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HB 1905

Concerning appointed counsel for individuals detained under the involuntary treatment act.

2025-2026 Regular Session Introduced by Darya Farivar and 7 co-sponsors

HB 1905 requires appointed legal counsel for individuals detained under Washington's involuntary psychiatric treatment act to ensure due process protection.

First reading, referred to Civil Rights & Judiciary.
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Bill Summary · HB 1905

Legislative bill overview

HB 1905 addresses the provision of legal counsel for individuals detained under Washington's Involuntary Treatment Act (ITA), which governs emergency psychiatric holds and involuntary commitment procedures. The bill appears to establish or modify requirements for appointed counsel representation during these detention proceedings. This ensures that individuals facing potential involuntary psychiatric commitment have legal representation during the judicial process.

Why is this important

Individuals detained under the ITA face significant restrictions on their liberty and autonomy during mental health crises. Without adequate legal counsel, vulnerable individuals may not understand their rights, the charges against them, or the implications of commitment orders. Proper legal representation is critical to ensuring due process protections and preventing prolonged or unnecessary involuntary detention.

Potential points of contention

  • Cost and funding: Expanding appointed counsel requirements increases government expenditures for public defender services, raising questions about budget allocation and whether counties or the state should bear costs
  • Timing and efficiency: Requiring appointed counsel in all ITA cases may slow emergency psychiatric intervention when immediate commitment is clinically necessary, creating tension between legal rights and urgent mental health treatment
  • Scope of representation: Unclear whether counsel applies to all ITA stages (initial hold, continued detention, commitment hearing) or specific phases, and what level of advocacy is required versus clinical decision-making authority

Compiled from official sources — confirm details with the bill’s official record.

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