Washington Order of Detention

State:
Washington
Control #:
WA-SKU-2679
Format:
Word
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Description

Order of Detention

A Washington Order of Detention is a court order issued by a judge of the Superior Court of Washington that requires a person to be detained in a secure facility pending a hearing or trial. This order is often used when an individual poses a risk to public safety or when there is a risk of them fleeing the jurisdiction. There are three types of Washington Order of Detention: Pre-Trial Detention, Post-Conviction Detention, and Detention for Mental Health. Pre-Trial Detention is used when there is a risk of a defendant fleeing the jurisdiction or being a danger to the public. Post-Conviction Detention is used when a defendant has been convicted of a crime and is considered to be a risk to the public. Detention for Mental Health is used when a person is considered to be a risk to themselves or others due to mental health issues.

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FAQ

Joel's Law allows a person's immediate family member, legal guardian, conservator, or a federally recognized Indian Tribe (Tribe), if the person is a member (citizen) of such tribe, to petition the superior court for initial detention under certain conditions, which are outlined below.

Under the Civil Commitment statute, either a police officer or a mental health professional can involuntarily detain a person for up to 72 hours to a locked unit of an Evaluation and Treatment (E and T) Facility.

A detention order is a type of court order that can be made at a bail hearing. If the judge or justice of the peace makes a detention order, you will remain in custody until your case is finished, or you are released on a bail review.

The duty to warn or to take reasonable precautions to provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel. 2020 c 302 § 11; 2019 c 446 § 22. Prior: 2016 sp. s.

Except as otherwise provided under this section, a peace officer may use deadly force against another person only when necessary to protect against an immediate threat of serious physical injury or death to the officer or another person.

In Washington, there is a three-year statute of limitations for personal injury, injury to property, fraud, and trespass claims; but defamation claims only have a two-year limit.

One of Washington state's new laws, HB 1310, forbids police officers from using force to detain someone unless they have enough evidence to arrest them.

Title 71 RCW: BEHAVIORAL HEALTH.

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Washington Order of Detention