Washington 2023-2024 Regular Session Status: Passed Senate 5 D cosponsors

SB 5130 — Concerning assisted outpatient treatment.

Last action — Senate Rules "X" file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

280 added · 276 removed

Plain-language change summary

The updated version of Bill SB 5130 now includes extended timeframes for certain treatment orders based on the duration a person has been detained for inpatient treatment. Specifically, if a person has been detained for 14 days or longer, the treatment order can last up to 90 days, and if detained for 90 to 180 days, the order can extend to 180 days. These changes are significant as they allow for a longer commitment to treatment, which could enhance the chances of recovery for individuals in need of mental health support. Additionally, the bill clarifies the qualifications of professionals who can provide declarations in support of treatment requests, ensuring more reliable assessments.

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Latest
S-0152.4 SENATE BILL 5130 State of Washington 68th Legislature 2023 Regular Session By Senators Frame, Dhingra, Nobles, Pedersen, Randall, and C.
ENGROSSED SENATE BILL 5130 State of Washington 68th Legislature 2023 Regular Session By Senators Frame, Dhingra, Nobles, Pedersen, Randall, and C.
1 SB 5130 result in grave disability or a likelihood of serious harm to the person or to others;
1 ESB 5130 result in grave disability or a likelihood of serious harm to the person or to others;
2 SB 5130 (f) An emergency room physician.
2 ESB 5130 (f) An emergency room physician.
(3) A court order for less restrictive alternative treatment on the basis that the person is in need of assisted outpatient treatment may be effective for up to 18 months.
(3) A court order for less restrictive alternative treatment on the basis that the person is in need of assisted outpatient treatment may be effective for up to 18 months, unless the person is currently detained for inpatient treatment for 14 days or more under RCW 71.05.240 or 71.05.320, in which case the order may be effective for 90 days if the person is currently detained for 14 days of treatment, or 180 days if the person is currently detained for 90 or 180 days of treatment.
(d) The name of an agency, provider, or facility that agrees to provide less restrictive alternative treatment if the petition is granted by the court;
p.
and p.
3 ESB 5130 (d) The name of an agency, provider, or facility that agrees to provide less restrictive alternative treatment if the petition is granted by the court;
3 SB 5130 (e) If the person is detained in a state hospital, inpatient treatment facility, jail, or correctional facility at the time the petition is filed, the anticipated release date of the person and any other details needed to facilitate successful reentry and transition into the community.
and (e) If the person is detained in a state hospital, inpatient treatment facility, jail, or correctional facility at the time the petition is filed, the anticipated release date of the person and any other details needed to facilitate successful reentry and transition into the community.
(g) If the respondent has refused to be examined by a qualified professional and the court finds reasonable grounds to believe that the allegations of the petition are true, the court may issue a written order directing a peace officer who has completed crisis p.
p.
4 SB 5130 intervention training to detain and transport the respondent to a provider for examination by a qualified professional.
4 ESB 5130 (g) If the respondent has refused to be examined by a qualified professional and the court finds reasonable grounds to believe that the allegations of the petition are true, the court may issue a written order directing a peace officer who has completed crisis intervention training to detain and transport the respondent to a provider for examination by a qualified professional.
(10) This section does not apply to a person who is currently detained for involuntary treatment under RCW 71.05.240 or 71.05.320.
5 SB 5130 Sec.
5 ESB 5130 Sec.
6 SB 5130 (d) To detain the person for up to 12 hours for evaluation at an agency, facility providing services under the court order, triage facility, crisis stabilization unit, emergency department, evaluation and treatment facility, secure withdrawal management and stabilization facility with available space, or an approved substance use disorder treatment program with available space.
6 ESB 5130 (d) To detain the person for up to 12 hours for evaluation at an agency, facility providing services under the court order, triage facility, crisis stabilization unit, emergency department, evaluation and treatment facility, secure withdrawal management and stabilization facility with available space, or an approved substance use disorder treatment program with available space.
7 SB 5130 treatment facility, available secure withdrawal management and stabilization facility with adequate space, or available approved substance use disorder treatment program with adequate space in or near the county in which he or she is receiving outpatient treatment for the purpose of a hearing for revocation of a less restrictive alternative treatment order or conditional release order under this chapter.
7 ESB 5130 treatment facility, available secure withdrawal management and stabilization facility with adequate space, or available approved substance use disorder treatment program with adequate space in or near the county in which he or she is receiving outpatient treatment for the purpose of a hearing for revocation of a less restrictive alternative treatment order or conditional release order under this chapter.
8 SB 5130 inpatient treatment.
8 ESB 5130 inpatient treatment.
9 SB 5130 (c) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further evaluation, intervention, or treatment;
9 ESB 5130 (c) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further evaluation, intervention, or treatment;
10 SB 5130 facility, or designated crisis responder may request assistance from a peace officer for the purposes of temporary detention under this subsection (2)(d).
10 ESB 5130 facility, or designated crisis responder may request assistance from a peace officer for the purposes of temporary detention under this subsection (2)(d).
11 SB 5130 scheduled to determine whether or not the order for less restrictive alternative treatment or conditional release should be revoked, modified, or retained.
11 ESB 5130 scheduled to determine whether or not the order for less restrictive alternative treatment or conditional release should be revoked, modified, or retained.
12 SB 5130 days remaining on the order must be converted to days of inpatient treatment.
12 ESB 5130 days remaining on the order must be converted to days of inpatient treatment.
13 SB 5130 this section, or a co-occurring mental disorder and substance use disorder.
13 ESB 5130 this section, or a co-occurring mental disorder and substance use disorder.
14 SB 5130 (19) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter.
14 ESB 5130 (19) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter.
15 SB 5130 skills and in raising their levels of physical, behavioral, social, and vocational functioning.
15 ESB 5130 skills and in raising their levels of physical, behavioral, social, and vocational functioning.
16 SB 5130 included in (a) of this subsection and any other residential treatment facility licensed under chapter 71.12 RCW.
16 ESB 5130 included in (a) of this subsection and any other residential treatment facility licensed under chapter 71.12 RCW.
17 SB 5130 (41) "Medical necessity" for inpatient care means a requested service which is reasonably calculated to:
17 ESB 5130 (41) "Medical necessity" for inpatient care means a requested service which is reasonably calculated to:
18 SB 5130 RCW 71.34.600 through 71.34.670, the disagreement must be resolved according to the priority established under RCW 7.70.065(2)(a).
18 ESB 5130 RCW 71.34.600 through 71.34.670, the disagreement must be resolved according to the priority established under RCW 7.70.065(2)(a).
19 SB 5130 federal, state, county, or municipal government, or a combination of such governments.
19 ESB 5130 federal, state, county, or municipal government, or a combination of such governments.
20 SB 5130 to voluntary patients, "start of initial detention" means the time at which the minor gives notice of intent to leave under the provisions of this chapter.
20 ESB 5130 to voluntary patients, "start of initial detention" means the time at which the minor gives notice of intent to leave under the provisions of this chapter.
21 SB 5130 residential treatment facility standards.
21 ESB 5130 residential treatment facility standards.
22 SB 5130 (7) "Authority" means the Washington state health care authority.
22 ESB 5130 (7) "Authority" means the Washington state health care authority.
23 SB 5130 unconditional release from commitment from a facility providing involuntary care and treatment.
23 ESB 5130 unconditional release from commitment from a facility providing involuntary care and treatment.
24 SB 5130 needs of health or safety, or (b) manifests severe deterioration from safe behavior evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.
24 ESB 5130 needs of health or safety, or (b) manifests severe deterioration from safe behavior evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.
25 SB 5130 minors, secure withdrawal management and stabilization facility for minors, or approved substance use disorder treatment program for minors.
25 ESB 5130 minors, secure withdrawal management and stabilization facility for minors, or approved substance use disorder treatment program for minors.
26 SB 5130 (39) "Managed care organization" has the same meaning as provided in RCW 71.24.025.
26 ESB 5130 (39) "Managed care organization" has the same meaning as provided in RCW 71.24.025.
27 SB 5130 who may be required to provide a declaration under penalty of perjury stating that he or she is a relative responsible for the health care of the adolescent pursuant to chapter 5.50 RCW.
27 ESB 5130 who may be required to provide a declaration under penalty of perjury stating that he or she is a relative responsible for the health care of the adolescent pursuant to chapter 5.50 RCW.
28 SB 5130 floor, or ward conducted for, the care and treatment of persons with mental illness, substance use disorders, or both mental illness and substance use disorders if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments.
28 ESB 5130 floor, or ward conducted for, the care and treatment of persons with mental illness, substance use disorders, or both mental illness and substance use disorders if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments.
29 SB 5130 (61) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010.
29 ESB 5130 (61) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010.
30 SB 5130 services for the department, the department of health, the authority, behavioral health organizations, or a treatment facility if the notes or records are not available to others.
30 ESB 5130 services for the department, the department of health, the authority, behavioral health organizations, or a treatment facility if the notes or records are not available to others.
31 SB 5130 (5) If the parents are opposed to the petition, they may be represented at the hearing and shall be entitled to court-appointed counsel if they are indigent.
31 ESB 5130 (5) If the parents are opposed to the petition, they may be represented at the hearing and shall be entitled to court-appointed counsel if they are indigent.
32 SB 5130 criteria for a ((fourteen-day)) 14-day commitment, the minor shall be released.
32 ESB 5130 criteria for a ((fourteen-day)) 14-day commitment, the minor shall be released.
33 SB 5130 (b) To present evidence on his or her own behalf;
33 ESB 5130 (b) To present evidence on his or her own behalf;
34 SB 5130 further inpatient treatment is no longer necessary.
34 ESB 5130 further inpatient treatment is no longer necessary.
Show all 58 changed rows (18 more)
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35 SB 5130 functioning has occurred, the designated crisis responder, or the director or secretary, as appropriate, may order that the minor be taken into custody and transported to an inpatient evaluation and treatment facility, a secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program.
35 ESB 5130 functioning has occurred, the designated crisis responder, or the director or secretary, as appropriate, may order that the minor be taken into custody and transported to an inpatient evaluation and treatment facility, a secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program.
36 SB 5130 whether the ((minor)) court should ((be returned to)) order the minor's detention for inpatient treatment.
36 ESB 5130 whether the ((minor)) court should ((be returned to)) order the minor's detention for inpatient treatment.
37 SB 5130 (b) Increasing the intensity of services;
37 ESB 5130 (b) Increasing the intensity of services;
38 SB 5130 serve it on the minor and notify the minor's parents and the minor's attorney at the request of the designated crisis responder.
38 ESB 5130 serve it on the minor and notify the minor's parents and the minor's attorney at the request of the designated crisis responder.
39 SB 5130 Sec.
39 ESB 5130 Sec.
40 SB 5130 hospitalization or incarceration of the person that occurred during the 48-month period;
40 ESB 5130 hospitalization or incarceration of the person that occurred during the 48-month period;
(3) A court order for less restrictive alternative treatment on the basis that the adolescent is in need of assisted outpatient treatment may be effective for up to 18 months.
(3) A court order for less restrictive alternative treatment on the basis that the adolescent is in need of assisted outpatient treatment may be effective for up to 18 months, unless the adolescent is currently detained for inpatient treatment for 14 days or more under RCW 71.34.740 or 71.34.750, in which case the order may be effective for 180 days.
The petitioner must state which specific facts come from personal observation and specify what other sources of information the petitioner has relied upon to form this belief;
The petitioner must state which p.
p.
41 ESB 5130 specific facts come from personal observation and specify what other sources of information the petitioner has relied upon to form this belief;
41 SB 5130 (b) A declaration from a physician, physician assistant, or advanced registered nurse practitioner, ((or)) the adolescent's treating mental health professional or substance use disorder professional, or in the case of a person enrolled in treatment in a behavioral health agency, the person's behavioral health case manager, who has examined the adolescent no more than 10 days prior to the submission of the petition and who is willing to testify in support of the petition, or who alternatively has made appropriate attempts to examine the adolescent within the same period but has not been successful in obtaining the adolescent's cooperation, and who is willing to testify to the reasons they believe that the adolescent meets the criteria for assisted outpatient treatment ((.
(b) A declaration from a physician, physician assistant, or advanced registered nurse practitioner, ((or)) the adolescent's treating mental health professional or substance use disorder professional, or in the case of a person enrolled in treatment in a behavioral health agency, the person's behavioral health case manager, who has examined the adolescent no more than 10 days prior to the submission of the petition and who is willing to testify in support of the petition, or who alternatively has made appropriate attempts to examine the adolescent within the same period but has not been successful in obtaining the adolescent's cooperation, and who is willing to testify to the reasons they believe that the adolescent meets the criteria for assisted outpatient treatment ((.
(b) A copy of the petition and notice of hearing shall be served, in the same manner as a summons, on the petitioner, the adolescent, the qualified professional whose affidavit accompanied the petition, p.
p.
42 SB 5130 a current provider, if any, and a surrogate decision maker or agent under chapter 71.32 RCW, if any.
42 ESB 5130 (b) A copy of the petition and notice of hearing shall be served, in the same manner as a summons, on the petitioner, the adolescent, the qualified professional whose affidavit accompanied the petition, a current provider, if any, and a surrogate decision maker or agent under chapter 71.32 RCW, if any.
Notification shall be made in person or by telephonic or electronic communication to the tribal contact listed in the authority's tribal crisis coordination plan as soon as possible.
Notification shall be made in person or by telephonic or electronic communication to the p.
43 ESB 5130 tribal contact listed in the authority's tribal crisis coordination plan as soon as possible.
p.
(9) ((After January 1, 2023, a)) A petition for assisted outpatient treatment must be filed on forms developed by the administrative office of the courts.
43 SB 5130 (9) ((After January 1, 2023, a)) A petition for assisted outpatient treatment must be filed on forms developed by the administrative office of the courts.
(10) This section shall not apply to a minor who is currently detained for involuntary treatment under RCW 71.34.740 or 71.34.750.
44 SB 5130
44 ESB 5130
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Action History

  1. Senate Rules "X" file.

  2. By resolution, returned to Senate Rules Committee for third reading.

  3. Senate refuses to concur in House amendments. Asks House to recede from amendments.

  4. Third reading, passed; yeas, 57; nays, 39; absent, 0; excused, 2.

  5. Committee amendment(s) adopted as amended.

  6. Rules suspended. Placed on Third Reading.

  7. Rules Committee relieved of further consideration. Placed on second reading.

  8. Referred to Rules 2 Review.

  9. Minority; without recommendation.

  10. APP - Majority; do pass with amendment(s) but without amendment(s) by Civil Rights & Judiciary.

  11. Executive action taken in the House Committee on Appropriations at 9:00 AM.

  12. Public hearing in the House Committee on Appropriations at 9:00 AM.

  13. Referred to Appropriations.

  14. Minority; without recommendation.

  15. CRJ - Majority; do pass with amendment(s).

  16. Executive action taken in the House Committee on Civil Rights & Judiciary at 10:30 AM.

  17. Public hearing in the House Committee on Civil Rights & Judiciary at 10:30 AM.

  18. First reading, referred to Civil Rights & Judiciary.

  19. Third reading, passed; yeas, 49; nays, 0; absent, 0; excused, 0.

  20. Rules suspended. Placed on Third Reading.

  21. Floor amendment(s) adopted.

  22. Placed on second reading by Rules Committee.

  23. Passed to Rules Committee for second reading.

  24. Minority; without recommendation.

  25. LAW - Majority; do pass.

  26. Executive action taken in the Senate Committee on Law & Justice at 8:00 AM.

  27. Public hearing in the Senate Committee on Law & Justice at 10:30 AM.

  28. First reading, referred to Law & Justice.

  29. Prefiled for introduction.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 145 not signed on · 29 voted No

Sponsors (1)

Co-sponsors (5)

Not signed on (145)

145 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage as Amended by the House (#2)

Passed 57 Yea · 39 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 12900
Democrat 55002
Unaffiliated 11000
Total 573902
% of votes cast 58%40%0%2%
How each member voted (98)
Member Party Vote
Chambers — Nay
Chandler — Nay
Cheney — Nay
Chopp — Yea
Hutchins — Nay
Kretz — Nay
Maycumber — Nay
Mosbrucker — Nay
Robertson — Nay
Sandlin — Nay
Wilcox — Nay
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Yea
Dan Bronoske Democrat Yea
Darya Farivar Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Not Voting
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Emily Alvarado Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Julio Cortes Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Not Voting
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Mary Fosse Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Nay
Andrew Barkis Republican Nay
April Connors Republican Nay
Carolyn Eslick Republican Nay
Chris Corry Republican Nay
Cyndy Jacobsen Republican Nay
Dan Griffey Republican Nay
Drew Stokesbary Republican Nay
Ed Orcutt Republican Nay
Jenny Graham Republican Nay
Jim Walsh Republican Nay
Joe Schmick Republican Nay
Joel McEntire Republican Nay
Keith Goehner Republican Nay
Kevin Waters Republican Nay
Leonard Christian Republican Nay
Mark Klicker Republican Nay
Mary Dye Republican Nay
Michelle Valdez Republican Nay
Mike Steele Republican Nay
Mike Volz Republican Nay
Paul Harris Republican Yea
Peter Abbarno Republican Nay
Sam Low Republican Nay
Skyler Rude Republican Nay
Stephanie Barnard Republican Nay
Stephanie McClintock Republican Nay
Suzanne Schmidt Republican Nay
Tom Dent Republican Nay
Travis Couture Republican Nay

Official roll call →

3rd Reading & Final Passage (#16)

Passed 49 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 16000
Democrat 22000
Total 49000
% of votes cast 100%0%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Hawkins — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Yea
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Drew MacEwen Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Matt Boehnke Republican Yea
Nikki Torres Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors SB 5130?
SB 5130 is sponsored by Claire Wilson (Democrat), Randall, Jamie Pedersen (Democrat), T'wina Nobles (Democrat), Manka Dhingra (Democrat), and Noel Frame (Democrat).
What is the current status of SB 5130?
This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 5130?
Track SB 5130 free on One Click Politics — get push/email alerts when it moves.

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