History and Overview of Involuntary Treatment in Washington State

1973 Involuntary Treatment Act (ITA) passed to protect rights of the mentally ill, protect public safety, and encourage efficient use of services in the community, when appropriate. 71.05 RCW went into effect on January 1, 1974, and replaced 71.02 RCW.
1979 ITA amended to expand criteria for commitment to include gravely disabled part B and danger to property.
1982 Washington State Supreme Court decision sets standards for non-emergency detentions (in re Harris).
1991 ITA amended to allow administration of involuntary medications under specified conditions.
1997 SB 5562 required courts to give great weight to prior history and pattern of decompensation in determining whether to order 90-day less restrictive commitment. Made it easier to file petitions for extended less-restrictive treatment since overt acts not required to provide a factual basis for concluding individual is gravely disabled.
1998 SSB 6214 amended ITA in numerous ways, including expanding definition of likelihood of serious harm to include generalized threats to safety of others, court giving great weight to history of violent acts or commitments for danger to others, court entering findings when it disagrees with recommendation of professional person on civil commitment, automatic return to inpatient commitment when case manager attests to increased risk of harm (no CDMHP discretion). Also changed RSW 10.77 and added forensic flip” from criminal to civil commitment for certain people charged with misdemeanors.
1999 SSB 5011 amended ITA to require CDMHP to consider all reasonably available information regarding prior recommendations for civil commitment pursuant to competency evaluations, history of violent acts, prior commitments, prior determinations of insanity or incompetency.
2001 SB 5048 amended ITA to require that courts give great weight to history of decompensation resulting in repeated hospitalizations and/or criminal justice involvement when determining whether to order 90-day restrictive or less-restrictive commitment.
2004 ESSB 6358 amended ITA to clarify that people who are developmentally disabled, impaired by alcoholism or drug abuse, or suffering from dementia and who otherwise meet the criteria for commitment are not ineligible for commitment based on this condition alone.
2005 E2SSB 5763 amended ITA to create integrated crisis response pilot programs with intent to create a unified ITA (combining RCWs 71.05 70.96A), created crisis stabilization facility designation and procedures, consolidated rights of patients in one section, and required DMHPs to provide law enforcement with written summaries of detention decisions when asked.
2007 SB 5533 amended ITA requirements for non-emergency detentions, allowing for immediate detention if a judicial officer makes a probable cause finding based on the sworn statement of a DMHP. Eliminated the need for the DMHP to obtain an order to appear and wait for 24 hours before detaining an individual if no imminent danger present.
2009 2SHB 3076 amends ITA (conditional on funding being appropriated) to require DMHPs to consider all reasonably available information from credible witnesses. Both DMHPs and the court are required to consider that, in determining whether to detain or commit an individual, symptoms or behavior which standing alone would not justify commitment may support a finding of grave disability or likelihood of serious harm.