Washington Code 10.77.163 – Furlough — Notice — Temporary restraining order
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(1) Before a person committed under this chapter is permitted temporarily to leave a treatment facility for any period of time without constant accompaniment by facility staff, the superintendent, professional person in charge of a treatment facility, or his or her professional designee shall in writing notify the prosecuting attorney of any county to which the person is released and the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision conditionally to release the person. The notice shall be provided at least forty-five days before the anticipated release and shall describe the conditions under which the release is to occur.
Terms Used In Washington Code 10.77.163
- 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. See Washington Code 10.77.010
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Professional person: means :
Washington Code 10.77.010Release: means legal termination of the court-ordered commitment under the provisions of this chapter. See Washington Code 10.77.010 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Treatment: means any currently standardized medical or mental health procedure including medication. See Washington Code 10.77.010
(2) In addition to the notice required by subsection (1) of this section, the superintendent of each state institution designated for the custody, care, and treatment of persons committed under this chapter shall notify appropriate law enforcement agencies through the state patrol communications network of the furloughs of persons committed under RCW 10.77.086 or 10.77.110. Notification shall be made at least thirty days before the furlough, and shall include the name of the person, the place to which the person has permission to go, and the dates and times during which the person will be on furlough.
(3) Upon receiving notice that a person committed under this chapter is being temporarily released under subsection (1) of this section, the prosecuting attorney may seek a temporary restraining order to prevent the release of the person on the grounds that the person is dangerous to self or others.
(4) The notice requirements contained in this section shall not apply to emergency medical furloughs.
(5) The existence of the notice requirements contained in this section shall not require any extension of the release date in the event the release plan changes after notification.
(6) The notice provisions of this section are in addition to those provided in RCW 10.77.205.
NOTES:
Findings—Intent—1994 c 129: See note following RCW 4.24.550.