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5946. Qualifications, powers, and term of superitendent.

5947. Testimony of superintendent, how obtained-Jury duty. 5948. Superintendent to provide seal-Use of.

CHAPTER III.-ACCEPTANCE OF DONATIONS TO HOSPITALS FOR THE INSANE.

5949. Superintendent authorized to accept donations. Superintendent to report to state treasurer. Fund of special contributions.

5950. 5951.

5952. Use of such funds.

5953.

CHAPTER IV.-COMMITMENT OF PATIENTS. Person charged with insanity-Examination of. 5953-1. Preliminary commitment and observation. 5953-2. Investigation of nationality-Report. 5953-3. Deportation of insane aliens.

5953-4. Appropriation.

5954.

5955. 5956. 5957.

Warrant of commitment-Issuance of-Form, etc.
Proceedings where superior judge is disabled.
Liabilities of counties for costs of commitment.
Commitment of arraigned person-Costs.
Proceedings in case convict becomes insane.
5959. Exemptions from being committed as insane.
Nonresident persons shall not be admitted.
Infected person shall not be admitted.

5958.

5960.

Judge may order patient removed, when-Return.
Preference of admission-To whom given.
History of patient to be ascertained.

5961.

5962.

5964.

5965.

5966.

5967.

5968.

Notice of death or discharge to be given.

5969.

Friends may take charge of patients, when-Bond.

5970.

Provisions as to receiving patients.

Discharge of patients-Provision for indigent.

Order of commitment to be filed before account allowed.

CHAPTER V.-TREATMENT OF PATIENTS. 5971. Duty of superintendent respecting mail of patients. 5972. Coroner's inquest shall be held, when-Expenses. 5973. Proceedings upon escape of patient.

CHAPTER VI.-CUSTODY AND RELEASE OF THE CRIMINAL INSANE COMMITTED TO PRISON.

5974.

Certification of statement of facts, etc.-Return of record.

5975. Procedure to secure discharge.

5976.

Recommitment after discharge-Procedure.

5977. Ward for criminal insane-Discharge-Custody.

5978. Criminal insane to be transferred to penitentiary. 5979. Commitment of persons after acquittal-Procedure.

CHAPTER I.

Establishment of Hospitals for Insane.

§ 5936. Establishment at Steilacoom.-A hospital for the insane in Washington shall be and hereby is permanently located and established at Fort Steilacoom, in Pierce county. [L. '86, p. 141, § 1; 1 H. C., § 1234.]

For former laws on the subject of care of the insane, see L. '62, pp. 59, 60; L '66, p. 109; L. '67, pp. 111-113; L. '69, p. 357; L. '75, pp. 83-89; L. 77, p. 225; Cd. '81, §§ 2247-2283; L. '86, pp. 144, 145; L. '88, pp. 108-114.

§ 5937. Establishment at Medical Lake.-A state hospital for the insane shall be and is hereby permanently established and located in the town of Medical Lake, Spokane county. [L. '88, p. 108, § 1; 1 H. C., § 1235.]

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$5938. Hospital at Steilacoom Western State Hospital. - The hospital for insane situated at Fort Steilacoom in Pierce county shall hereafter be styled and known as "The Western State Hospital." [L. 15, p. 255, § 2. Cf. L. '90, p. 482, § 1; 1 H. C., § 1236.]

§ 5939. Hospital at Medical Lake-Eastern State Hospital.-The hospital for insane situated at Medical Lake in Spokane county, shall hereafter be styled and known as "The Eastern State Hospital." [L. '15, p. 255, § 3. Cf. L. '90, p. 482, § 2; 1 H. C., § 1237.]

§ 5940. Northern State Hospital.-That the Western Washington Hospital Farm situated near the town of Sedro-Woolley in Skagit county be and the same is hereby established as a state hospital for the insane and shall hereafter be styled and known as the "Northern State Hospital." [L. '15, p. 254, § 1. Cf. L. '09, p. 754, § 1.]

$ 5941. Expenses, How Paid.-All expenses incurred by the com mission in the performance of its duties as defined herein shall be certified by the secretary and chairman to the board having control of the Western Washington hospital for the insane, and such amounts shall by such board be drawn on vouchers to the state auditor as other accounts are paid by such board. [L. '09, p. 755, § 3.]

§ 5942-1. Repealing Clause.-Section 5942 of Rem. & Bal. Code and all other acts and parts of acts in conflict herewith are hereby repealed. [L. '15, p. 258, § 9. See L. '09, p. 756, § 4.]

§ 5943. Patients Removed-Products of Farm.-Upon the completion of the proper buildings on such farm the superintendent shall remove thereto such patients in the Western Washington hospital for the insane as in his judgment are physically able to perform manual labor and are otherwise fitted to be kept on such farm, and shall from time to time remove others from such hospital to such farm, and may when in his judgment it is necessary or expedient, return patients. from such farm to the hospital. It shall be the endeavor to make such farm self-sustaining. The products of such farm over and above what is necessary for use thereon may be shipped to other state

institutions, and may, when the board shall deem best, be sold as ordinary farm produce is sold and the proceeds thereof shall be turned into the state treasury. [L. '09, p. 756, § 5.]

CHAPTER II.

Government of Hospitals for Insane.

§ 5944. Powers and Duties of Board. The state board of control shall have power to make all the repairs and improvements that, in their judgment, may be necessary for the conduct of the hospitals under their charge and to hold, manage, dispose of and convey all personal property made over to them by purchase, gift, devise or bequest, and the proceeds and increase thereof, for the use of said hospitals. They shall take charge of the general interests of said hospitals and shall manage and conduct the same in such manner as may appear to them best and most economical. They shall appoint a superintendent for each of said hospitals, and may ordain by-laws for the government of said hospitals, and therein may prescribe, in any manner consistent with the laws of the state, the duties of all persons connected in any way with the management of the hospitals under their charge. [L. '15, p. 255, § 4. Cf. L. '90, p. 484, § 7; 1 H. C., § 1243.]

See infra, § 8933, board of control to have charge.
See infra, § 8947, accounts of hospitals how kept.
See infra, § 8949, contingent fund of.

§ 5945. Members-Not to be Employed or Interested in Contracts. No member of the state board of control shall be appointed to or employed in any office under authority of the board except as provided in section 5 of this act, nor be directly or indirectly interested in any contract, debt, or account to be made by said board for any purpose whatever. [L. '90, p. 485, § 12; 1 H. C., § 1244.]

"Section 5," omitted as impliedly repealed.

§ 5946. Qualifications, Powers, and Term of Superintendent. The superintendent shall be a skillful practicing physician, and shall reside in the hospital. [He shall hold his office for such time as the state board of control may deem wise, and for the efficiency and economy of the institution;] he shall have entire control of the medical, moral, and dietetic treatment of the patients, and, so far as is not inconsistent with the by-laws and regulations of the hospital, of all other internal government and economy of the institution, and he shall, in such manner and under such restrictions, and for such terms of time as the by-laws may prescribe, appoint all subordinate officers

and employees, and shall have entire direction of them in their duties. L '90, p. 484, § 8; 1 H. C., § 1245.]

Superseded as to the bracketed words by § 8936, infra.

§ 5947. Testimony of Superintendent, How Obtained-Jury Duty. The superintendent shall not be required to attend any court as a witsess in a civil suit, but parties desiring his testimony can take and use his deposition; nor shall he be required to attend as a witness in any criminal case, unless the judge of the court before which his testimony shall be desired shall, upon being satisfied of the materiality of his testimony, require his attendance; and he and all other persons employed at the hospital shall be exempt from serving on juries, and, in time of peace, from performing military duty; and the eertificate of the superintendent shall be evidence of such employment. [L. '90, p. 485, § 9; 1 H. C., § 1246.]

§ 5948. Superintendent to Provide Seal-Use of.-The superintendent shall provide an official seal, upon which shall be inscribed the statute name of the hospital under his charge and the name of the state. He shall affix the seal of the hospital to any notice, order of discharge, or other paper required to be given by him or issued. [L. '90, p. 491, § 36; 1 H. C., § 1247.]

CHAPTER III.

Acceptance of Donations to Hospitals for the Insane.

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§ 5949. Superintendent Authorized to Accept Donations.-The superintendent of either of the asylums for the insane of this state is authorized to accept and receive from any person or association desiring to make a payment or contribution of money for the assistance or support of such asylum any sum so offered to said superintendent and to issue to such person under his hand and seal a receipt for any amount so paid or contributed. [L. '03, p. 192, § 1.]

§ 5950. Superintendent to Report to State Treasurer. On the first day of January of each year and every three months thereafter, the superintendent of each of the asylums for the insane shall report to the state treasurer the names and addresses of all persons that have during the preceding three months paid any money to such superintendent as contemplated in the preceding section, and said superintendent shall with such report, remit to the state treasurer all moneys theretofore received. [L. '03, p. 192, § 2.]

§ 5951. Fund of Special Contributions.-The state treasurer shall credit all moneys received under the provisions of this chapter to

a fund which shall be known as the "Fund of special contributions for the insane," and shall also keep a book alphabetically arranged in which shall be entered the name and address of all persons contributing to said fund and the date and amount of any such payments, as reported by the superintendents of the hospitals for the insane. [L. '03, p. 193, § 3.]

§ 5952. Use of Such Funds. It is hereby declared to be the policy, and to be understood, that all moneys accumulating in the said "Fund of special contributions for the insane" shall only be appropriated or used for the benefit and maintenance of the hospitals for the insane of the state of Washington. [L. '03, p. 193, $ 4.]

CHAPTER IV.

Commitment of Patients.

§ 5953. Person Charged With Insanity-Examination of. The superior court of any county in this state, or the judge thereof, upon the application of any person under oath, setting forth that any person, by reason of insanity, is unsafe to be at large, shall cause such person to be brought before him, and he shall summon to appear at the same time and place two or more witnesses, who shall testify, under oath, as to conversation, manners, and general conduct upon which said charge of insanity is based; and shall also cause to appear before him, at the same time and place, two reputable physicians, before whom the judge shall examine the charge, unless the accused, or anyone in his or her behalf, shall demand a jury to decide upon the question of insanity. If such demand be made, the trial shall be by jury. If no jury be demanded, and the said physicians, after a careful hearing of the case, and a personal examination of the alleged insane person, shall certify under oath that the person examined is insane, and the case is of a recent or curable character, or that the said insane person is of a homicidal, suicidal, or incendiary disposition, or that from any other violent symptoms, the said insane person would be dangerous to his or her own life, or the lives and property of the community in which he or she may live; and if said physicians shall also certify to the name, age, nativity, residence, occupation, length of time in this state, state last from, previous habits, premonitory symptoms, apparent cause, and class of insanity, duration of the disease, and present condition, as nearly as can be ascertained by inquiry and examination; and if the judge shall be satisfied that the facts revealed in the examination establish the existence of the insanity

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