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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.
The county where the person is detained shall administer appointed counsel under this chapter, regardless of the person's county of origin. Reimbursement for the costs of such representation is specified under RCW 71.05.730. The county shall provide counsel:
Directly;
By contracting for that representation; or
By submitting a request to the health care authority to contract for such counsel with the office of public defense on the county's behalf under chapter 2.70 RCW.
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.
This section supersedes any local ordinance, charter, or rule.
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 and facilities listed under subsection (2) of this section with regard to all provisions of and proceedings under this chapter other than proceedings initiated by such hospitals and facilities seeking 14-day detention.
Facilities where the attorney general shall represent and provide legal services and advice under subsection (1) of this section are:
The center for behavioral health and learning located on the University of Washington medical center northwest campus; and
Facilities owned by the department of social and health services that operate in Thurston and Clark counties and provide inpatient services to individuals under this chapter.
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.
In the case where a county has requested that the health care authority contract for public defense services on the county's behalf under RCW 71.05.110, the authority shall reduce the funding provided to the county's behavioral health administrative services organization equivalent to the authority's expense in contracting with the office of public defense for that representation. The county's behavioral health administrative services organization may still seek 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 under subsection (1) of this section.
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.
The director shall:
Administer all state-funded services in the following program areas:
Trial court criminal indigent defense, as provided in chapter 10.101 RCW;
Appellate indigent defense, as provided in this chapter and RCW 10.73.150;
Representation of indigent parents qualified for appointed counsel in dependency and termination cases, as provided in RCW 13.34.090 and 13.34.092;
Extraordinary criminal justice cost petitions, as provided in RCW 43.330.190;
Compilation of copies of DNA test requests by persons convicted of felonies, as provided in RCW 10.73.170;
Representation of indigent respondents qualified for appointed counsel in sexually violent predator civil commitment cases, as provided in chapter 71.09 RCW;
Representation of indigent persons who are acquitted by reason of insanity and committed to state psychiatric care as provided in chapter 10.77 RCW; and
At the request of the health care authority on behalf of a county under chapter 71.05 or 71.34 RCW, representation of indigent persons qualified for appointed counsel in involuntary commitment cases;
Subject to availability of funds appropriated for this specific purpose, provide access to counsel for indigent persons incarcerated in a juvenile rehabilitation or adult correctional facility to file and prosecute a first, timely personal restraint petition under RCW 10.73.150. The office shall establish eligibility criteria that prioritize access to counsel for youth under age 25, youth or adults with sentences in excess of 120 months, youth or adults with disabilities, and youth or adults with limited English proficiency. Nothing in this subsection creates an entitlement to counsel at state expense to file a personal restraint petition;
Subject to the availability of funds appropriated for this specific purpose, appoint counsel to petition the sentencing court if the legislature creates an ability to petition the sentencing court, or appoint counsel to challenge a conviction or sentence if a final decision of an appellate court creates the ability to challenge a conviction or sentence. Nothing in this subsection creates an entitlement to counsel at state expense to petition the sentencing court;
Provide access to attorneys for juveniles contacted by a law enforcement officer for whom a legal consultation is required under RCW 13.40.740;
Submit a biennial budget for all costs related to the office's program areas;
Establish administrative procedures, standards, and guidelines for the office's program areas, including cost-efficient systems that provide for authorized recovery of costs;
Provide oversight and technical assistance to ensure the effective and efficient delivery of services in the office's program areas;
Recommend criteria and standards for determining and verifying indigency. In recommending criteria for determining indigency, the director shall compile and review the indigency standards used by other state agencies and shall periodically submit the compilation and report to the legislature on the appropriateness and consistency of such standards;
Collect information regarding indigent defense services funded by the state and report annually to the advisory committee, the legislature, and the supreme court;
Coordinate with the supreme court and the judges of each division of the court of appeals to determine how appellate attorney services should be provided.
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.