Forensic Civil Commitment

The Forensic Civil Commitment program provides legal help for people who are involved in the legal system under RCW 10.77, RCW 71.09, and RCW 71.05.

Although people who receive our services may have been accused or convicted of crimes in the past, none of these are criminal cases. While criminal cases deal with addressing events (potential crimes) that have already happened, our programs exist to address predictions about what someone might do in the future. In these cases, the government suggests that a person’s risk of harming themselves or others is high enough that their personal freedoms should be restricted. These restrictions vary from total confinement in secure treatment facilities or state hospitals, to monitoring or controlling where people go, who they interact with, and more. Our multidisciplinary defense teams ensure that important rights are not taken away without due process of the law.

RCW 10.77 – Not Guilty by Reason of Insanity (NGRI)

OPD oversees public defense services for individuals found Not Guilty by Reason of Insanity and who have been committed under Chapter 10.77 RCW.

OPD serves clients who have been committed to:

Current Services:

OPD contracts with attorneys and social workers across the State of Washington to represent individuals in post-commitment proceedings OPD also administers funds for expert witnesses and other professional services.

RCW 71.09

Under Chapter 71.09 RCW, the Office of Public Defense (OPD) contracts with attorneys and social workers throughout Washington to provide legal representation for indigent individuals facing civil commitment proceedings for certain sexual offenses. However, these are not criminal cases. The petitions for commitment are based on sexual offense charges or convictions from the person’s history. Many people in this program have already served prison sentences before being detained under 71.09.

Additional Support:

OPD administers payments for:

  • Investigators
  • Expert witnesses
  • Other professional services

To find more information about the program View our Reports.

To learn more about the Special Commitment Center visit Special Commitment Center | DSHS.wa.gov ► 

RCW 71.05 – Involuntary Treatment Act (ITA)

In March 2025, the Office of Public Defense (OPD) started providing legal representation at two state-run facilities in King County for involuntary mental health holds when it is alleged that the individual poses a threat to themselves or others, as outlined in RCW 71.05. Counties typically handle these cases, and the OPD only gets involved when a county asks the Health Care Authority to contract with us for this service.

What is the ITA?

The Involuntary Treatment Act allows for commitment of people who are:

  • Gravely disabled as a result of a behavioral health or substances use disorder
  • A danger to themselves or others

Services Provided:

  • Legal representation for 90- and 180-day petitions
  • Social work services for additional client support
  • Funding for expert services and investigators

Where are patients housed?

To learn more about how this program got started, view Engrossed Second Substitute Senate Bill 5745 – the bill that directed OPD to get involved in certain Involuntary Treatment Act cases at the request of counties and the Health Care Authority. Read the bill: 5745-S2.E HBR APH 25 ►

Defense Social Workers

Defense Social Workers are embedded in each of the Forensic Civil Commitment (FCC) legal practices, and they operate as part of a multi-disciplinary team with the defense attorney assigned to the case. Civil cases are an area of practice with unique elements that mesh well with social worker education and expertise. 

What social workers do:

  • Release planning
  • Limited mitigation
  • Client support & advocacy
  • Address long-term needs and the ability to sustain the plan after the case has been resolved

OPD contract attorneys who wish to incorporate social work services into their civil practice may request one from the FCC Social Services Manager, who will make the assignment. Social workers and attorneys collaborate together to achieve the goals of a case in a way that is client-centered, and ultimately, improves client representation and outcomes.

Frequently Asked Questions (FAQ)

 
Why is your program called Forensic Civil Commitment?

“Forensic” when used in the legal system describes when scientific knowledge is applied to legal questions. In our programs, we deal primarily with “forensic mental health” which describes the overlap between law and psychology, like when a court requires someone to receive mental health treatment.

“Civil Commitment” is a legal process that allows the government to involuntarily limit the freedom of people who meet certain criteria, like being a danger to themselves or others. The criteria vary depending on the type of civil commitment. They are written in specific laws that also set out rules the government has to follow if they want to commit someone.

What is “Not Guilty by Reason of Insanity” (NGRI)?

It is an adjudication where someone is not held criminally responsible due to a mental illness at the time of the offense. They may be committed to a psychiatric facility following such a finding.

When did each program start?
  • NGRI: The bill was signed into law on April 20, 2023 and became effective immediately. Legislative appropriations to fund the program became effective July 1, 2023 and all indigent expert defense service costs incurred prior to July 1, 2023 remain the responsibility of the counties and/or the DSHS-Behavioral Health Administration.
  • 71.09: OPD began administering the program in 2012. OPD has observed that continuity of representation by the same legal team promotes trusting relationships with clients and improves client participation in treatment and case planning.
  • 71.05 ITA: This program started in March 2025. We have a limited jurisdiction over which ITA cases we handle, otherwise they are handled at a county public defense level. 
What is civil commitment under RCW 71.09?

For persons previously charged or convicted of certain sexual offenses, the state may seek indefinite civil commitment if the person is considered more likely than not to commit a future sexual offense.

What is the difference between RCW 71.05 and 71.09?

71.05 (ITA): Covers individuals who need mental health treatment due to risk of harm or disability, typically shorter-term (90–180 days).

71.09: Involves long-term or indefinite civil commitment and treatment for persons who have been charged of convicted of certain sexual offenses.

How do I contact OPD for more information?

Email: opd@opd.wa.gov

Phone: 360-586-3164 ext. 214