New WA rules before the Legislature would allow longer forced holds

mental-health

A legislative proposal to loosen detention rules in Washington’s involuntary treatment act is dividing rights groups and mental health advocates in Olympia.

The bill would allow people having a mental health or substance abuse crisis to be held for up to five days before seeing a judge, putting Washington among the states with the longest such holds nationwide. The change would target the state’s involuntary treatment act, which currently allows authorities to hold non-criminal patients against their will for 72 hours before an initial hearing.

While supporters say that would give more time for treatment, groups including the state’s disability rights watchdog have objected.

Currently, 38 states and the District of Columbia require people held during mental health crises to see a judge within 72 hours or less, according to a survey by the Treatment Advocacy Center, a national advocacy group.

Along with a longer hold time, the Washington measure would also allow forced medication for patients outside of hospitals, and risk of harm to self or others is also broadened.

Under the proposal risk of harm would include the reasonable fear of a third party, even if they hadn’t been directly threatened.

Two national groups also support the bill – the National Alliance on Mental Illness and the Treatment Advocacy Center. The TAC says data collected by that group showed keeping patients longer at first can lower the risk of a repeat visit.

But Disability Rights Washington, counters that even the current law already sees patients spending much of their hold time waiting, and only getting treatment when their time is nearly up.  (AP)

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