(1) If a petition
is filed for fourteen day involuntary treatment or ninety days of
less restrictive alternative treatment, the court shall hold a
probable cause hearing within seventy-two hours of the initial
detention of such person as determined in RCW 71.05.180. If
requested by the detained person or his or her attorney, the
hearing may be postponed for a period not to exceed forty-eight
hours. The hearing may also be continued subject to the
conditions set forth in RCW 71.05.210 or subject to the
petitioner's showing of good cause for a period not to exceed
twenty-four hours.
(2) The court at the time of the probable cause hearing and
before an order of commitment is entered shall inform the person
both orally and in writing that the failure to make a good faith
effort to seek voluntary treatment as provided in RCW 71.05.230
will result in the loss of his or her firearm rights if the
person is subsequently detained for involuntary treatment under
this section.
(3) At the conclusion of the probable cause hearing, if the
court finds by a preponderance of the evidence that such person,
as the result of mental disorder, presents a likelihood of
serious harm, or is gravely disabled, and, after considering less
restrictive alternatives to involuntary detention and treatment,
finds that no such alternatives are in the best interests of such
person or others, the court shall order that such person be
detained for involuntary treatment not to exceed fourteen days in
a facility certified to provide treatment by the department. If
the court finds that such person, as the result of a mental
disorder, presents a likelihood of serious harm, or is gravely
disabled, but that treatment in a less restrictive setting than
detention is in the best interest of such person or others, the
court shall order an appropriate less restrictive course of
treatment for not to exceed ninety days.
(4) The court shall specifically state to such person and
give such person notice in writing that if involuntary treatment
beyond the fourteen day period or beyond the ninety days of less
restrictive treatment is to be sought, such person will have the
right to a full hearing or jury trial as required by RCW 71.05.310. The court shall also state to the person and provide
written notice that the person is barred from the possession of
firearms and that the prohibition remains in effect until a court
restores his or her right to possess a firearm under RCW 9.41.047.
[2009 c 293 § 4; 1997 c 112 § 19; 1992 c 168 § 3; 1987 c 439 § 5; 1979 ex.s. c 215 § 13; 1974 ex.s. c 145 § 16; 1973 1st ex.s. c 142 § 29.]
NOTES:
Severability -- 1992 c 168: See note following RCW 9.41.070.