Background
B.B. was charged with theft of a motor vehicle after stealing a work van from an Everett hospital. After two unsuccessful competency-restoration periods at Western State Hospital, the Snohomish County Superior Court found B.B. incompetent and unrestorable, dismissed the criminal charge, and ordered up to 72 additional hours of detention for a civil-commitment evaluation.
The order expired at 11:30 a.m. on August 19, 2024. Western State Hospital filed a petition for involuntary treatment under Washington’s Involuntary Treatment Act 44 minutes later. B.B. sought dismissal based on the gap in legal authority for his detention, but the trial court denied the motion and ultimately ordered a 90-day commitment after finding him gravely disabled.
The Court’s Holding
The court affirmed. Although B.B.’s 72-hour detention authority had expired before the civil-commitment petition was filed, the petition itself was governed by the ITA’s rule favoring decisions on the merits unless the statute has been “totally disregarded.” That standard applies even though the preceding evaluation hold arose under the criminal-competency statute, because the challenged petition sought civil commitment under the ITA.
A 44-minute delay did not require dismissal on these facts. The court distinguished Washington Supreme Court cases involving extended unauthorized detentions and attempts to restart commitment proceedings after legal authority expired. Here, the delay was brief, Western State Hospital used the appropriate petition procedure, its evaluator had attempted to assess B.B. during the evaluation period, and the record did not show systemic neglect or administrative malfeasance. The superior court therefore did not abuse its discretion in declining to find a total disregard of the ITA.
Key Takeaways
- A civil-commitment petition filed after a competency-related evaluation hold expires is assessed under the ITA’s total-disregard standard.
- An unauthorized detention does not automatically compel dismissal when a brief, isolated delay does not amount to a complete failure to respect the ITA.
- Courts must distinguish minor procedural oversights from the systemic or deliberate violations addressed in prior Supreme Court decisions.
Why It Matters
The decision rejects a bright-line rule that every lapse between an evaluation hold’s expiration and the filing of a civil-commitment petition mandates dismissal. It preserves judicial discretion to consider the length and circumstances of a procedural delay while recognizing the ITA’s protections for individual liberty, treatment needs, and public safety.