In Re Detention of R.W‪.‬

R.W. appeals his detention for involuntary treatment under RCW 71.05. Although the 90-day treatment period has long since expired, he challenges the lawfulness of the courts instruction that great weight be given to his past history of repeated hospitalizations or law enforcement interventions in determining whether a less restrictive alternative commitment should have been ordered. We hold that this issue is not moot because it may recur and there is a need for guidance. Because the statement upon which the instruction was based is found in the "Legislative intent and finding" section of the statute, it lacks operative force and does not justify an instruction. Thus, the instruction constituted an improper comment upon the evidence by the court. The evidentiary issues R.W. raises regarding the admission of evidence are moot and will not be addressed. We reverse the trial courts order of commitment and order the petition dismissed.