Bill would let counties request state public defense for Involuntary Treatment Act cases

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 privately for defense services. If HCA contracts with OPD, the bill would reduce the funding provided to the county's behavioral health administrative services organization (BHASO) by an amount equal to the OPD contract cost; that BHASO could still seek reimbursement from the BHASO serving the person's county of residence, Adams said.

Sponsor Senator Manka Dhingra said the bill is aimed at new state facilities created as part of efforts to expand civil treatment capacity and does not change existing law for state hospitals (which she identified as Western State Hospital, Eastern State Hospital and the Child Study and Treatment Center). Dhingra said the measure provides counties options because of workforce and capacity issues among public‑defense providers; King County had requested OPD assistance for patients at a new UW facility, she said.

Support and concerns: The Office of Public Defense told the committee it has an existing forensic civil‑commitment unit and supports providing counsel statewide where counties cannot meet the need. UW Medicine urged the committee to pass the bill, saying admissions to its new Center for Behavioral Health and Learning were paused briefly in fall 2024 when King County public defenders were not available; UW said it has resumed admissions and asked for legal clarity to avoid future interruptions. The governor’s office testified in support as well.

King County officials, however, told the committee they continue to have concerns. Joe McDermott said the county supports clarifying responsibility but warned that the bill would still make counties ultimately responsible if OPD cannot provide services; counties would be reimbursed for direct costs only, while OPD would receive full recoupment if it were contracted by HCA. King County recommended a more streamlined state-funded approach with OPD providing services directly and the state assuming full funding.

Ending: The bill was presented as a targeted fix to ensure new state facilities can receive patients without losing access to appointed counsel; sponsors and state officials said work remains on broader ITA fiscal and capacity issues.