Z-502                 _______________________________________________

 

                                                    HOUSE BILL NO. 591

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representative Appelwick

 

 

Read first time 2/8/85 and referred to Committee on Judiciary.

 

 


AN ACT Relating to the insanity defense; enacting the Uniform Law Commissioners' Model Insanity Defense and Post-Trial Disposition Act; adding new sections to chapter 10.77 RCW; repealing RCW 10.77.010, 10.77.020, 10.77.030, 10.77.040, 10.77.050, 10.77.060, 10.77.070, 10.77.080, 10.77.090, 10.77.100, 10.77.110, 10.77.120, 10.77.130, 10.77.140, 10.77.150, 10.77.160, 10.77.163, 10.77.165, 10.77.170, 10.77.180, 10.77.190, 10.77.200, 10.77.210, 10.77.220, 10.77.230, 10.77.240, 10.77.250, 10.77.900, 10.77.910, 10.77.920, and 10.77.930; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

                                                          UNIFORM LAW COMMISSIONERS'

                                  MODEL INSANITY DEFENSE AND POST-TRIAL DISPOSITION ACT

                                                                                  

ARTICLE I

                                                                              SCOPE

 

 

!af98,100

 

          NEW SECTION.  Sec. 1.  SCOPE OF ACT.     This chapter governs the defense of absence of criminal responsibility and provides for post-verdict disposition of an individual found not criminally responsible.  It also governs the obtaining of evidence through post-arrest examination of a defendant by a mental health professional on the issue of state of mind as an element of the crime charged and the use of that evidence.

                                                                          ARTICLE II

                                         DEFENSE OF ABSENCE OF CRIMINAL RESPONSIBILITY

 

 

!af98,200

 

          NEW SECTION.  Sec. 2.  STANDARD FOR ABSENCE OF CRIMINAL RESPONSIBILITY.          An individual is not criminally responsible if at the time of the alleged offense, as a result of mental illness or defect, the individual was substantially unable to appreciate the wrongfulness of the alleged conduct.

 

          NEW SECTION.  Sec. 3.  LIMITATION ON MENTAL ILLNESS OR DEFECT.   For purposes of this chapter, neither repeated criminal or similar antisocial conduct nor impairment of mental condition caused primarily by voluntary use of alcoholic or psychoactive substances immediately before or contemporaneously with the criminal conduct charged in itself constitutes mental illness or defect at the time of the crime charged.  Evidence of the conduct or impairment may be probative in conjunction with other evidence to establish mental illness or defect.

                                                                          ARTICLE III

                                           AUTHORIZATION FOR EXPERTS AND EXAMINATION

 

 

!af98,300

 

          NEW SECTION.  Sec. 4.  COURT AUTHORIZATION OF STATE-FUNDED MENTAL HEALTH SERVICES FOR CERTAIN DEFENDANTS.    A defendant who is unable to pay for the services of a mental health professional, and to whom those services are not otherwise available, may apply to the court for assistance.  Upon a showing of a likely need for examination on the question of absence of criminal responsibility or absence of requisite state of mind as a result of the defendant's mental condition, the court shall authorize reasonable expenditures from public funds for the defendant's retention of the services of one or more mental health professionals.  Upon request by the defendant, the application and the proceedings on the application must be ex parte and in camera, but any order under this section authorizing expenditures must be made part of the public record.

 

          NEW SECTION.  Sec. 5.  NOTICE OF DEFENSE OF ABSENCE OF CRIMINAL RESPONSIBILITY.         (a) If the defendant intends to assert the defense of absence of criminal responsibility, the defendant shall notify the prosecutor in writing and file a copy of the notice with the court.  The notice must indicate whether the defendant intends to introduce at trial evidence obtained from examination of the defendant by a mental health professional after the time of the alleged offense.

          (b) The defendant shall file the notice within the time prescribed for pretrial motions or at such earlier or later time as the court directs. For cause shown, the court may allow late filing of the notice and grant additional time to the parties to prepare for trial or may make other appropriate orders.

          (c) If the defendant fails to give notice in accordance with this section, absence of criminal responsibility may not be asserted as a defense.

 

          NEW SECTION.  Sec. 6.  NOTICE REGARDING EXPERT TESTIMONY ON LACK OF STATE OF MIND AS ELEMENT OF CRIME CHARGED.           (a) If the defendant intends to introduce at trial evidence obtained from examination of the defendant by a mental health professional after the time of the alleged offense to show that defendant lacked the state of mind required for the crime charged, the defendant shall notify the prosecutor in writing and file a copy of the notice with the court.

          (b) The defendant shall file the notice within the time prescribed for pretrial motions or at such earlier or later time as the court directs.  For cause shown, the court may allow late filing of the notice and grant additional time to the parties to prepare for trial or may make other appropriate orders.

 

          NEW SECTION.  Sec. 7.  EXAMINATION AT REQUEST OF PROSECUTOR.     (a) If the defendant has given notice under section 302 or 303 of this act of intent to introduce evidence obtained by a mental health professional from examination of the defendant after the time of the alleged offense, the court, upon application by the prosecutor and after opportunity for response by the defendant, shall order that the defendant be examined by one or more mental health professionals retained by the prosecutor.  The court shall include in the order provisions as to the time, place, and conditions of the examination.

          (b) If the parties agree to examination of the defendant by a mental health professional retained by the prosecutor without order of the court, sections 401, 402, 403, 501, 502, 503, 504, 601, and 602 of this act apply to the examination.

                                                                          ARTICLE IV

                                                   CONDUCT OF EXAMINATION ORDERED AT

                                                               REQUEST OF PROSECUTOR

 

!af98,400

 

          NEW SECTION.  Sec. 8.  EXPLANATION TO DEFENDANT. At the beginning of each examination conducted under section 304 of this act, the mental health professional shall inform the defendant that (i) the examination is being made at the request of the prosecutor, (ii) the purpose of the examination is to obtain information about the defendant's mental condition at the time of the alleged offense, and (iii) information obtained from the examination may be used at trial and, if the defendant is found not criminally responsible by reason of mental illness or defect, in subsequent proceedings concerning commitment or other disposition.

 

          NEW SECTION.  Sec. 9.  SCOPE OF EXAMINATION.            An examination of the defendant conducted under section 304 of this act may consist of such interviewing, clinical evaluation, and psychological testing as the mental health professional considers appropriate, within the limits of nonexperimental, generally accepted medical, psychiatric, or psychological practices.

 

          NEW SECTION.  Sec. 10.  RECORDING OF EXAMINATION. (a) An examination of the defendant conducted under section 304 of this act must be audio-recorded and, if ordered by the court, video-recorded.  The manner of recording may be specified by rule or by court order in individual cases.

          (b) Within seven days after completion of an examination conducted under section 304 of this act, the mental health professional conducting the examination shall deliver a copy of the recording of the examination, under seal, to the court and a copy of the recording to the defendant.  The recording may not be disclosed except in accordance with this chapter.

 

          NEW SECTION.  Sec. 11.  CONSEQUENCE OF DELIBERATE FAILURE OF DEFENDANT TO COOPERATE.    If the defendant without just cause deliberately fails to participate or to respond to questions in an examination conducted under section 304 of this act, the prosecutor before trial may apply to the court for appropriate relief.  The court may consider the recording of the examination as evidence on the application, but proceedings concerning the recording must be in camera and out of the presence of counsel.

                                                                          ARTICLE V

                                      EXCHANGE OF REPORTS AND DOCUMENTS BEFORE TRIAL

 

 

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          NEW SECTION.  Sec. 12.  REPORTS BY MENTAL HEALTH PROFESSIONALS AND EXPERT WITNESSES. A mental health professional retained by the prosecutor and a mental health professional whom the defendant intends to call to testify at trial shall prepare a written report concerning examination of the defendant and other pretrial inquiry by or under the supervision of the mental health professional.  Any other individual whom either party intends to call at trial as an expert witness on any aspect of defendant's mental condition shall prepare a written report.  A report under this section must contain:

          (1) The specific issues addressed;

          (2) The identity of individuals interviewed and records or other information used;

          (3) The procedures, tests, and techniques used;

          (4) The date and time of examination of the defendant, the explanation concerning the examination given to the defendant, and the identity of each individual present during an examination;

          (5) The relevant information obtained and findings made;

          (6) Matters concerning which the mental health professional was unable to obtain relevant information and the reasons therefor; and

          (7) The conclusions reached and the reasoning on which the conclusions were based.

 

          NEW SECTION.  Sec. 13.  EXCHANGE OF REPORTS AND PRODUCTION OF DOCUMENTS.     Not less than fifteen days before trial, the prosecutor shall furnish to the defendant reports prepared pursuant to section 501 of this act, and the defendant shall furnish to the prosecutor reports by each mental health professional or other expert on any aspect of the defendant's mental condition whom the defendant intends to call at trial.  Upon application by either party and after hearing, the court may require production of documents prepared, completed, or used in the examination or inquiry by the mental health professional or other expert.

 

          NEW SECTION.  Sec. 14.  USE OF REPORTS AT TRIAL.       Use at trial of a report prepared by a mental health professional or other expert is governed by the rules of evidence.  A report of a mental health professional or other expert furnished by defendant pursuant to section 501 of this act may not be used at trial unless the defendant has called the mental health professional or other expert who prepared the report to testify.

 

          NEW SECTION.  Sec. 15.  NOTICE OF EXPERT WITNESSES.           Not less than twenty days before trial, each party shall give written notice to the other of the name and qualifications of each mental health professional or other individual the respective party intends to call as an expert witness at trial on the issue of absence of criminal responsibility or requisite state of mind as an element of the crime charged.  For good cause shown, the court may permit later addition to or deletion from the list of individuals designated as expert witnesses.

                                                                          ARTICLE VI

                                         USE OF INFORMATION OBTAINED FROM EXAMINATION

                                                    ORDERED AT REQUEST OF PROSECUTOR

 

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          NEW SECTION.  Sec. 16.  USE OF EVIDENCE OBTAINED FROM EXAMINATION.      (a) Except as provided in subsection (b) of this section and in sections 404 and 907 of this act, information obtained as a result of examination of a defendant by a mental health professional conducted under section 304 of this act is not admissible over objection of the defendant in any proceeding against the defendant.

          (b) Subject to the limitation in section 602 of this act, information obtained from an examination of the defendant by a mental health professional conducted under section 304 of this act is admissible at trial to rebut evidence introduced by the defendant obtained from an examination of the defendant by a mental health professional or to impeach the defendant on defendant's testimony as to mental condition at the time of the alleged offense.

 

          NEW SECTION.  Sec. 17.  USE OF RECORDING OF EXAMINATION. Except as provided in section 404 of this act, recording of an examination of the defendant concerning the defendant's mental condition at the time of the crime charged may be referred to or otherwise used only on cross-examination for the purpose of impeachment of the mental health professional who conducted the examination, and then on redirect examination of that witness to the extent permitted by the rules of evidence.  The defendant shall make the recording available to the prosecutor before any use of it pursuant to this section.  If the recording is so used, this section does not preclude its use for the purpose of impeachment of the defendant in any other criminal, civil, or administrative proceeding.

                                                                         ARTICLE VII

                                                                              TRIAL

 

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          NEW SECTION.  Sec. 18.  BIFURCATION OF ISSUE OF ABSENCE OF CRIMINAL RESPONSIBILITY.   Upon application of the defendant, the court may order that issues as to the commission of the crime charged be tried separately from the issue of absence of criminal responsibility.

 

          NEW SECTION.  Sec. 19.  BURDEN OF GOING FORWARD AND BURDEN OF PROOF.             (a) The burden of going forward with evidence on the defense of absence of criminal responsibility is on the defendant.  At the close of the defendant's case, the prosecutor may move for an order that the defense of absence of criminal responsibility is not an issue in the case.  The court shall deny the motion if evidence tending to prove absence of criminal responsibility has been introduced.

          (b) The prosecutor has the burden of proving beyond a reasonable doubt the criminal responsibility of the defendant.

 

          NEW SECTION.  Sec. 20.  JURY INSTRUCTION ON DISPOSITION FOLLOWING VERDICT OF ABSENCE OF CRIMINAL RESPONSIBILITY.           On request of the defendant in a trial by jury of the issue of absence of criminal responsibility for criminal conduct, the court shall instruct the jury as to the dispositional provisions applicable to the defendant if the jury returns a verdict of not criminally responsible by reason of mental illness or defect.

 

          NEW SECTION.  Sec. 21.  FORM OF VERDICT OR FINDING.             If the issue of absence of criminal responsibility is submitted to the trier of fact:

          (a) In a unitary trial, the trier of fact shall first determine whether the prosecutor has proven that the defendant committed the crime charged.  In a bifurcated trial, the trier of fact shall separately determine whether the prosecution has proven (i) that the defendant committed the crime charged and (ii) that the defendant was criminally responsible.  Each determination must be made at the conclusion of the phase of the trial at which the respective issue was tried.  If the trier of fact concludes that the prosecutor failed to prove that the defendant committed the crime charged, the appropriate verdict or finding is "not guilty."

          (b) If the trier of fact determines that the defendant committed the crime charged and that the defendant was criminally responsible for that crime, the appropriate verdict or finding is "guilty."

          (c) If the trier of fact determines that the defendant committed the crime charged but was not criminally responsible for that crime, the appropriate verdict or finding is a statement of the crime the defendant is found to have committed and that the defendant is "not criminally responsible by reason of mental illness or defect."

                                                                         ARTICLE VIII

                                                        POST-TRIAL MOTIONS AND APPEAL

 

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          NEW SECTION.  Sec. 22.  POST-TRIAL MOTIONS AND APPEAL FROM VERDICT OR FINDING OF NOT CRIMINALLY RESPONSIBLE.   (a) A defendant found not criminally responsible by reason of mental illness or defect may seek post-trial relief in the trial court and may appeal on issues pertaining to the verdict or finding that the defendant committed a crime.

          (b) In the case of a verdict or finding of not criminally responsible by reason of mental illness or defect, if the verdict or finding that the defendant committed a crime is vacated or set aside and the defendant is retried, unless the defendant elects to waive the defense, the verdict or finding of absence of criminal responsibility is conclusive in the retrial.

                                                                          ARTICLE IX

                                          DISPOSITION OF PERSONS FOUND NOT RESPONSIBLE

                                                BY REASON OF MENTAL ILLNESS OR DEFECT

 

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          NEW SECTION.  Sec. 23.  JURISDICTION OF COURT.           (a) Unless earlier discharged by order of the court pursuant to section 903, 905, or 906 of this act, an individual found not criminally responsible by reason of mental illness or defect is subject to the jurisdiction of the court for a period equal to the maximum term of imprisonment that could have been imposed for the most serious crime of which the individual was charged but found not criminally responsible.

          (b) Upon expiration of its jurisdiction under this chapter or earlier discharge by its order, the court may order that a proceeding for involuntary commitment be initiated pursuant to the statute on civil commitment of individuals who are mentally ill or defective.

 

          NEW SECTION.  Sec. 24.  PROCEEDING FOLLOWING VERDICT OR FINDING.          After entry of a verdict or finding that an individual is not criminally responsible by reason of mental illness or defect, the court shall:

          (1) Make a finding, based upon the verdict or finding provided in section 704 of this act, of the expiration date of its jurisdiction; and

          (2) Order the individual committed to a state mental hospital or other suitable facility for examination.  The order may set terms of custody during the period of examination.

 

          NEW SECTION.  Sec. 25.  INITIAL ORDER OF DISPOSITION--COMMITMENT TO STATE INSTITUTION OR FACILITY--CONDITIONAL RELEASE--DISCHARGE.          (a) The court shall conduct a dispositional hearing within ninety days after an order of commitment pursuant to section 902 of this act is entered, unless, upon application of the prosecutor or the individual committed, the court for cause shown extends the time for the hearing.  The court shall enter an initial order of disposition within ten days after the hearing is concluded.

          (b) In a proceeding under this section, unless excused by order of the court, defense counsel at the trial shall represent the individual committed.

          (c) If the court finds that the individual committed lacks sufficient financial resources to retain the services of a mental health professional and that those services are not otherwise available, it shall authorize reasonable expenditures from public funds for the individual's retention of the services of one or more mental health professionals to examine the individual and make other inquiry concerning the individual's mental condition.

          (d) In a proceeding under this section, the individual committed has the burden of proof by a preponderance of the evidence.  The court shall enter an order in accordance with the following rules:

          (1) If the court finds that the individual is not mentally ill or defective or that there is not a substantial risk, as a result of mental illness or defect, that the individual will commit a criminal act, it shall order the individual discharged from further constraint under this chapter.

          (2) If the court finds that the individual is mentally ill or defective and that there is a substantial risk, as a result of mental illness or defect, that the individual will commit a criminal act of violence threatening another person with bodily injury or property damage and that the individual is not a proper subject for conditional release, it shall order the individual committed to a state institution or facility under the direction and control of the secretary of social and health services for custody and treatment.  If the court finds that the risk that the individual will commit an act of violence threatening another person with bodily injury or property damage will be controlled adequately with supervision and treatment if the individual is conditionally released and that necessary supervision and treatment are available, it shall order the individual released subject to conditions the court considers appropriate for the protection of society.

          (3) If the court finds that the individual is mentally ill or defective and that there is a substantial risk, as a result of mental illness or defect, that the individual will commit a criminal act not included in subsection (2) of this section, it may order the person to report to any state or local mental health facility for noncustodial evaluation and treatment and to accept nonexperimental, generally accepted  medical, psychiatric, or psychological treatment recommended by the facility.

 

          NEW SECTION.  Sec. 26.  TERMS OF COMMITMENT--PERIODIC REVIEW OF COMMITMENT.            (a) Unless an order of commitment of an individual to a state institution or facility provides for special terms as to custody during commitment, the superintendent may determine from time to time the nature of the constraints necessary within the institution or facility to carry out the court's order.  In an order of commitment, the court may authorize the superintendent to allow the individual a limited leave of absence from the institution or facility on terms the court may direct.

          (b) In an order of commitment of an individual to an institution or facility under this chapter, the court shall set a date for review of the status of the individual.  The date set must be within one year after the date of the order.

          (c) At least sixty days before a date for review fixed in a court order, the superintendent of the institution or facility shall inquire as to whether the individual is presently represented by counsel and file with the court a written report of the facts ascertained.  If the individual is not represented by counsel, the court shall appoint counsel to consult with the individual and, if appropriate, to apply to the court for appointment of counsel to represent the individual in a proceeding for conditional release or discharge.

          (d) If the court finds in a review that the individual lacks sufficient financial resources to retain the services of a mental health professional and that those services are otherwise not available, the court shall authorize reasonable expenditures from public funds for the individual's retention of the services of one or more mental health professionals to examine the individual and make other inquiry concerning the individual's mental condition.  In proceedings brought before the next date for review, the court may authorize expenditures from public funds for that purpose.

          (e) If an application for review of the status of the individual has not been filed by the date for review, the superintendent shall file a motion for a new date to be set by the court.  The date set must be within one year after the previous date for review.

 

          NEW SECTION.  Sec. 27.  MODIFICATION OF ORDER OF COMMITMENT--CONDITIONAL RELEASE OR DISCHARGE--RELEASE PLAN.    (a) After commitment of an individual to a state institution or facility under this chapter, the superintendent may apply to the court for modification of the terms of an order of commitment or for an order of conditional release or discharge.  The application must be accompanied by a report setting forth the facts supporting the application and, if the application is for conditional release, a plan for supervision and treatment of the individual.

          (b) An individual who has been committed to an institution or facility under this chapter, or another person acting on the individual's behalf, may apply to the court for modification of the terms of a commitment order  or for an order of conditional release or discharge.  If the application is being considered by the court at the time of review of the order of commitment, the court shall require a report from the superintendent of the institution or facility.

          (c) The court shall consider and dispose of an application promptly.  In a proceeding under this section, the applicant has the burden of proof by a preponderance of the evidence.  The court shall enter an order in accordance with the following rules:

          (1) If the court finds that the individual is not mentally ill or defective or that there is not a substantial risk that the individual will commit, as a result of mental illness or defect, a criminal act, it shall order the individual discharged from further constraint under this chapter.

          (2) If the court finds that the individual is mentally ill or defective, but that there is not a substantial risk that the individual will commit, as a result of mental illness or defect, a criminal act of violence threatening another individual with bodily injury or inflicting property damage, it shall vacate the order committing the individual to an institution or facility.  If the court finds that there is a substantial risk that the individual will commit, as a result of mental illness or defect, a nonviolent criminal act, it may order the individual to report to any state or local mental health facility for noncustodial evaluation and treatment and to accept nonexperimental, generally accepted medical, psychiatric, or psychological treatment recommended by the facility.

          (3) If the court finds that the individual is mentally ill or defective, but that the risk that the individual will commit, as a result of mental illness or defect, a criminal act of violence threatening another individual with bodily injury or inflicting property damage will be controlled adequately with supervision and treatment and that necessary supervision and treatment are available, it shall order the individual released subject to conditions it considers appropriate for the protection of society.

          (d) In any proceeding for modification of an order of commitment to an institution or facility, if the individual has been represented by counsel and the application for modification of the order of commitment is denied after a plenary hearing, the court shall set a new date for periodic review of the status of the individual.  The date set must be within one year after the date of the order.

 

          NEW SECTION.  Sec. 28.  CONDITIONAL RELEASE--MODIFICATION--REVOCATION--DISCHARGE.   (a) In an order for conditional release of an individual, the court shall designate a facility or a person to be responsible for supervision of the individual.

          (b) As a condition of release, the court may (i) require the individual to report to any state or local mental health facility for evaluation and treatment, (ii) require the individual to accept nonexperimental, generally accepted medical, psychiatric, or psychological treatment recommended by the facility, and (iii) impose other conditions reasonably necessary for protection of society.

          (c) The person or the director of a facility responsible for supervision of an individual released shall furnish reports to the court, at intervals prescribed by the court, concerning the mental condition of the individual.  Copies of reports submitted to the court must be furnished to the individual and to the prosecutor.

          (d) If there is reasonable cause to believe that the individual released presents an imminent threat to cause bodily injury to another, the director of the facility or the person responsible for supervision of the individual pursuant to an order of conditional release may take the individual into custody, or request that the individual be taken into custody.  An individual taken into custody under this subsection must be accorded an emergency hearing before the court not later than the next court day to determine whether the individual should be retained in custody pending a further order pursuant to subsection (e) of this section.

          (e) Upon application by an individual conditionally released, by the director of the facility or person responsible for supervision of the individual pursuant to an order of conditional release, or by the prosecutor, the court shall determine whether to continue, modify, or terminate the order.  The court shall consider and dispose of an application promptly.  In a proceeding under this section, the applicant has the burden of proof by a preponderance of the evidence.  The court shall enter an order in accordance with the following rules:

          (1) If the court finds that the individual is not mentally ill or defective or that there is not a substantial risk that the individual will commit, as a result of mental illness or defect, a criminal act, it shall order that the individual be discharged from further constraint under this chapter.

          (2) If the court finds that the individual is mentally ill or defective but that there is not a substantial risk that the individual will commit, as a result of mental illness or defect, a criminal act of violence threatening another individual with bodily injury or inflicting property damage, the court may modify the conditions of release as appropriate for the protection of society.

          (3) If the court finds that the individual is mentally ill or defective and that there is a substantial risk that the individual will commit, as a result of mental illness or defect, a criminal act of violence threatening another individual with bodily injury or inflicting property damage and that the individual is no longer a proper subject for conditional release, the court shall order the individual committed to a state institution or facility under the direction of the secretary of social and health services for custody and treatment.  If the court finds that the individual is mentally ill or defective and that there is a substantial risk that the individual will commit, as a result of mental illness or defect, a nonviolent criminal act, the court may order the individual to report to any state or local mental health facility for noncustodial evaluation and treatment and to accept nonexperimental, generally accepted medical, psychiatric, or psychological treatment recommended by the facility.

 

          NEW SECTION.  Sec. 29.  PROCEDURES UNDER ARTICLE.             (a) An applicant for a court order under this article shall deliver a copy of the application and any accompanying documents to the individual committed, the prosecutor, the superintendent of the institution or facility to which the individual has been committed or the person or the director of a facility responsible for supervision of the individual conditionally released. The rules of civil procedure, adapted by the court to the circumstances of a post-verdict proceeding, apply to a proceeding under this article.

          (b) In a proceeding under this article for an initial order of disposition, in a proceeding for modification or termination of an order of commitment to an institution or facility initiated by the individual at the time of a review, or in a proceeding in which the status of the person might be adversely affected, the individual has a right to counsel.  If the court finds that the individual lacks sufficient financial resources to retain counsel and that counsel is not otherwise available, it shall appoint counsel to represent the individual.

          (c) In a proceeding under this article, the rules of evidence apply.  If relevant, evidence adduced in the criminal trial of the individual and information obtained by court-ordered examinations of the individual pursuant to section 303 or 902 of this act are admissible.

          (d) A final order of the court is appealable to the court of appeals.

                                                                          ARTICLE X

                                                                 GENERAL PROVISIONS

 

!af98,1000

 

          NEW SECTION.  Sec. 30.  SHORT TITLE.   This chapter may be cited as the uniform law commissioners' model insanity defense and post-trial disposition act.

 

          NEW SECTION.  Sec. 31.    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.

 

          NEW SECTION.  Sec. 32.    Sections 101 through 1002 of this act are each added to chapter 10.77 RCW.

 

          NEW SECTION.  Sec. 33.  The following acts or parts of acts are each repealed:

                   (1) Section 1, chapter 117, Laws of 1973 1st ex. sess., section 1, chapter 198, Laws of 1974 ex. sess., section 1, chapter 122, Laws of 1983 and RCW 10.77.010;

          (2) Section 2, chapter 117, Laws of 1973 1st ex. sess., section 2, chapter 198, Laws of 1974 ex. sess. and RCW 10.77.020;

          (3) Section 3, chapter 117, Laws of 1973 1st ex. sess., section 3, chapter 198, Laws of 1974 ex. sess. and RCW 10.77.030;

          (4) Section 4, chapter 117, Laws of 1973 1st ex. sess., section 4, chapter 198, Laws of 1974 ex. sess. and RCW 10.77.040;

          (5) Section 5, chapter 117, Laws of 1973 1st ex. sess., section 5, chapter 198, Laws of 1974 ex. sess. and RCW 10.77.050;

          (6) Section 6, chapter 117, Laws of 1973 1st ex. sess., section 6, chapter 198, Laws of 1974 ex. sess. and RCW 10.77.060;

          (7) Section 7, chapter 117, Laws of 1973 1st ex. sess.  and RCW 10.77.070;

          (8) Section 8, chapter 117, Laws of 1973 1st ex. sess., section 7, chapter 198, Laws of 1974 ex. sess. and RCW 10.77.080;

          (9) Section 9, chapter 117, Laws of 1973 1st ex. sess., section 8, chapter 198, Laws of 1974 ex. sess., section 3, chapter 215, Laws of 1979 ex. sess. and RCW 10.77.090;

          (10) Section 10, chapter 117, Laws of 1973 1st ex. sess., section 9, chapter 198, Laws of 1974 ex. sess. and RCW 10.77.100;

          (11) Section 11, chapter 117, Laws of 1973 1st ex. sess., section 10, chapter 198, Laws of 1974 ex. sess., section 4, chapter 215, Laws of 1979 ex. sess., section 1, chapter 25, Laws of 1983 and RCW 10.77.110;

          (12) Section 12, chapter 117, Laws of 1973 1st ex. sess., section 11, chapter 198, Laws of 1974 ex. sess. and RCW 10.77.120;

          (13) Section 13, chapter 117, Laws of 1973 1st ex. sess.  and RCW 10.77.130;

          (14) Section 14, chapter 117, Laws of 1973 1st ex. sess., section 12, chapter 198, Laws of 1974 ex. sess. and RCW 10.77.140;

          (15) Section 15, chapter 117, Laws of 1973 1st ex. sess., section 13, chapter 198, Laws of 1974 ex. sess., section 1, chapter 112, Laws of 1982  and RCW 10.77.150;

          (16) Section 16, chapter 117, Laws of 1973 1st ex. sess. and RCW 10.77.160;

          (17) Section 2, chapter 122, Laws of 1983 and RCW 10.77.163;

          (18) Section 3, chapter 122, Laws of 1983 and RCW 10.77.165;

          (19) Section 17, chapter 117, Laws of 1973 1st ex. sess.  and RCW 10.77.170;

          (20) Section 18, chapter 117, Laws of 1973 1st ex. sess., section 14, chapter 198, Laws of 1974 ex. sess. and RCW 10.77.180;

          (21) Section 19, chapter 117, Laws of 1973 1st ex. sess., section 15, chapter 198, Laws of 1974 ex. sess., section 2, chapter 112, Laws of 1982 and RCW 10.77.190;

          (22) Section 20, chapter 117, Laws of 1973 1st ex. sess., section 16, chapter 198, Laws of 1974 ex. sess., section 2, chapter 25, Laws of 1983 and RCW 10.77.200;

          (23) Section 21, chapter 117, Laws of 1973 1st ex. sess., section 3, chapter 196, Laws of 1983 and RCW 10.77.210;

          (24) Section 22, chapter 117, Laws of 1973 1st ex. sess., section 17, chapter 198, Laws of 1974 ex. sess., section 3, chapter 112, Laws of 1982 and RCW 10.77.220;

          (25) Section 23, chapter 117, Laws of 1973 1st ex. sess., section 18, chapter 198, Laws of 1974 ex. sess.  and RCW 10.77.230;

          (26) Section 24, chapter 117, Laws of 1973 1st ex. sess.  and RCW 10.77.240;

          (27) Section 25, chapter 117, Laws of 1973 1st ex. sess.  and RCW 10.77.250;

          (28) Section 26, chapter 117, Laws of 1973 1st ex. sess.  and RCW 10.77.900;

          (29) Section 27, chapter 117, Laws of 1973 1st ex. sess.  and RCW 10.77.910;

          (30) Section 28, chapter 117, Laws of 1973 1st ex. sess.  and RCW 10.77.920; and

          (31) Section 30, chapter 117, Laws of 1973 1st ex. sess.  and RCW 10.77.930.