What are the 2009 legislative changes for conditional release orders in mental health cases?

HB 1589 allows a designated mental health professional to file a petition for modification or revocation of a less restrictive alternative (LRA) in Case Type 6-Mental Illness cases in:

  • The court in which the LRA was initially ordered, or
  • The court in the county in which the respondent currently resides.
  • No change of venue petition is required.

The court should be aware of the following:

  • A petition to modify or revoke a less restrictive alternative (LRA) may be filed in the superior court in which the respondent resides rather than in the court that originally ordered the LRA.
  • The statute requires notices to the court that committed the person for treatment.

The court should do the following:

  • Use new SCOMIS Case Type 6 Cause Code MIO-Mental Illness-Other Venue for tracking.
  • Use new SCOMIS Docket Code PTMRLRA-Petition to Modify or Revoke Less Restrictive Alternative.
  • Reference the originating county and case number either as a note entry or as a free-form text when the petition is filed.
  • RCW 71.05.340(3)(d) requires that the court that originally ordered commitment be notified within two judicial days of a persons detention.
  • RCW 71.05.340(4) requires that the original court that issued the commitment order be notified of the expiration of the period of commitment or the committed persons release date.  In cases where the new petition is filed under the MIO Cause Code, the new county may be contacted to provide contact information about the original court.

RN id: 2110