71.05.157 - Evaluation by designated mental health professional -- When required -- Required notifications.

Evaluation by designated mental health professional — When required — Required notifications.

(1) When a designated mental health professional is notified by a jail that a defendant or offender who was subject to a discharge review under RCW 71.05.232 is to be released to the community, the designated mental health professional shall evaluate the person within seventy-two hours of release.

     (2) When an offender is under court-ordered treatment in the community and the supervision of the department of corrections, and the treatment provider becomes aware that the person is in violation of the terms of the court order, the treatment provider shall notify the designated mental health professional and the department of corrections of the violation and request an evaluation for purposes of revocation of the less restrictive alternative.

     (3) When a designated mental health professional becomes aware that an offender who is under court-ordered treatment in the community and the supervision of the department of corrections is in violation of a treatment order or a condition of supervision that relates to public safety, or the designated mental health professional detains a person under this chapter, the designated mental health professional shall notify the person's treatment provider and the department of corrections.

     (4) When an offender who is confined in a state correctional facility or is under supervision of the department of corrections in the community is subject to a petition for involuntary treatment under this chapter, the petitioner shall notify the department of corrections and the department of corrections shall provide documentation of its risk assessment or other concerns to the petitioner and the court if the department of corrections classified the offender as a high risk or high needs offender.

     (5) Nothing in this section creates a duty on any treatment provider or designated mental health professional to provide offender supervision.

     (6) No jail or state correctional facility may be considered a less restrictive alternative to an evaluation and treatment facility.

[2007 c 375 § 9; 2005 c 504 § 507; 2004 c 166 § 16.]

Notes: Findings -- Purpose -- Construction -- Severability -- 2007 c 375: See notes following RCW 10.31.110.

Findings -- Intent -- Severability -- Application -- Construction -- Captions, part headings, subheadings not law -- Adoption of rules -- Effective dates -- 2005 c 504: See notes following RCW 71.05.027.

Alphabetization--Correction of references--2005 c 504: See note following RCW 71.05.020.

Severability -- Effective dates -- 2004 c 166: See notes following RCW 71.05.040.