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SB 5588

Concerning the mental health sentencing alternative.

2023-2024 Regular Session Introduced by Manka Dhingra and 7 co-sponsors

HCA must reimburse in-custody mental health assessments, early treatment-plan development, and ongoing MHSA monitoring, enabling state-supported community-based treatment.

Effective date 6/6/2024.
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Bill Summary · SB 5588

SB 5588 — Concerning the Mental Health Sentencing Alternative (MHSA)

Status: Chapter 373, 2024 Laws. Governor signed 3/29/2024. Effective date: 6/6/2024. (Amends RCW 9.94A.695)

Purpose / Intent

The bill amends Washington’s Mental Health Sentencing Alternative (MHSA) statute to (1) change what the Department of Corrections (DOC) must include in its presentence report when the MHSA is being considered, (2) clarify and add procedural flexibility for courts, correctional facilities, DOC, and treatment providers to support transition to community-based treatment, and (3) require state reimbursement for certain in‑custody mental health services related to MHSA cases.

Key provisions

  • Presentence report content: If DOC is ordered to prepare a presentence investigation to assist MHSA eligibility, the report must include a diagnosis of the defendant’s mental illness (rather than a proposed treatment plan). The report must also identify a treatment provider (name/address), confirm the provider’s agreement to perform intake/psychiatric evaluation and to monitor and notify DOC/court if engagement fails, include a monitoring plan, recommended prohibitions/conditions, and a defendant-signed release for information.
  • Progress hearing reports: Before progress hearings, DOC and the treatment provider must submit written reports on the defendant’s treatment progress and compliance unless the court waives this requirement (granting courts explicit discretion to waive).
  • Delay of release: Courts or correctional facilities may delay a defendant’s release from total confinement to facilitate adherence to the treatment plan — e.g., allow direct transfer to inpatient treatment or supportive housing, establish transportation, or release during business hours when services are available.
  • Treatment and supervision requirements: Continues MHSA eligibility rules and required treatment conditions (meet providers, follow individualized treatment plan, take prescribed medication, abstain from alcohol/nonprescribed drugs if applicable). Community corrections officers (CCOs) supervising MHSA participants must receive mental‑health‑appropriate training.
  • Collaborative treatment response: Treatment providers, CCOs, and medical assistance representatives should jointly determine interventions for treatment-condition violations; CCOs retain authority to act independently in safety-related or psychosis‑related decompensation situations.
  • Health Care Authority (HCA) reimbursement: HCA must reimburse for (a) in‑custody mental health assessments, (b) in‑custody preliminary treatment plan development, and (c) ongoing monitoring of defendants’ adherence to MHSA plans, including reporting to the court and DOC. (Earlier versions proposed a contract model and a $1,000-per‑individual cap; adopted amendments removed the cap and changed reimbursement to direct HCA reimbursement. A previously proposed requirement for MCO contract terms was removed.)

Who is affected

  • Eligible defendants (felony, non‑serious violent/sex offense) considered for MHSA.
  • Courts (greater discretion to waive reports; authority to delay release).
  • DOC (presentence reporting requirements, assignment/supervision responsibilities).
  • Community corrections officers (training and supervisory role).
  • Treatment providers and behavioral health providers (in‑custody assessments, plan development, monitoring/reporting; eligible for HCA reimbursement).
  • Health Care Authority (administration of reimbursement).
  • Victims (courts must consider victims’ opinions as part of MHSA determination).

Procedural / timeline aspects

  • Community custody term ranges unchanged: 12–24 months if midpoint ≤ 36 months; 12–36 months if midpoint > 36 months.
  • The court may schedule progress, review, and termination hearings and may revoke MHSA under existing statutory standards (with credit for time served while in compliance and actively supervised in the community).
  • Effective statewide as of 6/6/2024.

Legislative action

  • Passed both chambers with amendments; Senate concurred in House amendments 3/5/2024. Governor signed 3/29/2024.

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

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