Panel advances bill to authorize Office of Public Defense to provide counsel under Involuntary Treatment Act amid lingering fiscal and implementation concerns

The Civil Rights & Judiciary Committee on March 28 reported out Engrossed Second Substitute Senate Bill 5,745, a measure addressing procedures for appointment of counsel under the Involuntary Treatment Act (ITA) and authorizing the Office of Public Defense to provide appointed-counsel services at the request of a health-care authority or a county for individuals detained at a state facility.

Vice Chair Ferber moved the bill out of committee with a due-pass recommendation; members debated the measure's scope and fiscal implications during committee discussion. Representative Ferber framed the bill as necessary to ensure proper representation for people subject to involuntary treatment, saying the legislation is "really about ensuring that there's proper representation for individuals that are going through the involuntary treatment process." He also noted ongoing conversations with King County about implementation and liability.

Several members expressed concern that the proposal is not yet fully developed. Representative Walsh recommended a no vote, saying the bill "tries to do some good things" but is "just not quite baked yet," and raising concerns that the fiscal note is likely understated. Representative Jacobson cited testimony from King County arguing that the state should bear the full cost of defense when the state commits individuals to care; he said that concern motivated his no vote.

The committee recorded a 7-5 vote with one excused member to report the bill out of committee with a due-pass recommendation. Roll-call votes recorded in the transcript included: Taylor (aye); Farvar (aye); Walsh (nay, do not pass); Abel (nay, do not pass); Burnett (nay without recommendation); Entenmann (aye); Goodman (aye); Graham (nay without recommendation); Jacobson (nay, do not pass); Peterson (aye); Salahuddin (excused); Tai (aye); Wallen (aye). The staff announced the tally as "7 ayes, 5 nays, and 1 excused vote."

Committee members said further conversations are planned with counties and stakeholders to address outstanding questions about liability, access to facilities, and fiscal impact before subsequent steps. The transcript records no committee amendments to SB 5,745.