reglab/housing_qa huggingface dataset:
WA Rev Code § 10.77.040 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.040 - Instructions to jury on special verdict.

RCW 10.77.040 Instructions to jury on special verdict.Whenever the issue of insanity is submitted to the jury, the court shall instruct the jury to return a special verdict in substantially the following form: answer yes or no 1.Did the defendant commit the act charged? . . . . . 2.If your answer to number 1 is yes, do you acquit him or her because of insanity existing at the time of the act charged? . . . . . 3.If your answer to number 2 is yes, is the defendant a substantial danger to other persons unless kept under further control by the court or other persons or institutions? . . . . . 4.If your answer to number 2 is yes, does the defendant present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions? . . . . . 5.If your answers to either number 3 or number 4 is yes, is it in the best interests of the defendant and others that the defendant be placed in treatment that is less restrictive than detention in a state mental hospital? . . . . .[ 1998 c 297 § 33; 1974 ex.s. c 198 § 4; 1973 1st ex.s. c 117 § 4.]NOTES:Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
WA Rev Code § 10.77.050 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.050 - Mental incapacity as bar to proceedings.

RCW 10.77.050 Mental incapacity as bar to proceedings.No incompetent person shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity continues.[ 1974 ex.s. c 198 § 5; 1973 1st ex.s. c 117 § 5.]
WA Rev Code § 10.77.070 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.070 - Examination rights of defendant's expert or professional person.

RCW 10.77.070 Examination rights of defendant's expert or professional person.When the defendant wishes to be examined by a qualified expert or professional person of his or her own choice such examiner shall be permitted to have reasonable access to the defendant for the purpose of such examination, as well as to all relevant medical and psychological records and reports.[ 1998 c 297 § 36; 1973 1st ex.s. c 117 § 7.]NOTES:Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
WA Rev Code § 10.77.075 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.075 - Competency evaluation or competency restoration treatment—Court order.

RCW 10.77.075 Competency evaluation or competency restoration treatment—Court order.Within twenty-four hours of the signing of a court order requesting the secretary to provide a competency evaluation or competency restoration treatment:(1) The clerk of the court shall provide the court order and the charging documents, including the request for bail and certification of probable cause, to the state hospital. If the order is for competency restoration treatment and the competency evaluation was provided by a qualified expert or professional person who was not designated by the secretary, the clerk shall also provide the state hospital with a copy of all previous court orders related to competency or criminal insanity and a copy of any of the evaluation reports;(2) The prosecuting attorney shall provide the discovery packet, including a statement of the defendant's criminal history, to the state hospital; and(3) If the court order requires transportation of the defendant to a state hospital, the jail administrator shall provide the defendant's medical clearance information to the state hospital admission staff.[ 2015 1st sp.s. c 7 § 2.]NOTES:Finding—2015 1st sp.s. c 7: "(1) The legislature finds that there are currently no alternatives to competency restoration provided in the state hospitals. Subject to the availability of amounts appropriated for this specific purpose, the legislature encourages the department of social and health services to develop, on a phased-in basis, alternative locations and increased access to competency restoration services under chapter 10.77 RCW for individuals who do not require inpatient psychiatric hospitalization level services.(2) The department of social and health services shall work with counties and the court to develop a screening process to determine which individuals are safe to receive competency restoration treatment outside the state hospitals." [ 2015 1st sp.s. c 7 § 1.]Effective dates—2015 1st sp.s. c 7: "(1) Section 7 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 10, 2015].(2) Sections 1 through 6 and 8 through 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2015.(3) Section 16 of this act takes effect April 1, 2016." [ 2015 1st sp.s. c 7 § 19.]
WA Rev Code § 10.77.078 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.078 - Competency evaluation or restoration services—Offer of admission—City or county jail to transport defendant.

RCW 10.77.078 Competency evaluation or restoration services—Offer of admission—City or county jail to transport defendant.(1) A city or county jail shall transport a defendant to a state hospital or other secure facility designated by the department within one day of receipt of an offer of admission of the defendant for competency evaluation or restoration services.(2) City and county jails must cooperate with competency evaluators and the department to arrange for competency evaluators to have reasonable, timely, and appropriate access to defendants for the purpose of performing evaluations under this chapter to accommodate the seven-day performance target for completing competency evaluations for defendants in custody.[ 2015 1st sp.s. c 7 § 3.]NOTES:Finding—2015 1st sp.s. c 7: See note following RCW 10.77.075.Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.075.
WA Rev Code § 10.77.079 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.079 - Competency to stand trial—Continuation of competency process, dismissal of charges—Exceptions.

RCW 10.77.079 Competency to stand trial—Continuation of competency process, dismissal of charges—Exceptions.(1) If the issue of competency to stand trial is raised by the court or a party under RCW 10.77.060, the prosecutor may continue with the competency process or dismiss the charges without prejudice and refer the defendant for assessment by a mental health professional, substance use disorder professional, co-occurring disorder specialist, or developmental disabilities professional to determine the appropriate service needs for the defendant.(2) This section does not apply to defendants with a current charge or prior conviction for a violent offense or sex offense as defined in RCW 9.94A.030, or a violation of RCW 9A.36.031(1) (d), (f), or (h).[ 2019 c 444 § 8; 2015 1st sp.s. c 7 § 9.]NOTES:Finding—2015 1st sp.s. c 7: See note following RCW 10.77.075.Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.075.
WA Rev Code § 10.77.080 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.080 - Motion for acquittal on grounds of insanity—Hearing—Findings.

RCW 10.77.080 Motion for acquittal on grounds of insanity—Hearing—Findings.The defendant may move the court for a judgment of acquittal on the grounds of insanity: PROVIDED, That a defendant so acquitted may not later contest the validity of his or her detention on the grounds that he or she did not commit the acts charged. At the hearing upon the motion the defendant shall have the burden of proving by a preponderance of the evidence that he or she was insane at the time of the offense or offenses with which he or she is charged. If the court finds that the defendant should be acquitted by reason of insanity, it shall enter specific findings in substantially the same form as set forth in RCW 10.77.040. If the motion is denied, the question may be submitted to the trier of fact in the same manner as other issues of fact.[ 1998 c 297 § 37; 1974 ex.s. c 198 § 7; 1973 1st ex.s. c 117 § 8.]NOTES:Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
WA Rev Code § 10.77.0845 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.0845 - Evaluation and determination of individual with developmental disability—Program placement—Admissions, limitation.

RCW 10.77.0845 Evaluation and determination of individual with developmental disability—Program placement—Admissions, limitation.(1) A defendant found incompetent by the court under RCW 10.77.084 must be evaluated at the direction of the secretary and a determination made whether the defendant is an individual with a developmental disability. Such evaluation and determination must be accomplished as soon as possible following the court's placement of the defendant in the custody of the secretary.(2) When appropriate, and subject to available funds, if the defendant is determined to be an individual with a developmental disability, he or she may be placed in a program specifically reserved for the treatment and training of persons with developmental disabilities where the defendant has the right to habilitation according to an individualized service plan specifically developed for the particular needs of the defendant. A copy of the evaluation must be sent to the program.(a) The program must be separate from programs serving persons involved in any other treatment or habilitation program.(b) The program must be appropriately secure under the circumstances and must be administered by developmental disabilities professionals who shall direct the habilitation efforts.(c) The program must provide an environment affording security appropriate with the charged criminal behavior and necessary to protect the public safety.(3) The department may limit admissions of such persons to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services.(4) The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.[ 2012 c 256 § 7.]NOTES:Purpose—Effective date—2012 c 256: See notes following RCW 10.77.068.
WA Rev Code § 10.77.091 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.091 - Placement—Secure facility—Treatment and rights—Custody—Reports.

RCW 10.77.091 Placement—Secure facility—Treatment and rights—Custody—Reports.(1) If the secretary determines in writing that a person committed to the custody of the secretary for treatment as criminally insane presents an unreasonable safety risk which, based on behavior, clinical history, and facility security is not manageable in a state hospital setting, and the secretary has given consideration to reasonable alternatives that would be effective to manage the behavior, the secretary may place the person in any secure facility operated by the secretary or the secretary of the department of corrections. The secretary's written decision and reasoning must be documented in the patient's medical file. Any person affected by this provision shall receive appropriate mental health treatment governed by a formalized treatment plan targeted at mental health rehabilitation needs and shall be afforded his or her rights under RCW 10.77.140, 10.77.150, and 10.77.200. The secretary of the department of social and health services shall retain legal custody of any person placed under this section and review any placement outside of a department mental health hospital every three months, or sooner if warranted by the person's mental health status, to determine if the placement remains appropriate.(2) Beginning December 1, 2010, and every six months thereafter, the secretary shall report to the governor and the appropriate committees of the legislature regarding the use of the authority under this section to transfer persons to a secure facility. The report shall include information related to the number of persons who have been placed in a secure facility operated by the secretary or the secretary of the department of corrections, and the length of time that each such person has been in the secure facility.[ 2015 c 253 § 1; 2010 c 263 § 2.]NOTES:Effective date—2015 1st sp.s. c 7: "Section 1, chapter 253, Laws of 2015 is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2015." [ 2015 1st sp.s. c 7 § 20.]
WA Rev Code § 10.77.092 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.092 - Involuntary medication—Serious offenses.

RCW 10.77.092 Involuntary medication—Serious offenses.(1) For purposes of determining whether a court may authorize involuntary medication for the purpose of competency restoration pursuant to RCW 10.77.084 and for maintaining the level of restoration in the jail following the restoration period, a pending charge involving any one or more of the following crimes is a serious offense per se in the context of competency restoration:(a) Any violent offense, sex offense, serious traffic offense, and most serious offense, as those terms are defined in RCW 9.94A.030;(b) Any offense, except nonfelony counterfeiting offenses, included in crimes against persons in RCW 9.94A.411;(c) Any offense contained in chapter 9.41 RCW (firearms and dangerous weapons);(d) Any offense listed as domestic violence in RCW 10.99.020;(e) Any offense listed as a harassment offense in chapter 9A.46 RCW;(f) Any violation of chapter 69.50 RCW that is a class B felony; or(g) Any city or county ordinance or statute that is equivalent to an offense referenced in this subsection.(2)(a) In a particular case, a court may determine that a pending charge not otherwise defined as serious by state or federal law or by a city or county ordinance is, nevertheless, a serious offense within the context of competency restoration treatment when the conduct in the charged offense falls within the standards established in (b) of this subsection.(b) To determine that the particular case is a serious offense within the context of competency restoration, the court must consider the following factors and determine that one or more of the following factors creates a situation in which the offense is serious:(i) The charge includes an allegation that the defendant actually inflicted bodily or emotional harm on another person or that the defendant created a reasonable apprehension of bodily or emotional harm to another;(ii) The extent of the impact of the alleged offense on the basic human need for security of the citizens within the jurisdiction;(iii) The number and nature of related charges pending against the defendant;(iv) The length of potential confinement if the defendant is convicted; and(v) The number of potential and actual victims or persons impacted by the defendant's alleged acts.[ 2014 c 10 § 2; 2008 c 213 § 2; 2004 c 157 § 3.]NOTES:Finding—2014 c 10: "The legislature finds that there is currently no clear language authorizing courts to order involuntary medications in order to maintain the level of competency restoration in the jail following a competency restoration period and subsequent discharge from a state hospital. This act specifies that maintenance of competency in jail is a purpose for which the court may order a criminal defendant facing serious charges to be involuntarily medicated." [ 2014 c 10 § 1.]Findings—Intent—Severability—Effective date—2004 c 157: See notes following RCW 10.77.010.
WA Rev Code § 10.77.093 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.093 - Involuntary medication—Civil commitment.

RCW 10.77.093 Involuntary medication—Civil commitment.When the court must make a determination whether to order involuntary medications for the purpose of competency restoration or for maintenance of competency, the court shall inquire, and shall be told, and to the extent that the prosecutor or defense attorney is aware, whether the defendant is the subject of a pending civil commitment proceeding or has been ordered into involuntary treatment pursuant to a civil commitment proceeding.[ 2004 c 157 § 4.]NOTES:Findings—Intent—Severability—Effective date—2004 c 157: See notes following RCW 10.77.010.
WA Rev Code § 10.77.094 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.094 - Antipsychotic medication, administration.

RCW 10.77.094 Antipsychotic medication, administration.(1) A state hospital may administer antipsychotic medication without consent to an individual who is committed under this chapter as criminally insane by following the same procedures applicable to the administration of antipsychotic medication without consent to a civilly committed patient under RCW 71.05.217, except for the following:(a) The maximum period during which the court may authorize the administration of medication without consent under a single involuntary medication petition shall be the time remaining on the individual's current order of commitment or one hundred eighty days, whichever is shorter; and(b) A petition for involuntary medication may be filed in either the superior court of the county that ordered the commitment or the superior court of the county in which the individual is receiving treatment, provided that a copy of any order that is entered must be provided to the superior court of the county that ordered the commitment following the hearing. The superior court of the county of commitment shall retain exclusive jurisdiction over all hearings concerning the release of the patient.(2) The state has a compelling interest in providing antipsychotic medication to a patient who has been committed as criminally insane when refusal of antipsychotic medication would result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment and there is no less intrusive course of treatment than medication that is in the best interest of the patient.[ 2012 c 256 § 12.]NOTES:Purpose—Effective date—2012 c 256: See notes following RCW 10.77.068.
WA Rev Code § 10.77.095 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.095 - Findings—Developmental disabilities.

RCW 10.77.095 Findings—Developmental disabilities.The legislature finds that among those persons who endanger the safety of others by committing crimes are a small number of persons with developmental disabilities. While their conduct is not typical of the vast majority of persons with developmental disabilities who are responsible citizens, for their own welfare and for the safety of others the state may need to exercise control over those few dangerous individuals who are developmentally disabled, have been charged with crimes that involve a threat to public safety or security, and have been found either incompetent to stand trial or not guilty by reason of insanity. The legislature finds, however, that the use of civil commitment procedures under chapter 71.05 RCW to effect state control over dangerous developmentally disabled persons has resulted in their commitment to institutions for the mentally ill. The legislature finds that existing programs in mental institutions may be inappropriate for persons who are developmentally disabled because the services provided in mental institutions are oriented to persons with mental illness, a condition not necessarily associated with developmental disabilities. Therefore, the legislature believes that, where appropriate, and subject to available funds, persons with developmental disabilities who have been charged with crimes that involve a threat to public safety or security and have been found incompetent to stand trial or not guilty by reason of insanity should receive state services addressing their needs, that such services must be provided in conformance with an individual habilitation plan, and that their initial treatment should be separate and discrete from treatment for persons involved in any other treatment or habilitation program in a manner consistent with the needs of public safety.[ 1998 c 297 § 28; 1989 c 420 § 1. Formerly RCW 10.77.005.]NOTES:Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
WA Rev Code § 10.77.097 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.097 - Records and reports accompany defendant upon transfer.

RCW 10.77.097 Records and reports accompany defendant upon transfer.A copy of relevant records and reports as defined by the department, in consultation with the department of corrections, made pursuant to this chapter, and including relevant information necessary to meet the requirements of RCW 10.77.065(1) and 10.77.084, shall accompany the defendant upon transfer to a mental health facility or a correctional institution or facility.[ 2008 c 213 § 3; 2000 c 74 § 4; 1998 c 297 § 47.]NOTES:Severability—2000 c 74: See note following RCW 10.77.060.Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
WA Rev Code § 10.77.100 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.77 - Criminally Insane—Procedures.|10.77.100 - Experts or professional persons as witnesses.

RCW 10.77.100 Experts or professional persons as witnesses.Subject to the rules of evidence, experts or professional persons who have reported pursuant to this chapter may be called as witnesses at any proceeding held pursuant to this chapter. Both the prosecution and the defendant may summon any other qualified expert or professional persons to testify.[ 1974 ex.s. c 198 § 9; 1973 1st ex.s. c 117 § 10.]