As used in this chapter:
(1) "Admission" means acceptance based on medical necessity,
of a person as a patient.
(2) "Commitment" means the determination by a court that a
person should be detained for a period of either evaluation or
treatment, or both, in an inpatient or a less-restrictive
setting.
(3) "Conditional release" means modification of a
court-ordered commitment, which may be revoked upon violation of
any of its terms.
(4) A "criminally insane" person means any person who has
been acquitted of a crime charged by reason of insanity, and
thereupon found to be a substantial danger to other persons or to
present a substantial likelihood of committing criminal acts
jeopardizing public safety or security unless kept under further
control by the court or other persons or institutions.
(5) "Department" means the state department of social and
health services.
(6) "Designated mental health professional" has the same
meaning as provided in RCW 71.05.020.
(7) "Detention" or "detain" means the lawful confinement of
a person, under the provisions of this chapter, pending
evaluation.
(8) "Developmental disabilities professional" means a person
who has specialized training and three years of experience in
directly treating or working with persons with developmental
disabilities and is a psychiatrist or psychologist, or a social
worker, and such other developmental disabilities professionals
as may be defined by rules adopted by the secretary.
(9) "Developmental disability" means the condition as
defined in RCW 71A.10.020(3).
(10) "Discharge" means the termination of hospital medical
authority. The commitment may remain in place, be terminated, or
be amended by court order.
(11) "Furlough" means an authorized leave of absence for a
resident of a state institution operated by the department
designated for the custody, care, and treatment of the criminally
insane, consistent with an order of conditional release from the
court under this chapter, without any requirement that the
resident be accompanied by, or be in the custody of, any law
enforcement or institutional staff, while on such unescorted
leave.
(12) "Habilitative services" means those services provided
by program personnel to assist persons in acquiring and
maintaining life skills and in raising their levels of physical,
mental, social, and vocational functioning. Habilitative
services include education, training for employment, and therapy.
The habilitative process shall be undertaken with recognition of
the risk to the public safety presented by the person being
assisted as manifested by prior charged criminal conduct.
(13) "History of one or more violent acts" means violent
acts committed during: (a) The ten-year period of time prior to
the filing of criminal charges; plus (b) the amount of time equal
to time spent during the ten-year period in a mental health
facility or in confinement as a result of a criminal conviction.
(14) "Incompetency" means a person lacks the capacity to
understand the nature of the proceedings against him or her or to
assist in his or her own defense as a result of mental disease or
defect.
(15) "Indigent" means any person who is financially unable
to obtain counsel or other necessary expert or professional
services without causing substantial hardship to the person or
his or her family.
(16) "Individualized service plan" means a plan prepared by
a developmental disabilities professional with other
professionals as a team, for an individual with developmental
disabilities, which shall state:
(a) The nature of the person's specific problems, prior
charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the
purposes of habilitation;
(c) The intermediate and long-range goals of the
habilitation program, with a projected timetable for the
attainment;
(d) The rationale for using this plan of habilitation to
achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and
due consideration for public safety, the criteria for proposed
movement to less-restrictive settings, criteria for proposed
eventual release, and a projected possible date for release; and
(g) The type of residence immediately anticipated for the
person and possible future types of residences.
(17) "Professional person" means:
(a) A psychiatrist licensed as a physician and surgeon in
this state who has, in addition, completed three years of
graduate training in psychiatry in a program approved by the
American medical association or the American osteopathic
association and is certified or eligible to be certified by the
American board of psychiatry and neurology or the American
osteopathic board of neurology and psychiatry;
(b) A psychologist licensed as a psychologist pursuant to
chapter 18.83 RCW; or
(c) A social worker with a master's or further advanced
degree from an accredited school of social work or a degree
deemed equivalent under rules adopted by the secretary.
(18) "Registration records" include all the records of the
department, regional support networks, treatment facilities, and
other persons providing services to the department, county
departments, or facilities which identify persons who are
receiving or who at any time have received services for mental
illness.
(19) "Release" means legal termination of the court-ordered
commitment under the provisions of this chapter.
(20) "Secretary" means the secretary of the department of
social and health services or his or her designee.
(21) "Treatment" means any currently standardized medical or
mental health procedure including medication.
(22) "Treatment records" include registration and all other
records concerning persons who are receiving or who at any time
have received services for mental illness, which are maintained
by the department, by regional support networks and their staffs,
and by treatment facilities. Treatment records do not include
notes or records maintained for personal use by a person
providing treatment services for the department, regional support
networks, or a treatment facility if the notes or records are not
available to others.
(23) "Violent act" means behavior that: (a)(i) Resulted in;
(ii) if completed as intended would have resulted in; or (iii)
was threatened to be carried out by a person who had the intent
and opportunity to carry out the threat and would have resulted
in, homicide, nonfatal injuries, or substantial damage to
property; or (b) recklessly creates an immediate risk of serious
physical injury to another person. As used in this subsection,
"nonfatal injuries" means physical pain or injury, illness, or an
impairment of physical condition. "Nonfatal injuries" shall be
construed to be consistent with the definition of "bodily
injury," as defined in RCW 9A.04.110.
[2005 c 504 § 106; 2004 c 157 § 2; 2000 c 94 § 12. Prior: 1999 c 143 § 49; 1999 c 13 § 2; 1998 c 297 § 29; 1993 c 31 § 4; 1989 c 420 § 3; 1983 c 122 § 1; 1974 ex.s. c 198 § 1; 1973 1st ex.s. c 117 § 1.]
NOTES:
Findings -- Intent--Severability -- Application -- Construction -- Captions, part headings, subheadings not law -- Adoption of rules -- Effective dates -- 2005 c 504: See notes following RCW 71.05.027.
Alphabetization -- Correction of references -- 2005 c 504: See note following RCW 71.05.020.
Findings -- Intent--2004 c 157: "The legislature finds that
recent state and federal case law requires clarification of state
statutes with regard to competency evaluations and involuntary
medication ordered in the context of competency restoration.
The legislature finds that the court in Born v. Thompson,
117 Wn. App. 57 (2003) interpreted the term "nonfatal injuries"
in a manner that conflicts with the stated intent of the
legislature to: "(1) Clarify that it is the nature of a person's
current conduct, current mental condition, history, and
likelihood of committing future acts that pose a threat to public
safety or himself or herself, rather than simple categorization
of offenses, that should determine treatment procedures and
level; ... and (3) provide additional opportunities for mental
health treatment for persons whose conduct threatens himself or
herself or threatens public safety and has led to contact with
the criminal justice system" as stated in section 1, chapter 297,
Laws of 1998. Consequently, the legislature intends to clarify
that it intended "nonfatal injuries" to be interpreted in a
manner consistent with the purposes of the competency restoration
statutes.
The legislature also finds that the decision in Sell v.
United States, ___U.S. ____ (2003), requires a determination
whether a particular criminal offense is "serious" in the context
of competency restoration and the state's duty to protect the
public. The legislature further finds that, in order to
adequately protect the public and in order to provide additional
opportunities for mental health treatment for persons whose
conduct threatens themselves or threatens public safety and has
led to contact with the criminal justice system in the state, the
determination of those criminal offenses that are "serious"
offenses must be made consistently throughout the state. In
order to facilitate this consistency, the legislature intends to
determine those offenses that are serious in every case as well
as the standards by which other offenses may be determined to be
serious. The legislature also intends to clarify that a court
may, to the extent permitted by federal law and required by the
Sell decision, inquire into the civil commitment status of a
defendant and may be told, if known." [2004 c 157 § 1.]
Severability -- 2004 c 157: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2004 c 157 § 7.]
Effective date -- 2004 c 157: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2004]." [2004 c 157 § 8.]
Purpose -- Construction -- 1999 c 13: "The purpose of this act is to make technical nonsubstantive changes to chapters 10.77 and 71.05 RCW. No provision of this act shall be construed as a substantive change in the provisions dealing with persons charged with crimes who are subject to evaluation under chapter 10.77 or 71.05 RCW." [1999 c 13 § 1.]
Alphabetization of section -- 1998 c 297 § 29: "The code reviser shall alphabetize the definitions in RCW 10.77.010 and correct any references." [1998 c 297 § 51.]
Effective dates--Severability -- Intent -- 1998 c 297: See notes following RCW 71.05.010.