S-1250.2 _______________________________________________
SENATE BILL 5797
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senators Hargrove, Long and Franklin
Read first time 02/07/95. Referred to Committee on Human Services & Corrections.
AN ACT Relating to examinations of mental conditions; amending RCW 10.77.060; adding a new section to chapter 10.77 RCW; 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) The court shall order the examination 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 court may order the defendant committed to a local hospital or other suitable facility if the court determines that twenty-four hour observation is necessary to properly complete the examination. The commitment shall be for a period of time necessary to complete the examination, but not to exceed fifteen days.
(((2))) (3)
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)))
(4) 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))) (4)
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. A new section is added to chapter 10.77 RCW to read as follows:
The department shall contract with each county in the state to conduct examinations of the mental condition of defendants pursuant to RCW 10.77.060. The department shall assist each county in the state to conduct examinations of the mental condition of defendants, including providing qualified experts or professional persons to conduct the examinations, upon request.
NEW SECTION. Sec. 3. 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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