Less Restrictive
Alternatives in Civil Commitment Cases
Generally in civil commitment proceedings in Washington, less
restrictive alternative (LRA) treatment orders are favored. A person
under an LRA order is required by the court to comply with certain
treatment terms and conditions, but they mostly retain their freedom of
movement. Thus, an LRA is
less
restrictive than detention. For example, a person subject
to an LRA court order
might be allowed to live at home and work at his job, but be required
to take his medication every day and see a counselor once a week.
In contrast, a person
detained
under Washington's Involuntary Treatment Act does not have freedom of
movement. The person is confined, typically in a locked
facility
like a state hospital or a secure psychiatric wing of a general
hospital. The law provides individuals facing civil commitment
significant legal rights and procedural protections because
detention under an ITA order is a
very serious matter. If a person tries to leave
the facility, they will find the door
locked. If they manage to escape, the police will be called
to
apprehend them. It is fundamentally the same condition as being jailed
for committing a crime.
But there is an important difference between ITA detentions and
imprisonment. The latter is for the purpose of
punishment, and the
former is for the purpose of
treatment.
Thus, in cases where treatment aims can be completed without
confinement, there is no justification for denying a person their
fundamental liberty interest in freedom of movement. That is
why,
in civil commitment
proceedings in Washington, LRAs are favored over detention.
Typically, a person subject to an LRA order must:
- Take all medications as prescribed, including antipsychotic
medications.
- Keep all therapy appointments.
- Use no alcohol or illegal drugs.
- Refrain from harming or threatening to harm themselves or
others.
When
a person violates one or more terms of his LRA, the LRA may be revoked
and he may be returned to a secure facility and detained for the
balance of the LRA. The person will have a right to a court
hearing and the chance to assert to a judge that he in fact did not
violate his LRA.
Walla Walla attorney Jeff Burkhart has
extensive experience in the issuance and revocation of LRAs. If you, or
a family member, need assistance with a civil commitment LRA order,
contact Jeff Burkhart today.
Contact Us
Phone:
(509) 529-0630
Fax:
(509) 525-0630
Mail:
PO Box 946
Walla Walla, WA 99362
In Person:
6½ N. 2nd Avenue, Suite 200
Walla Walla, WA 99362
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