatment, RCW 72.68.031, but is not required to initiate such transfers.”
State v. Anderson, 937 P.2d 581 (Wash. 1997). · cites it 3× “031 provides that a prisoner’s sentence shall continue to run if the prisoner needs mental care and is transferred to a state mental hospital.”
State v. McCarter, 588 P.2d 745 (Wash. 1978). “We find it significant that, if the defendant had been transferred to the sexual psychopath program from another correctional institution, his term of confinement at Western State Hospital would have been limited to his maximum criminal sentence under RCW 72.68.031. There does…”
Pierce v. Dept. of Soc. & Health Servs., 646 P.2d 1382 (Wash. 1982). · cites it 2× “05 or revoke the parole and recommend that the secretary of corrections and the secretary of social and health services transfer him to a state mental institution, pursuant to RCW 72.68.031. Accordingly, the trial court's order requiring a competency evaluation for petitioner is…”
Pierce v. Dep't of Soc. & Health Servs., 646 P.2d 1382 (Wash. 1982). · cites it 2× “05 or revoke the parole and recommend that the secretary of corrections and the secretary of social and health services transfer him to a state mental institution, pursuant to RCW 72.68.031. Accordingly, the trial court's order requiring a competency evaluation for petitioner is…”
State v. Anderson, 937 P.2d 581 (Wash. 1997). · cites it 3× “031 provides that a prisoner's sentence shall continue to run if the prisoner needs mental care and is transferred to a state mental hospital.”
In the Matter of the Det. of: Anthony Aguero (Wash. Ct. App. 2024). “34 RCW, transfer pursuant to RCW 72.68.031 through 72.68.037, or pursuant to court ordered evaluation and treatment not to exceed ninety days pending a criminal trial or sentencing.”
In the Matter of the Det. of: A.A. (Wash. Ct. App. 2024). “34 RCW, transfer pursuant to RCW 72.68.031 through 72.68.037, or pursuant to court ordered evaluation and treatment not to exceed ninety days pending a criminal trial or sentencing.”
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