71.05.325 - Release -- Authorized leave -- Notice to prosecuting attorney. - Washington Statutes

Release — Authorized leave — Notice to prosecuting attorney.

(1) Before a person committed under grounds set forth in RCW 71.05.280(3) is released because a new petition for involuntary treatment has not been filed under *RCW 71.05.320(2), the superintendent, professional person, or designated mental health professional responsible for the decision whether to file a new petition shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision not to file a new petition for involuntary treatment. Notice shall be provided at least forty-five days before the period of commitment expires.

     (2)(a) Before a person committed under grounds set forth in RCW 71.05.280(3) is permitted temporarily to leave a treatment facility pursuant to RCW 71.05.270 for any period of time without constant accompaniment by facility staff, the superintendent, professional person in charge of a treatment facility, or his or her professional designee shall in writing notify the prosecuting attorney of any county of the person's destination and the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed. The notice shall be provided at least forty-five days before the anticipated leave and shall describe the conditions under which the leave is to occur.

     (b) The provisions of RCW 71.05.330(2) apply to proposed leaves, and either or both prosecuting attorneys receiving notice under this subsection may petition the court under RCW 71.05.330(2).

     (3) Nothing in this section shall be construed to authorize detention of a person unless a valid order of commitment is in effect.

     (4) The existence of the notice requirements in this section will not require any extension of the leave date in the event the leave plan changes after notification.

     (5) The notice requirements contained in this section shall not apply to emergency medical transfers.

     (6) The notice provisions of this section are in addition to those provided in RCW 71.05.425.

[2000 c 94 § 7; 1994 c 129 § 8; 1990 c 3 § 111; 1989 c 401 § 1; 1986 c 67 § 2.]

Notes: *Reviser's note: RCW 71.05.320 was amended by 2006 c 333 § 304, changing subsection (2) to subsection (3).

Findings -- Intent -- 1994 c 129: See note following RCW 4.24.550.

Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.