S-2190.1 _______________________________________________
SUBSTITUTE SENATE BILL 5797
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State of Washington 54th Legislature 1995 Regular Session
By Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long and Franklin)
Read first time 03/01/95.
AN ACT Relating to examinations of mental conditions; amending RCW 10.77.060; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 10.77.060 and 1989 c 420 s 4 are each amended to read as follows:
(1)
Whenever a defendant has pleaded not guilty by reason of insanity, or there is
reason to doubt his or her competency, the court on its own motion or on the
motion of any party shall either appoint or request the secretary to designate
at least two qualified experts or professional persons, one of whom shall be
approved by the prosecuting attorney, to examine and report upon the mental
condition of the defendant. At least one of the experts or professional
persons appointed shall be a developmental disabilities professional if the
court is advised by any party that the defendant may be developmentally
disabled. ((For purposes of the examination,))
(2) Whenever the court orders an examination of a defendant's mental condition because there is reason to doubt his or her competency, the court shall order a preliminary examination by at least one qualified forensic expert designated by the secretary to be conducted within the county jail or other correctional facility in which the defendant is being confined, or in a nonconfinement setting if the defendant is not in total confinement. The preliminary examination shall be conducted to determine: (a) If the competency of the defendant is an issue; (b) if further examination is necessary to complete the examination report under this section; or (c) if there is probable cause to believe that twenty-four-hour observation of the defendant is necessary to complete the examination report under this section. The court shall order the defendant committed to a hospital or other suitable facility if the court determines there is probable cause to believe that twenty-four-hour observation is necessary to properly complete the examination report under this section. The commitment shall be for a period of time necessary to complete the examination, but not to exceed fifteen days.
(3) Whenever the court orders an examination of a defendant's mental condition because the defendant has pleaded not guilty by reason of insanity, the court may order the defendant committed to a hospital or other suitable facility for a period of time necessary to complete the examination, but not to exceed fifteen days.
(((2)))
(4) The court may direct that a qualified expert or professional person
retained by or appointed for the defendant be permitted to witness the
examination authorized by subsection (1) of this section, and that the
defendant shall have access to all information obtained by the court appointed
experts or professional persons. The defendant's expert or professional person
shall have the right to file his or her own report following the guidelines of
subsection (((3))) (5) of this section. If the defendant is indigent,
the court shall upon the request of the defendant assist him or her in
obtaining an expert or professional person.
(((3)))
(5) The report of the examination shall include the following:
(a) A description of the nature of the examination;
(b) A diagnosis of the mental condition of the defendant;
(c) If the defendant suffers from a mental disease or defect, or is developmentally disabled, an opinion as to competency;
(d) If the defendant has indicated his or her intention to rely on the defense of insanity pursuant to RCW 10.77.030, an opinion as to the defendant's sanity at the time of the act;
(e) When directed by the court, an opinion as to the capacity of the defendant to have a particular state of mind which is an element of the offense charged;
(f) An opinion as to whether the defendant is a substantial danger to other persons, or presents a substantial likelihood of committing felonious acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.
NEW SECTION. Sec. 2. This act shall take effect January 1, 1996, and shall apply to examinations ordered by a court on or after January 1, 1996.
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