HOUSE BILL REPORT

HB 2054

BYRepresentatives Locke, Todd, O'Brien, Padden, Appelwick, Anderson, Winsley, Belcher and P. King 

Specifying the conditions which the state must follow prior to the release of involuntarily committed and dangerous individuals.

House Committe on Judiciary

Majority Report:  Do pass.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE MARCH 15, 1989

BACKGROUND:

Under current law, persons who are found not guilty by reason of insanity, or who are found incompetent to stand trial may be committed involuntarily to a mental institution if they have been found to be dangerous to others.  Before such a person is discharged from a mental institution, notice of the impending discharge must be given to the prosecuting attorneys in the county from which the person was committed and the county to which the person is to be released.  The prosecuting attorneys then have an opportunity to argue against the discharge.

Under the involuntary commitment statutes, a patient at a mental institution may be temporarily released under authority of the treating mental health professional or the superintendent of the institution.  There is no requirement that anyone be notified of such a temporary release.

SUMMARY:

A notification requirement is established for the temporary release of certain mentally ill persons from a state mental institution.  The requirement applies to the unsupervised temporary release of persons committed as the result of a finding of incompetency or a verdict of not guilty by reason of insanity.  The notification must be made to the prosecuting attorneys in the county from which the person was committed and the county to which the person is to be temporarily released.  The prosecuting attorneys may contest the temporary release on the same grounds as are provided for contesting a final discharge from the institution.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill is necessary to protect the public from the reoccurrence of tragedies such as the recent crimes committed by a mental patient released on unsupervised furlough.

House Committee - Testimony Against:      None Presented.