Washington Revised Code Title 10. Criminal Procedure § 10.77.010. Definitions

(1) “Admission” means acceptance based on medical necessity, of a person as a patient.

(2) “Commitment” means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less-restrictive setting.

(3) “Community behavioral health agency” has the same meaning as “licensed or certified behavioral health agency” defined in RCW 71.24.025.

(4) “Conditional release” means modification of a court-ordered commitment, which may be revoked upon violation of any of its terms.

(5) A “criminally insane” person means any person who has been acquitted of a crime charged by reason of insanity, and thereupon found to be a substantial danger to other persons or to present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions.

(6) “Department” means the state department of social and health services.

(7) “Designated crisis responder” has the same meaning as provided in RCW 71.05.020.

(8) “Detention” or “detain” means the lawful confinement of a person, under the provisions of this chapter, pending evaluation.

(9) “Developmental disabilities professional” means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.

(10) “Developmental disability” means the condition as defined in RCW 71A.10.020(5).

(11) “Discharge” means the termination of hospital medical authority.  The commitment may remain in place, be terminated, or be amended by court order.

(12) “Furlough” means an authorized leave of absence for a resident of a state institution operated by the department designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release from the court under this chapter, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or institutional staff, while on such unescorted leave.

(13) “Habilitative services” means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning.  Habilitative services include education, training for employment, and therapy.  The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct.

(14) “History of one or more violent acts” means violent acts committed during:  (a) The ten-year period of time prior to the filing of criminal charges;  plus (b) the amount of time equal to time spent during the ten-year period in a mental health facility or in confinement as a result of a criminal conviction.

(15) “Immediate family member” means a spouse, child, stepchild, parent, stepparent, grandparent, sibling, or domestic partner.

(16) “Incompetency” means a person lacks the capacity to understand the nature of the proceedings against him or her or to assist in his or her own defense as a result of mental disease or defect.

(17) “Indigent” means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to the person or his or her family.

(18) “Individualized service plan” means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:

(19) “Professional person” means:

(20) “Release” means legal termination of the court-ordered commitment under the provisions of this chapter.

(21) “Secretary” means the secretary of the department of social and health services or his or her designee.

(22) “Treatment” means any currently standardized medical or mental health procedure including medication.

(23) “Treatment records” include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by behavioral health administrative services organizations and their staffs, by managed care organizations and their staffs, and by treatment facilities.  Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, behavioral health administrative services organizations, managed care organizations, or a treatment facility if the notes or records are not available to others.

(24) “Violent act” means behavior that:  (a)(i) Resulted in;  (ii) if completed as intended would have resulted in;  or (iii) was threatened to be carried out by a person who had the intent and opportunity to carry out the threat and would have resulted in, homicide, nonfatal injuries, or substantial damage to property;  or (b) recklessly creates an immediate risk of serious physical injury to another person.  As used in this subsection, “nonfatal injuries” means physical pain or injury, illness, or an impairment of physical condition.  “Nonfatal injuries” shall be construed to be consistent with the definition of “bodily injury,” as defined in RCW 9A.04.110.