reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.73 - Criminal Appeals. › 10.73.140 - Collateral attack—Subsequent petitions.

RCW 10.73.140
Collateral attack—Subsequent petitions.
If a person has previously filed a petition for personal restraint, the court of appeals will not consider the petition unless the person certifies that he or she has not filed a previous petition on similar grounds, and shows good cause why the petitioner did not raise the new grounds in the previous petition. Upon receipt of a personal restraint petition, the court of appeals shall review the petition and determine whether the person has previously filed a petition or petitions and if so, compare them. If upon review, the court of appeals finds that the petitioner has previously raised the same grounds for review, or that the petitioner has failed to show good cause why the ground was not raised earlier, the court of appeals shall dismiss the petition on its own motion without requiring the state to respond to the petition. Upon receipt of a first or subsequent petition, the court of appeals shall, whenever possible, review the petition and determine if the petition is based on frivolous grounds. If frivolous, the court of appeals shall dismiss the petition on its own motion without first requiring the state to respond to the petition.
[ 1989 c 395 § 9.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.73 - Criminal Appeals. › 10.73.150 - Right to counsel.

RCW 10.73.150
Right to counsel.
Counsel shall be provided at state expense to an adult offender convicted of a crime and to a juvenile offender convicted of an offense when the offender is indigent or indigent and able to contribute as those terms are defined in RCW 10.101.010 and the offender:
(1) Files an appeal as a matter of right;
(2) Responds to an appeal filed as a matter of right or responds to a motion for discretionary review or petition for review filed by the state;
(3) Is under a sentence of death and requests counsel be appointed to file and prosecute a motion or petition for collateral attack as defined in RCW 10.73.090. Counsel may be provided at public expense to file or prosecute a second or subsequent collateral attack on the same judgment and sentence, if the court determines that the collateral attack is not barred by RCW 10.73.090 or 10.73.140;
(4) Is not under a sentence of death and requests counsel to prosecute a collateral attack after the chief judge has determined that the issues raised by the petition are not frivolous, in accordance with the procedure contained in rules of appellate procedure 16.11. Counsel shall not be provided at public expense to file or prosecute a second or subsequent collateral attack on the same judgment and sentence;
(5) Responds to a collateral attack filed by the state or responds to or prosecutes an appeal from a collateral attack that was filed by the state;
(6) Prosecutes a motion or petition for review after the supreme court or court of appeals has accepted discretionary review of a decision of a court of limited jurisdiction; or
(7) Prosecutes a motion or petition for review after the supreme court has accepted discretionary review of a court of appeals decision.
[ 1995 c 275 § 2.]
NOTES:
Finding—1995 c 275: "The legislature is aware that the constitutional requirements of equal protection and due process require that counsel be provided for indigent persons and persons who are indigent and able to contribute for the first appeal as a matter of right from a judgment and sentence in a criminal case or a juvenile offender proceeding, and no further. There is no constitutional right to appointment of counsel at public expense to collaterally attack a judgment and sentence in a criminal case or juvenile offender proceeding or to seek discretionary review of a lower appellate court decision.
The legislature finds that it is appropriate to extend the right to counsel at state expense beyond constitutional requirements in certain limited circumstances to persons who are indigent and persons who are indigent and able to contribute as those terms are defined in RCW 10.101.010." [ 1995 c 275 § 1.]
Severability—1995 c 275: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1995 c 275 § 5.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.73 - Criminal Appeals. › 10.73.160 - Court fees and costs.

RCW 10.73.160
Court fees and costs.
(1) The court of appeals, supreme court, and superior courts may require an adult offender convicted of an offense to pay appellate costs.
(2) Appellate costs are limited to expenses specifically incurred by the state in prosecuting or defending an appeal or collateral attack from a criminal conviction. Appellate costs shall not include expenditures to maintain and operate government agencies that must be made irrespective of specific violations of the law. Expenses incurred for producing a verbatim report of proceedings and clerk's papers may be included in costs the court may require a convicted defendant to pay.
(3) Costs, including recoupment of fees for court-appointed counsel, shall be requested in accordance with the procedures contained in Title 14 of the rules of appellate procedure and in Title 9 of the rules for appeal of decisions of courts of limited jurisdiction. An award of costs shall become part of the trial court judgment and sentence.
(4) A defendant who has been sentenced to pay costs and who has not willfully failed to pay the obligation, as described in RCW 9.94A.6333, 9.94B.040, and 10.01.180, may at any time petition the court that sentenced the defendant or juvenile offender for remission of the payment of costs or of any unpaid portion. If it appears to the satisfaction of the sentencing court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the sentencing court may remit all or part of the amount due in costs, modify the method of payment under RCW 10.01.170, or convert the unpaid costs to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution. Manifest hardship exists where the defendant or juvenile offender is indigent as defined in RCW 10.01.160(3).
(5) The parents or another person legally obligated to support a juvenile offender who has been ordered to pay appellate costs and who is not in contumacious default in the payment may at any time petition the court that sentenced the juvenile offender for remission of the payment of costs or of any unpaid portion. If it appears to the satisfaction of the sentencing court that payment of the amount due will impose manifest hardship on the parents or another person legally obligated to support a juvenile offender or on their immediate families, the sentencing court may remit all or part of the amount due in costs, or may modify the method of payment.
[ 2022 c 260 § 10; 2018 c 269 § 12; 2015 c 265 § 22; 1995 c 275 § 3.]
NOTES:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Finding—Severability—1995 c 275: See notes following RCW 10.73.150.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.025 - Maximum term of commitment or treatment.

RCW 10.77.025
Maximum term of commitment or treatment.
(1) Whenever any person has been: (a) Committed to a correctional facility or inpatient treatment under any provision of this chapter; or (b) ordered to undergo alternative treatment following his or her acquittal by reason of insanity of a crime charged, such commitment or treatment cannot exceed the maximum possible penal sentence for any offense charged for which the person was committed, or was acquitted by reason of insanity.
(2) Whenever any person committed under any provision of this chapter has not been released within seven days of the maximum possible penal sentence under subsection (1) of this section, and the professional person in charge of the facility believes that the person presents a likelihood of serious harm or is gravely disabled due to a mental disorder, the professional person shall, prior to the expiration of the maximum penal sentence, notify the appropriate designated crisis responder of the impending expiration and provide a copy of all relevant information regarding the person, including the likely release date and shall indicate why the person should not be released.
(3) A designated crisis responder who receives notice and records under subsection (2) of this section shall, prior to the date of the expiration of the maximum sentence, determine whether to initiate proceedings under chapter 71.05 RCW.
[ 2016 sp.s. c 29 § 406; 2000 c 94 § 13; 1998 c 297 § 31.]
NOTES:
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.027 - Eligible for commitment regardless of cause.

RCW 10.77.027
Eligible for commitment regardless of cause.
When a designated crisis responder or a professional person has determined that a person has a mental disorder, and is otherwise committable, the cause of the person's mental disorder shall not make the person ineligible for commitment under chapter 71.05 RCW.
[ 2016 sp.s. c 29 § 407; 2004 c 166 § 3.]
NOTES:
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Severability—Effective dates—2004 c 166: See notes following RCW 71.05.040.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.030 - Establishing insanity as a defense.

RCW 10.77.030
Establishing insanity as a defense.
(1) Evidence of insanity is not admissible unless the defendant, at the time of arraignment or within ten days thereafter or at such later time as the court may for good cause permit, files a written notice of his or her intent to rely on such a defense.
(2) Insanity is a defense which the defendant must establish by a preponderance of the evidence.
(3) No condition of mind proximately induced by the voluntary act of a person charged with a crime shall constitute insanity.
[ 1998 c 297 § 32; 1974 ex.s. c 198 § 3; 1973 1st ex.s. c 117 § 3.]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
2023 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.
2023 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.]
2023 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.
2023 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.]
2023 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.
2023 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.
2023 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.
2023 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.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.0885 - Program placement—Outpatient—Prescriber access.

RCW 10.77.0885
Program placement—Outpatient—Prescriber access.
An outpatient competency restoration program must include access to a prescriber.
[ 2023 c 453 § 16.]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.089 - Competency restoration—Report to the governor and legislature.

RCW 10.77.089
Competency restoration—Report to the governor and legislature.
The authority shall report annually to the governor and relevant committees of the legislature, beginning November 1, 2022, and shall make the report public, describing:
(1) How many individuals are being served by outpatient competency restoration programs and in what locations;
(2) The length of stay of individuals in outpatient competency restoration programs;
(3) The number of individuals who are revoked from an outpatient competency restoration program into inpatient treatment, and the outcomes of other individuals, if any, whose participation in an outpatient competency restoration program were terminated before the completion of the program; and
(4) For individuals who were revoked from an outpatient competency restoration program into an inpatient competency restoration program, how many days the individuals spent in outpatient competency restoration treatment and inpatient competency restoration treatment, and whether the restoration programs resulted in a finding of competent to stand trial or another outcome.
[ 2022 c 288 § 8.]
2023 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.]
2023 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.
2023 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.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.0942 - Medication—When substitution permitted.

RCW 10.77.0942
Medication—When substitution permitted.
(1) When an individual has a prescription for an antipsychotic, antidepressant, antiepileptic, or other drug prescribed to the individual to treat a serious mental illness by a state hospital or other state facility or a behavioral health agency or other certified medical provider, and the individual is medically stable on the drug, a jail or juvenile detention facility shall continue prescribing the prescribed drug and may not require the substitution of a different drug in a given therapeutic class, except under the following circumstances:
(a) The substitution is for a generic version of a name brand drug and the generic version is chemically identical to the name brand drug; or
(b) The drug cannot be prescribed for reasons of drug recall or removal from the market, or medical evidence indicating no therapeutic effect of the drug.
(2) This section includes but is not limited to situations in which the individual returns to a jail or juvenile detention facility directly after undergoing treatment at a state hospital, behavioral health agency, outpatient competency restoration program, or prison.
(3) The department shall establish a program to reimburse jails and juvenile detention facilities for the costs of any drugs the jail or juvenile detention facility does not otherwise have available and must continue prescribing under this section.
[ 2023 c 453 § 12.]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.060.
2023 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.
2023 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.
2023 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.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.110 - Acquittal of crime.

RCW 10.77.110
Acquittal of crime.
(1) If a defendant is acquitted of a crime by reason of insanity, and it is found that he or she is not a substantial danger to other persons, and does not 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, the court shall direct the defendant's release. If it is found that such defendant is a substantial danger to other persons, or presents 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, the court shall order his or her hospitalization, or any appropriate alternative treatment less restrictive than detention in a state mental hospital, pursuant to the terms of this chapter.
(2) If the defendant has been found not guilty by reason of insanity and a substantial danger, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, so as to require treatment then the secretary shall immediately cause the defendant to be evaluated to ascertain if the defendant is developmentally disabled. When appropriate, and subject to available funds, the defendant may be committed to a program specifically reserved for the treatment and training of developmentally disabled persons. A person so committed shall receive habilitation services according to an individualized service plan specifically developed to treat the behavior which was the subject of the criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others trained specifically in the needs of developmentally disabled persons. The treatment program shall provide physical security to a degree consistent with the finding that the defendant is dangerous and may incorporate varying conditions of security and alternative sites when the dangerousness of any particular defendant makes this necessary. The department may limit admissions 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. The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.
(3) If it is found that such defendant is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, but that he or she is in need of control by the court or other persons or institutions, the court shall direct the defendant's conditional release.
[ 2000 c 94 § 14; 1998 c 297 § 39; 1989 c 420 § 6; 1983 c 25 § 1; 1979 ex.s. c 215 § 4; 1974 ex.s. c 198 § 10; 1973 1st ex.s. c 117 § 11.]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.120 - Care and treatment of committed person—Hearings—Release.

RCW 10.77.120
Care and treatment of committed person—Hearings—Release.
(1) The secretary shall provide adequate care and individualized treatment to persons found criminally insane at one or several of the state institutions or facilities under the direction and control of the secretary. In order that the secretary may adequately determine the nature of the mental illness or developmental disability of the person committed as criminally insane, all persons who are committed to the secretary as criminally insane shall be promptly examined by qualified personnel in order to provide a proper evaluation and diagnosis of such individual. The examinations of all persons with developmental disabilities committed under this chapter shall be performed by developmental disabilities professionals. Any person so committed shall not be released from the control of the secretary except by order of a court of competent jurisdiction made after a hearing and judgment of release.
(2) Whenever there is a hearing which the committed person is entitled to attend, the secretary shall send the person in the custody of one or more department employees to the county in which the hearing is to be held at the time the case is called for trial. During the time the person is absent from the facility, the person may be confined in a facility designated by and arranged for by the department, but shall at all times be deemed to be in the custody of the department employee and provided necessary treatment. If the decision of the hearing remits the person to custody, the department employee shall return the person to such institution or facility designated by the secretary. If the state appeals an order of release, such appeal shall operate as a stay, and the person shall remain in custody and be returned to the institution or facility designated by the secretary until a final decision has been rendered in the cause.
[ 2010 c 263 § 4; 2000 c 94 § 15; 1989 c 420 § 7; 1974 ex.s. c 198 § 11; 1973 1st ex.s. c 117 § 12.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.140 - Periodic examinations—Persons with developmental disability—Reports—Notice to court.

RCW 10.77.140
Periodic examinations—Persons with developmental disability—Reports—Notice to court.
(1) Each person committed to a hospital or other facility or conditionally released pursuant to this chapter shall have a current examination of his or her mental condition made by one or more experts or professional persons at least once every six months. The person may retain, or if the person is indigent and so requests, the court shall assist the person in obtaining a qualified expert or professional person to examine him or her, and such expert or professional person shall have access to all hospital records concerning the person. An expert or professional person obtained by an indigent person who is committed to state psychiatric care following acquittal by reason of insanity shall be compensated out of funds of the office of public defense as provided in policies and procedures under chapter 2.70 RCW, in a manner consistent with the rules of professional conduct and the standards for indigent defense.
(2) In the case of a committed or conditionally released person who has a developmental disability, the expert shall be a developmental disabilities professional. The secretary, upon receipt of the periodic report, shall provide written notice to the court of commitment of compliance with the requirements of this section.
[ 2023 c 120 § 7; 1998 c 297 § 40; 1989 c 420 § 8; 1974 ex.s. c 198 § 12; 1973 1st ex.s. c 117 § 14.]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.145 - Authorization to leave facility where person is confined prohibited—Exceptions—Approval by secretary—Notification to county or city law enforcement agency.

RCW 10.77.145
Authorization to leave facility where person is confined prohibited—Exceptions—Approval by secretary—Notification to county or city law enforcement agency.
(1) No person committed to the custody of the department for the determination of competency to stand trial under RCW 10.77.060, the restoration of competency for trial under RCW 10.77.084, 10.77.086, or 10.77.088, or following an acquittal by reason of insanity shall be authorized to leave the facility where the person is confined, except in the following circumstances:
(a) In accordance with conditional release or furlough authorized by a court;
(b) For necessary medical or legal proceedings not available in the facility where the person is confined;
(c) For visits to the bedside of a member of the person's immediate family who is seriously ill; or
(d) For attendance at the funeral of a member of the person's immediate family.
(2) Unless ordered otherwise by a court, no leave under subsection (1) of this section shall be authorized unless the person who is the subject of the authorization is escorted by a person approved by the secretary. During the authorized leave, the person approved by the secretary must be in visual or auditory contact at all times with the person on authorized leave.
(3) Prior to the authorization of any leave under subsection (1) of this section, the secretary must give notification to any county or city law enforcement agency having jurisdiction in the location of the leave destination.
[ 2010 c 262 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.152 - Conditional release—Application—County of origin.

RCW 10.77.152
Conditional release—Application—County of origin.
(1) In determining whether to support an application for conditional release on behalf of a person committed as criminally insane which would permit the person to reside outside of a state hospital, the secretary may not support a conditional release application to a location outside the person's county of origin unless it is determined by the secretary that the person's return to his or her county of origin would be inappropriate considering any court-issued protection orders, victim safety concerns, the availability of appropriate treatment, negative influences on the person, or the location of family or other persons or organizations offering support to the person. When the department assists in developing a placement under this section which is outside of the county of origin, and there are two or more options for placement, it shall endeavor to develop the placement in a manner that does not have a disproportionate effect on a single county.
(2) If the committed person is not conditionally released to his or her county of origin, the department shall provide the law and justice council of the county in which the person is conditionally released with a written explanation.
(3) For purposes of this section, the offender's county of origin means the county of the court which ordered the person's commitment.
[ 2011 c 94 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.155 - Conditional release, furlough—Secretary's recommendation.

RCW 10.77.155
Conditional release, furlough—Secretary's recommendation.
No court may, without a hearing, enter an order conditionally releasing or authorizing the furlough of a person committed under this chapter, unless the secretary has recommended the release or furlough. If the secretary has not recommended the release or furlough, a hearing shall be held under RCW 10.77.150.
[ 1994 c 150 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.160 - Conditional release—Reports.

RCW 10.77.160
Conditional release—Reports.
When a conditionally released person is required by the terms of his or her conditional release to report to a physician, department of corrections community corrections officer, or medical or mental health practitioner on a regular or periodic basis, the physician, department of corrections community corrections officer, medical or mental health practitioner, or other such person shall monthly, for the first six months after release and semiannually thereafter, or as otherwise directed by the court, submit to the court, the secretary, the institution from which released, and to the prosecuting attorney of the county in which the person was committed, a report stating whether the person is adhering to the terms and conditions of his or her conditional release, and detailing any arrests or criminal charges filed and any significant change in the person's mental health condition or other circumstances.
[ 2010 c 263 § 6; 1993 c 31 § 7; 1973 1st ex.s. c 117 § 16.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.163 - Furlough—Notice—Temporary restraining order.

RCW 10.77.163
Furlough—Notice—Temporary restraining order.
(1) Before a person committed under this chapter is permitted temporarily to leave a treatment facility for any period of time without constant accompaniment by facility staff, the superintendent, professional person in charge of a treatment facility, or his or her professional designee shall in writing notify the prosecuting attorney of any county to which the person is released and the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision conditionally to release the person. The notice shall be provided at least forty-five days before the anticipated release and shall describe the conditions under which the release is to occur.
(2) In addition to the notice required by subsection (1) of this section, the superintendent of each state institution designated for the custody, care, and treatment of persons committed under this chapter shall notify appropriate law enforcement agencies through the state patrol communications network of the furloughs of persons committed under RCW 10.77.086 or 10.77.110. Notification shall be made at least thirty days before the furlough, and shall include the name of the person, the place to which the person has permission to go, and the dates and times during which the person will be on furlough.
(3) Upon receiving notice that a person committed under this chapter is being temporarily released under subsection (1) of this section, the prosecuting attorney may seek a temporary restraining order to prevent the release of the person on the grounds that the person is dangerous to self or others.
(4) The notice requirements contained in this section shall not apply to emergency medical furloughs.
(5) The existence of the notice requirements contained in this section shall not require any extension of the release date in the event the release plan changes after notification.
(6) The notice provisions of this section are in addition to those provided in RCW 10.77.205.
[ 2008 c 213 § 4; 1994 c 129 § 4; 1990 c 3 § 106; 1989 c 420 § 9; 1983 c 122 § 2.]
NOTES:
Findings—Intent—1994 c 129: See note following RCW 4.24.550.