Lawmakers: Mental health system improved; critics disagree

SEATTLE — Lawmakers say the Legislature made significant improvements during the 2015 session to provide services for Washington’s mentally ill, but critics say some of the bills passed in an effort to fix a system sharply criticized by the courts could make matters worse and lead to more litigation.

“I’m in my fifth year at the Legislature and this is the first time we invested money into the mental health system,” said Rep. Laurie Jinkins, D-Tacoma. “Right now we’ve slated around $100 million. That’s probably the biggest investment in mental health we’ve ever made.”

Just before the regular session started, the Washington Supreme Court ruled that the state’s practice called “psychiatric boarding” is unlawful. When no beds were available at the state’s psychiatric hospitals, mentally ill people acting in a dangerous manner were instead strapped to gurneys in emergency rooms without receiving treatment. The court said if a person is held under the Involuntary Treatment Act, they must be treated.

And then on April 2, a federal judge ruled in a class-action lawsuit that forcing people to wait in jails for weeks or months for competency evaluations and treatment violates their constitutional rights. U.S. District Judge Marsha Pechman issued a permanent injunction against the state Department of Social and Health Services requiring it to provide competency services within seven days of a judge’s order.

Mike De Felice, supervisor of the Involuntary Commitment Court’s public defense team, said one bill that creates a new involuntary outpatient commitment system has set standards that are unconstitutional.

“We were in favor of the idea, but we’re opposed to the way it was written,” he said Friday. “This could have been the signature mental health bill of the session, but instead it fell far short.”

The 2015 legislative session ended April 24 and lawmakers are back in a special session to settle budget differences. While they argue over how to fund the state’s education and transportation systems, they’ve agreed on funding for mental health programs. During the special session, they also will discuss several bills that aim to satisfy the recent court rulings.

Sen. Steve O’Ban, a Pierce County Republican, was one of several lawmakers who sponsored measures related to competency services and said the Legislature made significant changes.

“It’s pretty clear to me that there is bipartisan recognition that this has been an under-funded area,” he said. “It was a very productive session on the two basics of our mental health system – the involuntary treatment act and our forensic system.”

Lawmakers passed and the governor signed one O’Ban-sponsored bill that requires competency evaluations and treatment within 14 days of a judge’s order. However, Pechman’s injunction established a seven-day limit.

O’Ban said they’re still working on another bill that would allow competency evaluations to be conducted in jails to speed up the process.

“Jails are the logical place, but we may need additional staff,” he said, adding this would only be for the evaluations.

Mark Cooke, with the American Civil Liberties Union, said they won’t support any plan that includes restoration services in jails. He’s concerned because the bill in question, Senate Bill 5177, includes a jail option.

Cooke said they’re also opposed to Senate Bill 5649, which lets the social services agency control the rulemaking for places that provide single-bed certifications for people held under the Involuntary Treatment Act. Cooke said the bill undermines the Supreme Court ruling.

“It essentially allows DSHS – the very agency that violated individuals’ constitutional rights for years – to determine what an adequate threshold is for certifying a bed,” he said.

The bill was sent to the governor on April 23, but hasn’t been signed.

Another bill awaiting the governor’s signature is House Bill 1450. It would allow people committed under the Involuntary Treatment Act to receive outpatient treatment.

Jinkins said the plan would allow earlier intervention and keep people from being sent to the hospital.

But De Flice with the civil commitment court said the bill is flawed in two areas.

The criteria to force someone into the outpatient treatment is unconstitutional, he said. Rather than looking at the person’s current mental state, it focuses on past behavior, he said.

“I don’t believe this is a constitutionally adequate basis for involuntary treatment, even in an outpatient setting,” he said.

Another problem area in the bill, he said, was the standard used to prove someone qualifies for involuntary treatment.

He said lawmakers were told about these concerns, but they passed the bill anyway.

“I think it will lead to litigation,” he said.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Trader Joe’s customers walk in and out of the store on Monday, Nov. 20, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
New Trader Joe’s opens this week at Everett Mall

It’s a short move from a longtime location, essentially across the street, where parking was often an adventure.

Ian Bramel-Allen enters a guilty plea to second-degree murder during a plea and sentencing hearing on Wednesday, March 6, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
‘Deep remorse’: Man gets 17 years for friend’s fatal stabbing in Edmonds

Ian Bramel-Allen, 44, pleaded guilty Wednesday to second-degree murder for killing Bret Northcutt last year at a WinCo.

Firefighters respond to a small RV and a motorhome fire on Tuesday afternoon in Marysville. (Provided by Snohomish County Fire Distrct 22)
1 injured after RV fire, explosion near Marysville

The cause of the fire in the 11600 block of 81st Avenue NE had not been determined, fire officials said.

Ashton Dedmon appears in court during his sentencing hearing on Tuesday, March 5, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Everett Navy sailor sentenced to 90 days for fatal hit and run

Ashton Dedmon crashed into Joshua Kollman and drove away. Dedmon, a petty officer on the USS Kidd, reported he had a panic attack.

A kindergarten student works on a computer at Emerson Elementary School on Wednesday, Feb. 28, 2024, in Everett, Washington. (Ryan Berry / The Herald)
‘¡Una erupción!’: Dual language programs expanding to 10 local schools

A new bill aims to support 10 new programs each year statewide. In Snohomish County, most follow a 90-10 model of Spanish and English.

Logo for news use featuring the Tulalip Indian Reservation in Snohomish County, Washington. 220118
Woman drives off cliff, dies on Tulalip Reservation

The woman fell 70 to 80 feet after driving off Priest Point Drive NW on Sunday afternoon.

Everett
Boy, 4, survives fall from Everett fourth-story apartment window

The child was being treated at Seattle Children’s. The city has a limited supply of window stops for low-income residents.

People head out to the water at low tide during an unseasonably warm day on Saturday, March 16, 2024, at Lighthouse Park in Mukilteo, Washington. (Ryan Berry / The Herald)
Everett shatters record high temperature by 11 degrees

On Saturday, it hit 73 degrees, breaking the previous record of 62 set in 2007.

Snohomish County Fire District #4 and Snohomish Regional Fire & Rescue respond to a motor vehicle collision for a car and pole. The driver was pronounced dead at the scene, near Triangle Bait & Tackle in Snohomish. (Snohomish County Sheriff’s Office)
Police: Troopers tried to stop driver before deadly crash in Snohomish

The man, 31, was driving at “a high rate of speed” when he crashed into a traffic light pole and died, investigators said.

Alan Dean, who is accused of the 1993 strangulation murder of 15-year-old Bothell girl Melissa Lee, appears in court during opening statements of his trial on Monday, March 18, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
31 years later, trial opens in Bothell teen’s brutal killing

In April 1993, Melissa Lee’s body was found below Edgewater Creek Bridge. It would take 27 years to arrest Alan Dean in her death.

Logo for news use featuring the municipality of Snohomish in Snohomish County, Washington. 220118
Man dies after crashing into pole in Snohomish

Just before 1 a.m., the driver crashed into a traffic light pole at the intersection of 2nd Street and Maple Avenue.

Bodies of two men recovered after falling into Eagle Falls near Index

Two men fell into the falls and did not resurface Saturday, authorities said. After a recovery effort, two bodies were found.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.