HB 2383
In CommitteeHouse
Involuntary treatment act
Concerning 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 extends the maximum initial involuntary evaluation and treatment hold from 120 hours to 168 hours (7 days) and adds new procedural safeguards and requirements for crisis responders, facilities, courts, tribes, and law enforcement. It also strengthens firearm restrictions for individuals initially detained for serious harm risk and improves coordination with tribal and veteran health services.
- Extends the initial involuntary evaluation and treatment hold from 120 hours (5 days) to 168 hours (7 days) for both emergency custody (RCW 71.05.153) and court-ordered detention (RCW 71.05.150).
- Requires designated crisis responders to personally interview individuals before filing a detention petition, including attempts to determine if the person has a mental health advance directive and to explore voluntary treatment options.
- Adds new requirements for surrendering firearms for six months after initial involuntary detention for serious harm risk (even if not later committed), including notification to law enforcement and procedures for returning firearms after the period ends.
- Strengthens tribal consultation by requiring crisis responders to notify tribes and Indian health providers within 3 hours of decision-making and provide petition copies within 24 hours of service on the person.
- Adds new requirements to assess veterans’ eligibility for VA services and prioritize VA treatment if appropriate and desired, including coordination with the VA Puget Sound health care system.
- Clarifies that facilities must evaluate individuals within 24 hours of admission and hold hearings within 168 hours of detention, with specific rules about medication refusal and rights notifications.
Who is affected
- Individuals experiencing behavioral health crises — Individuals who are believed to be at risk of harming themselves or others, or who are gravely disabled due to a behavioral health disorder, may be subject to emergency custody, evaluation, and involuntary treatment for up to 168 hours (7 days) initially, with possible extensions.
- Tribes and tribal health providers — May be contacted by designated crisis responders to support evaluation and treatment decisions, especially when the individual is an American Indian or Alaska Native receiving services from a tribe.
- Veterans Health Administration (VA) staff — May be asked to evaluate veterans for eligibility for VA services and assist in coordinating care if the person prefers VA treatment over other options.
- Law enforcement agencies (sheriffs and police chiefs) — Must follow new procedures for firearm surrender and reporting, and may need to verify status before returning firearms.
- Evaluation and treatment facilities, crisis stabilization units, and substance use disorder programs — Must ensure timely evaluations, provide required notices, and coordinate with crisis responders and courts to meet strict deadlines.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Mandating personal interviews and exploration of voluntary alternatives before filing detention petitions strengthens procedural safeguards and reduces the risk of unnecessary involuntary holds, protecting individuals from overreach.
Rights & LibertiesPeopleRef: Sec. 1(1), Sec. 2(1), Sec. 2(4), Sec. 4, Sec. 6, Sec. 7, Sec. 10, Sec. 11, Sec. 12, Sec. 13, Sec. 14, Sec. 15 (personal interview requirement, advance directive inquiry, voluntary treatment exploration)Requiring facilities to assess veteran status and prioritize VA treatment when appropriate and desired improves access to specialized, trauma-informed care for veterans and ensures coordination with federal benefits and services.
HealthcarePeopleRef: Sec. 2(4) (veteran eligibility screening and VA referral prioritization)Strengthening tribal consultation and timely notification supports culturally appropriate crisis response and honors tribal sovereignty, improving trust and outcomes for American Indian/Alaska Native individuals in crisis.
Public SafetyPeopleRef: Sec. 1(5), Sec. 2(4) (tribal consultation and notification within 3 hours, petition copy within 24 hours)The six-month firearm restriction for individuals detained for serious harm risk, with clear surrender protocols and a path to early judicial restoration, enhances public safety while preserving due process rights.
Public SafetyPeopleRef: Sec. 5 (firearm surrender procedures, automatic restoration after six months, court petition for early restoration)The 24-hour evaluation mandate and 168-hour hold cap (with medication refusal rights starting 24 hours pre-hearing) strengthen clinical timeliness, reduce unnecessary institutionalization, and protect patient autonomy during crisis evaluation.
HealthcarePeopleRef: Sec. 1(1), Sec. 2(1), Sec. 2(4), Sec. 4, Sec. 6, Sec. 7, Sec. 10, Sec. 11, Sec. 12, Sec. 13, Sec. 14, Sec. 15 (24-hour evaluation requirement, 168-hour hold limit, medication refusal rights beginning 24 hours before hearings)
Potential Concerns (4)
Extended detention periods (up to 168 hours) increase the risk of prolonged involuntary confinement without sufficient judicial oversight, potentially exposing individuals to traumatic institutional experiences and delaying access to community-based voluntary care.
Public SafetyPeopleRef: Sec. 1(1), Sec. 2(1), Sec. 2(4), Sec. 4, Sec. 5, Sec. 6, Sec. 7, Sec. 10, Sec. 11, Sec. 12, Sec. 13, Sec. 14, Sec. 15The six-month firearm surrender requirement applies even if the person is not later committed, potentially infringing on constitutional rights of individuals who pose no ongoing risk, and lacks a clear due process mechanism for early restoration in all cases.
Rights & LibertiesPeopleRef: Sec. 5 (firearm surrender requirement for six months after initial detention, even without subsequent commitment)Mandating VA service coordination may delay or disrupt care for veterans who live far from VA facilities, have complex non-VA care needs, or prefer community providers—especially in rural or underserved areas where VA access is limited.
HealthcareLean peopleRef: Sec. 2(4), Sec. 14, Sec. 15 (VA referral and treatment prioritization)The bill imposes new time-sensitive operational requirements (e.g., 3-hour tribal notification, 24-hour facility evaluation, 168-hour hearing deadlines) without specifying new funding, potentially straining under-resourced crisis response systems, especially in rural counties.
Local GovernmentLean peopleRef: Sec. 1(1), Sec. 2(1), Sec. 2(4), Sec. 4, Sec. 6, Sec. 7, Sec. 10, Sec. 11, Sec. 12, Sec. 13, Sec. 14, Sec. 15 (24-hour evaluation, 168-hour hold, tribal notification deadlines)
Who Is Most Affected
Individuals in behavioral health crises benefit from stronger procedural safeguards, timely evaluations, and culturally appropriate care—but face increased risk of longer involuntary holds and firearm restrictions without full due process.
Tribes gain formal consultation rights and timely access to crisis information, supporting culturally grounded care—but may face added administrative burdens if tribal health systems lack resources to respond within 3-hour windows.
VA staff may see increased referrals and coordination responsibilities, but this could improve veteran outcomes if VA resources are available; however, delays may occur if VA facilities are at capacity or geographically distant.
Law enforcement gains clear firearm surrender protocols and verification procedures—but may face increased administrative duties and potential liability if firearm return procedures are mismanaged.
Treatment facilities gain clearer timelines and referral pathways but face operational strain from 24-hour evaluation mandates and 168-hour hold requirements, especially in under-resourced areas.