(1) If the court or
jury finds that grounds set forth in RCW 71.05.280 have been
proven and that the best interests of the person or others will
not be served by a less restrictive treatment which is an
alternative to detention, the court shall remand him or her to
the custody of the department or to a facility certified for
ninety day treatment by the department for a further period of
intensive treatment not to exceed ninety days from the date of
judgment: PROVIDED, That
(a) If the grounds set forth in RCW 71.05.280(3) are the
basis of commitment, then the period of treatment may be up to
but not exceed one hundred eighty days from the date of judgment
in a facility certified for one hundred eighty day treatment by
the department.
(b) If the committed person is developmentally disabled and has been determined incompetent
pursuant to *RCW 10.77.090(4), and the best interests of the
person or others will not be served by a less-restrictive
treatment which is an alternative to detention, the court shall
remand him or her to the custody of the department or to a
facility certified for one hundred eighty-day treatment by the
department. When appropriate and subject to available funds,
treatment and training of such persons must be provided in a
program specifically reserved for the treatment and training of developmentally disabled persons. A person so committed shall
receive habilitation services pursuant to an individualized
service plan specifically developed to treat the behavior which
was the subject of the criminal proceedings. The treatment
program shall be administered by developmental disabilities
professionals and others trained specifically in the needs of developmentally disabled persons. The department may limit
admissions to this specialized program in order to ensure that
expenditures for services do not exceed amounts appropriated by
the legislature and allocated by the department for such
services. The department may establish admission priorities in
the event that the number of eligible persons exceeds the limits
set by the department. An order for treatment less restrictive
than involuntary detention may include conditions, and if such
conditions are not adhered to, the designated mental health
professional or developmental disabilities professional may order
the person apprehended under the terms and conditions of RCW 71.05.340.
(2) If the court or jury finds that grounds set forth in RCW 71.05.280 have been proven, but finds that treatment less
restrictive than detention will be in the best interest of the
person or others, then the court shall remand him or her to the
custody of the department or to a facility certified for ninety
day treatment by the department or to a less restrictive
alternative for a further period of less restrictive treatment
not to exceed ninety days from the date of judgment: PROVIDED,
That if the grounds set forth in RCW 71.05.280(3) are the basis
of commitment, then the period of treatment may be up to but not
exceed one hundred eighty days from the date of judgment.
(3) The person shall be released from involuntary treatment
at the expiration of the period of commitment imposed under
subsection (1) or (2) of this section unless the superintendent
or professional person in charge of the facility in which he or
she is confined, or in the event of a less restrictive
alternative, the designated mental health professional or
developmental disabilities professional, files a new petition for
involuntary treatment on the grounds that the committed person;
(a) During the current period of court ordered treatment:
(i) Has threatened, attempted, or inflicted physical harm upon
the person of another, or substantial damage upon the property of
another, and (ii) as a result of mental disorder or developmental
disability presents a likelihood of serious harm; or
(b) Was taken into custody as a result of conduct in which
he or she attempted or inflicted serious physical harm upon the
person of another, and continues to present, as a result of
mental disorder or developmental disability a likelihood of
serious harm; or
(c) Is in custody pursuant to RCW 71.05.280(3) and as a
result of mental disorder or developmental disability presents a
substantial likelihood of repeating similar acts considering the
charged criminal behavior, life history, progress in treatment,
and the public safety; or
(d) Continues to be gravely disabled.
If the conduct required to be proven in (b) and (c) of this
subsection was found by a judge or jury in a prior trial under
this chapter, it shall not be necessary to reprove that element.
Such new petition for involuntary treatment shall be filed and
heard in the superior court of the county of the facility which
is filing the new petition for involuntary treatment unless good
cause is shown for a change of venue. The cost of the
proceedings shall be borne by the state.
The hearing shall be held as provided in RCW 71.05.310, and
if the court or jury finds that the grounds for additional
confinement as set forth in this subsection are present, the
court may order the committed person returned for an additional
period of treatment not to exceed one hundred eighty days from
the date of judgment. At the end of the one hundred eighty day
period of commitment, the committed person shall be released
unless a petition for another one hundred eighty day period of
continued treatment is filed and heard in the same manner as
provided in this subsection. Successive one hundred eighty day
commitments are permissible on the same grounds and pursuant to
the same procedures as the original one hundred eighty day
commitment.
(4) No person committed as provided in this section may be
detained unless a valid order of commitment is in effect. No
order of commitment can exceed one hundred eighty days in length.
[2006 c 333 § 304; 1999 c 13 § 7; 1997 c 112 § 26; 1989 c 420 § 15; 1986 c 67 § 5; 1979 ex.s. c 215 § 15; 1975 1st ex.s. c 199 § 9; 1974 ex.s. c 145 § 23; 1973 1st ex.s. c 142 § 37.]
NOTES:
*Reviser's note: RCW 10.77.090 was repealed by 2007 c 375 § 17. Later enactment, see RCW 10.77.086.
Finding -- Purpose -- Intent -- Severability--Part headings not law -- Effective dates -- 2006 c 333: See notes following RCW 71.24.016.
Purpose -- Construction -- 1999 c 13: See note following RCW 10.77.010.