WPI 360.05.02 Less Restrictive Alternative—Behavioral Health Disorder—Involuntary Treatment—Def...
6A WAPRAC WPI 360.05.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 360.05.02 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XIX. Involuntary Treatment
Chapter 360. Behavioral Health Disorders
WPI 360.05.02 Less Restrictive Alternative—Behavioral Health Disorder—Involuntary Treatment—Definition
Less restrictive alternative treatment means an individualized program of court-ordered behavioral health treatment, under conditions to be imposed by the judge, in a setting other than detention. Less restrictive alternative treatment may include behavioral health treatment on an outpatient basis, medication, substance abuse counseling, residential treatment, housing, and other conditions to be imposed by the judge.
NOTE ON USE
This instruction may be used to assist jurors in understanding the general nature of less restrictive alternative treatment. A jury is required to consider the appropriateness of a less restrictive alternative if the jury finds a person has a behavioral health disorder. See WPI 360.21 (Special Verdict Form [A] (90 Days)—Behavioral Health Disorder—Involuntary Treatment), WPI 360.22 (Special Verdict Form [A] (180 Days)—Behavioral Health Disorder—Involuntary Treatment), and WPI 360.23 (Special Verdict Form [B]—Behavioral Health Disorder—Involuntary Treatment—In Need of Assisted Outpatient Treatment).
Laws of 2020, Chapter 302, § 41; RCW 71.05.020(31); RCW 71.05.320(2); RCW 71.05.585.
Under RCW 71.05.320(2), the judge has three options when the jury's verdict is for less restrictive treatment. The judge must remand the respondent into the custody of the Department of Social and Health Services (DSHS), or into a facility that DSHS has certified for 90-day treatment, or to a less restrictive alternative. However, if the sole basis for commitment is “in need of assisted outpatient treatment,” the court must enter an order for less restrictive alternative treatment and may not order inpatient treatment. See RCW 71.05.320(2).
[Current as of February 2021.]
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