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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A person subject to the provisions of this chapter is entitled to the assistance of counsel. If the person is indigent, the court shall appoint counsel to assist the person, subject to subsection (3) of this section.
The county where the person is detained shall administer appointed counsel under this section, regardless of the person's county of origin. Reimbursement for the costs of such representation is specified under RCW 71.05.730. The county may provide counsel directly or by contracting for that representation. This section supersedes any local ordinance, charter, or rule.
Attorneys appointed for persons pursuant to this chapter shall be compensated for their services as follows: (a) The person for whom an attorney is appointed shall, if he or she is financially able pursuant to standards as to financial capability and indigency set by the superior court of the county in which the proceeding is held, bear the costs of such legal services; (b) if such person is indigent pursuant to such standards, the behavioral health administrative services organization shall reimburse the county in which the proceeding is held for the direct costs of such legal services, as provided in RCW 71.05.730.
In any judicial proceeding for involuntary commitment or detention except under RCW 71.05.201, or in any proceeding challenging involuntary commitment or detention, the prosecuting attorney for the county in which the proceeding was initiated shall represent the individuals or agencies petitioning for commitment or detention and shall defend all challenges to such commitment or detention, except that the attorney general shall represent and provide legal services and advice to state hospitals with regard to all provisions of and proceedings under this chapter other than proceedings initiated by such hospitals seeking 14-day detention.
The attorney general may represent individuals and agencies petitioning for further treatment under RCW 71.05.320 in facilities other than state hospitals if requested by the county prosecuting attorney. If the county prosecuting attorney requests that the attorney general file and prosecute a case under this chapter, then the county shall charge the attorney general only the fees, including filing and jury fees, that would be charged and paid by the county prosecuting attorney, if the county prosecuting attorney retained the case.
A county may apply to its behavioral health administrative services organization on a quarterly basis for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter and chapter 71.34 RCW. A tribe may apply to the authority on a quarterly basis for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter and chapter 71.34 RCW. The behavioral health administrative services organization shall in turn be entitled to reimbursement from the behavioral health administrative services organization that serves the county of residence of the individual who is the subject of the civil commitment case.
Reimbursement for judicial services shall be provided per civil commitment case at a rate to be determined based on an independent assessment of the county's or tribe's actual direct costs. This assessment must be based on an average of the expenditures for judicial services within the county or tribe over the past three years. In the event that a baseline cannot be established because there is no significant history of similar cases within the county or tribe, the reimbursement rate shall be equal to 80 percent of the median reimbursement rate of counties or tribes, if applicable included in the independent assessment.
For the purposes of this section:
"Civil commitment case" includes all judicial hearings related to a single episode of hospitalization or less restrictive alternative treatment, except that the filing of a petition for a one hundred eighty-day commitment under this chapter or a petition for a successive 180-day commitment under chapter 71.34 RCW shall be considered to be a new case regardless of whether there has been a break in detention. "Civil commitment case" does not include the filing of a petition for a 180-day commitment under this chapter on behalf of a patient at a state hospital.
"Judicial services" means a county's or tribe's reasonable direct costs in providing prosecutor services, assigned counsel and defense services, court services, and court clerk services for civil commitment cases under this chapter and chapter 71.34 RCW.
To the extent that resources have a shared purpose, the behavioral health administrative services organization may only reimburse counties to the extent such resources are necessary for and devoted to judicial services as described in this section. To the extent that resources have a shared purpose, the authority may only reimburse tribes to the extent the resources are necessary for and devoted to judicial services as described in this section.
No filing fee may be charged or collected for any civil commitment case subject to reimbursement under this section.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.
"Court" means the superior court of the state of Washington.
"Department" means the department of social and health services.
"Employee" means an employee as defined in RCW 49.17.020.
"Licensed physician" means an individual permitted to practice as a physician under the laws of the state, or a medical officer, similarly qualified, of the government of the United States while in this state in performance of his or her official duties.
"Mentally ill person" means any person who, pursuant to the definitions contained in RCW 71.05.020, as a result of a mental disorder presents a likelihood of serious harm to others or himself or herself or is gravely disabled.
"Patient" means a person under observation, care, or treatment in a state hospital, or a person found mentally ill by the court, and not discharged from a state hospital, or other facility, to which such person had been ordered hospitalized.
"Resident" means a resident of the state of Washington.
"Secretary" means the secretary of social and health services.
"State hospital" means a hospitaldesignated under RCW 72.23.020.
"Superintendent" means the superintendent of a state hospital.
"Violence" or "violent act" means any physical assault or attempted physical assault against an employee or patient of a state hospital.
Wherever used in this chapter, the masculine shall include the feminine and the singular shall include the plural.
There are hereby permanently located and established the following state hospitals: Western state hospital at Fort Steilacoom, Pierce county; eastern state hospital at Medical Lake, Spokane county; and the child study and treatment center at Fort Steilacoom, Pierce county.
Except as otherwise provided in this section, the office of public defense shall not provide direct representation of clients.
In order to protect and preserve client rights when administering the office's statutory duties to provide initial telephonic or video consultation services, managing and supervising attorneys of the office of public defense who meet applicable public defense qualifications may provide limited short-term coverage for the consultation services if office of public defense contracted counsel is unavailable to provide the consultation services. The office shall provide services in a manner consistent with the rules of professional conduct, chapter 42.52 RCW, and applicable policies of the office of public defense.
The office of public defense may facilitate and supervise placement of law clerks, externs, and interns with office of public defense contracted counsel, in a manner consistent with the Washington admission and practice rules, the rules of professional conduct, chapter 42.52 RCW, and applicable policies of the office of public defense.
Employees of the office of public defense may provide pro bono legal services in a manner consistent with the rules of professional conduct, chapter 42.52 RCW, and applicable policies of the office of public defense. The policies of the office of public defense must require that employees providing pro bono legal services obtain and provide to the office a written statement, signed by any pro bono client, acknowledging that:
The pro bono legal services are provided by the employee acting in the employee's personal capacity and not as an employee of the office of public defense; and
The state of Washington may not be held liable for any claim arising from the provision of pro bono legal services by the employees of the office of public defense.
The office of public defense shall retain the written statements in a manner consistent with records relating to potential conflicts of interest.
Section 1 of this act expires when section 2 of this act takes effect.
Section 2 of this act takes effect when the contingency in section 26, chapter 433, Laws of 2023 takes effect.
Section 6 of this act expires when section 7 of this act takes effect.
Section 7 of this act takes effect when the contingency in section 13, chapter 433, Laws of 2023 takes effect.
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.