Reforms to Involuntary Commitment Law Can Save Lives

[Editor’s Note: This article was amended on July 23, 2025, to include information about Ricky’s Law.]

In its 2026 state budget, New York is putting a concerted effort behind addressing severe mental illness by expanding its involuntary hospitalization law and increasing the number of psychiatric beds.

Kendra’s Law, which allows the involuntary hospitalization of those with a mental illness who pose a threat to themselves or others, will now also allow the hospitalization of those who are unable to care for themselves because of their mental illness. Washington state would do well to follow New York’s example.

In Washington state, involuntary hospitalizations are handled by designated crisis responders (DCRs) under the state’s Involuntary Treatment Act. DCRs determine whether the individual exhibiting a mental illness or substance use disorder is “in danger of serious harm.” Under this requirement, an individual can only be committed if “a substantial risk exists that physical harm will be self-inflicted, inflicted upon another, or inflicted upon the property of others.”

In 2015, Washington state expanded this act with Joel’s Law, which gives family members, legal guardians, conservators and even tribal nations a route to petition the court to order a mentally ill individual into treatment.

Joel Reuter, the law’s namesake, was shot and killed in July 2013 by Seattle police after a seven-hour armed standoff at his Capitol Hill condo. Reuter had been diagnosed with bipolar disorder. His parents had tried 48 times to get Joel into treatment but were consistently told that unless he was an imminent threat to himself or others, there was nothing that could be done. By the time he became a threat, the situation he created was far too dangerous for a DCR to intervene.

Since 2020, Joel’s Law petitions have increased by 266 percent statewide, mostly originating in Pierce and King counties, although Snohomish County followed with the third-highest number of petitions. This is the same region that comprises over half of Washington state’s unsheltered homeless population. This point should not be overlooked, considering that a significant portion of the homeless population suffers from untreated severe mental illnesses. Washington state has the third-highest homeless population in the country, according to HUD’s 2024 report.

In 2018, the state expanded involuntary hospitalization criteria again with Ricky’s Law, which allows DCRs to detain those with a substance use disorder who pose a risk to themselves or others or are gravely disabled.

While Joel’s Law and Ricky’s Law were much-needed improvements to the original Involuntary Treatment Act, further enhancements are necessary. Reporters Conor Wilson and Moe K. Clark recently analyzed the current efficacy of Joel’s Law. They told the frustrating story of Bremerton mother Tatiana Leone, whose son lives homeless in Seattle with a history of mental illness. She successfully used Joel’s Law in 2020, but her son was only detained for three days before he was released, hardly enough time to stabilize him or provide meaningful treatment.

For another example, take actor Billy Baldwin’s visit to Seattle last summer, while touring for his film “No Address.” While walking the streets of downtown, he came upon a 22-year-old man unconscious on the sidewalk after taking fentanyl. First responders were called, but the young man, once revived, refused medical treatment. Firefighters explained to bystanders that there was nothing more they could do to help and that to take the young man against his will would be “kidnapping.” But Baldwin complained, “He’s not in the proper state of mind to make that decision on his own behalf.”

Ricky’s Law does not allow for the same parties in Joel’s Law to petition a court on a loved one’s behalf who is suffering from a substance use disorder. There must be a co-existing mental health disorder to utilize Joel’s Law.

Many, including spokesmen interviewed for Wilson and Clark’s report, argue that involuntary commitment is an inappropriate response that violates an individual’s civil liberties. Unfortunately, when civil liberties are prioritized over treatment for those with severe mental illness or substance use disorders, the result is often homelessness, suffering, and death; whether by overdose or a tragic encounter with law enforcement.

Like New York, Washington should strengthen its involuntary commitment laws by expanding eligibility to include those who are unable to care for themselves. Hand-in-hand with that measure, Washington should also commit to increasing its psychiatric bed capacity, which currently stands at 13.3 beds per 100,000 population. The Treatment Advocacy Center recommends a minimum of 50 beds per 100,000. And finally, the state should review the length of time an individual can be held when involuntarily hospitalized to ensure it is adequate for treatment and recovery.

Without taking these steps, Washington will continue to suffer from homelessness, overdoses, fatalities, crime, and chaos. New York has provided a blueprint that compassionately addresses the needs of the suffering while restoring public order. Washington state should follow suit.