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Bill would let counties request state public defense for Involuntary Treatment Act cases
Summary
Senate Bill 5,745 would clarify which party is responsible for providing appointed counsel when a person is detained under the Involuntary Treatment Act and allow counties three options for securing counsel: provide local counsel, contract privately, or request the Health Care Authority to arrange Office of Public Defense representation.
Senate Bill 5,745 would change how appointed counsel is provided in Involuntary Treatment Act (ITA) cases by clarifying responsibilities when a person detained under the ITA is held in non‑state hospitals and new state facilities, witnesses told the Civil Rights & Judiciary Committee on March 25, 2025.
Committee staff Dee Dee Adams said the bill makes the county where a person is detained responsible for administering appointed counsel regardless of the person’s county of origin. The county could (1) provide or contract for counsel directly; (2) request that the county's Health Care Authority contract with the Office of Public Defense (OPD) to provide counsel on the county's behalf; or (3) contract…
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