HB 1905
In CommitteeHouse
Invol. treatment counsel
Concerning appointed counsel for individuals detained under the involuntary treatment act.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill ensures that individuals facing involuntary commitment under the Involuntary Treatment Act have access to court-appointed counsel if they cannot afford one, and establishes a standardized reimbursement system for counties and tribes to recover costs for legal and court services from regional behavioral health agencies. It also updates definitions and procedures across multiple statutes to support consistent implementation.
- Requires counties to appoint legal counsel for individuals who cannot afford representation in involuntary commitment proceedings, regardless of the person’s county of origin.
- Clarifies that counties may provide counsel directly or by contract, and mandates reimbursement for indigent representation from regional Behavioral Health Administrative Services Organizations (BHSAOs).
- Allows tribes to apply to the Washington State Health Care Authority for quarterly reimbursement of direct costs for judicial services in involuntary commitment cases.
- Defines 'civil commitment case' to include all hearings for a single episode of hospitalization or treatment, and specifies that reimbursement covers prosecutor, defense counsel, court, and clerk services.
- Prohibits counties and tribes from charging filing fees for civil commitment cases eligible for reimbursement.
- Repeals two sections of 2024 c. 62 (Sections 26 and 27) and includes contingent expiration and effective dates tied to other legislation.
Who is affected
- Individuals subject to involuntary commitment — Individuals subject to involuntary commitment under the Involuntary Treatment Act (ITA) will have the right to court-appointed legal counsel if they cannot afford one, and counties must provide counsel regardless of where the person was originally detained.
- Counties — Counties must provide legal representation for individuals in involuntary commitment proceedings and may seek reimbursement from regional behavioral health administrative services organizations (BHSAOs) for direct costs.
- Tribes — Tribes may apply to the Washington State Health Care Authority for reimbursement of direct costs incurred in providing legal and court services for involuntary commitment cases involving tribal members.
- Behavioral Health Administrative Services Organizations (BHSAOs) — Behavioral Health Administrative Services Organizations (BHSAOs) will be responsible for reimbursing counties and tribes for costs related to legal representation and court services in involuntary commitment cases.
- Attorneys appointed to represent indigent individuals — Attorneys who represent individuals in involuntary commitment proceedings will be compensated according to new standards, with reimbursement flowing from BHSAOs to counties based on actual direct costs.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Guarantees court-appointed counsel for indigent individuals in involuntary commitment proceedings, reinforcing due process rights and reducing risk of wrongful or prolonged detention without adequate legal advocacy.
Rights & LibertiesPeopleRef: RCW 71.05.110(1), as amended by Sec. 3Mandates counties to provide counsel regardless of the person’s county of origin, eliminating jurisdictional barriers that previously disadvantaged individuals transported across counties for crisis care.
Rights & LibertiesPeopleRef: RCW 71.05.110(2), as amended by Sec. 3Establishes a standardized, state-facilitated reimbursement system for counties and tribes, reducing fiscal uncertainty and ensuring more predictable budgeting for legal services in civil commitment cases.
Local GovernmentPeopleRef: Sec. 5(1), (2)By removing filing fees and clarifying case scope, the bill reduces administrative friction in civil commitment proceedings, potentially speeding case resolution and reducing length of stay for individuals in crisis.
HealthcarePeopleRef: Sec. 5(3)(a), (5)Ensuring legal representation may reduce erroneous commitments and improve outcomes for individuals in crisis, indirectly supporting public safety by promoting fair and accurate legal determinations.
Public SafetyPeopleRef: Sec. 5(1), (2)
Potential Concerns (3)
Counties and tribes must absorb administrative burden and upfront costs for appointing counsel and submitting reimbursement claims, with reimbursement delayed until quarterly submission and dependent on BHSAO/HA approval and baseline cost data.
Local GovernmentRef: RCW 71.05.110(3)(b), as amended by Sec. 3The reimbursement formula—based on three-year rolling averages and capped at 80% of median if no baseline exists—may undercompensate counties or tribes with higher-than-average costs or limited historical data, especially smaller or rural jurisdictions.
Local GovernmentRef: Sec. 5(1), (2), (4)Prohibiting filing fees eliminates a modest revenue source for counties and tribes, which may strain court budgets—especially in jurisdictions where civil commitment filings are infrequent and filing fees help offset fixed judicial costs.
Local GovernmentRef: Sec. 5(3)(a), (5)
Who Is Most Affected
Individuals subject to involuntary commitment—many of whom are experiencing acute mental health crises, poverty, or homelessness—gain a constitutional right to counsel, improving fairness and reducing risk of unjust detention. This directly benefits their liberty, health outcomes, and trust in the legal system.
Counties face new unfunded mandates: they must appoint counsel upfront and navigate a new reimbursement process. Smaller or rural counties with limited legal infrastructure or fewer commitment cases may struggle with cash flow and administrative burden, though long-term fiscal risk is reduced by state reimbursement.
Tribes gain new authority to seek direct reimbursement from the state for legal and court services in involuntary commitment cases involving tribal members, supporting tribal sovereignty and self-governance in behavioral health matters.
BHSAOs gain responsibility for coordinating and disbursing reimbursements, increasing administrative workload but also strengthening intergovernmental coordination and standardization across regions.
Attorneys who represent indigent clients in civil commitment proceedings gain a more reliable and standardized payment stream, improving access to legal work and reducing uncompensated services—though rates are cost-based and may not reflect market rates in high-cost areas.