S-4668

AN ACT Relating to a task force on offenders who have a mental illness; creating new sections; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature intends to enhance public safety and the provision of mental health services to offenders who have a mental illness. The legislature recognizes that hundreds of convicted criminal offenders are released into the community each year and that many of these offenders pose a substantial danger to the public due to their ongoing mental illness. Some of these offenders present a significant risk to people's lives, health, and safety, absent effective long-term monitoring, control, and treatment of their mental illness.

By enacting chapter 342, Laws of 1997, the legislature began with a narrowly focused pilot project involving no more than twenty-five seriously mentally ill offenders. Recent studies by the University of Washington and others suggest that there is a large and growing population of offenders who have a mental illness with a broad array of mental disorders who may not have sufficient access to mental health services and who therefore pose a threat to public safety once released into the community.

The intent of the legislature is to find answers to many questions surrounding convicted persons who have a mental illness both in total confinement and after release from total confinement.

NEW SECTION. Sec. 2. (1) There is created a task force on offenders who have a mental illness. The membership of the task force shall include: (a) Four members of the senate, not more than two of whom shall be of the same political party; (b) four members of the house of representatives, not more than two of whom shall be of the same political party; (c) a representative of the office of the governor; (d) two representatives of the department of corrections; (e) two representatives of the department of social and health services; (f) two representatives of county government; (g) a representative of municipal government; (h) a representative of the membership of an association dedicated to the provision of defense in criminal proceedings; (i) two representatives of prosecuting attorneys; (j) a representative of an association which advocates for persons who have a mental illness; (k) a representative of an association which advocates for the families of persons who have a mental illness; (l) a representative of the attorney general; (m) a representative of superior court judges; (n) a representative of district and municipal court judges; (o) two representatives of regional support networks; (p) a person who has a mental illness; and (q) a representative of an association of sheriffs and police chiefs. The task force shall select a legislative member as its chair.

(2) The governor shall appoint the members of the task force identified in subsection (1)(c), (d), (e), (j), (k), and (p) of this section.

(3) The task force shall examine the following regarding persons with a mental illness who have been convicted of a criminal offense and who pose a serious risk to public safety:

(a) Current procedures for identification of persons convicted of crimes who, due to their mental illness pose a serious threat to public safety;

(b) The quantity and quality of mental health services provided, immediately prior to and following release to the community, to persons in a correctional facility who are identified as being dangerous and mentally ill;

(c) The degree of freedom of movement and activities that dangerous offenders who have a mental illness should have in their communities following their release from jurisdiction of the court or department of corrections;

(d) Appropriate living conditions and restrictions, considering the nature of the illness and degree of risk to public safety;

(e) Appropriate methods of assuring security and apprehension of dangerous offenders who have a mental illness and who present an immediate threat to public safety or who may be in violation of conditions imposed on them by the court;

(f) Improved coordination of services by the departments of corrections and social and health services, including a recommendation of how to better serve persons who are diagnosed with both drug and alcohol problems and mental illness;

(g) Methods of improving efficiencies and reducing costs in delivery of mental health services;

(h) Appropriate changes in: Training of persons who supervise or deliver mental health services to offenders who have a mental illness, who are in corrections or in the community, to assure that effective techniques and equipment are employed which have been demonstrated to reduce recidivism and enhance public safety. A mechanism to annually assess the effectiveness of these approaches shall be identified;

(i) Establishment of documentation procedures for data bases, case tracking, management reporting, and aggregation of data for evaluation and accountability purposes;

(j) Existing methods of providing civil law controls of dangerous offenders who have a mental illness and determine whether changes in such controls would improve public safety without violation of due process or other liberty interests. The task force shall make recommendations regarding such changes; and

(k) Whether barriers to information sharing between public agencies exist that impair the delivery of services and how such barriers can be removed or reduced.

(4) The task force shall not limit its consideration of correctional control tools and mental health treatment methodologies to those currently employed within this state but shall examine any methodology which it deems reasonably likely to improve mental health services and increase public safety. In such examination, reduction of reoffense rates shall be given strong consideration.

(5) The task force shall begin its deliberations no later than May 1, 1998. The task force shall issue its final report and recommendations no later than December 1, 1998.

NEW SECTION. Sec. 3. Nonlegislative members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.

NEW SECTION. Sec. 4. This act expires December 31, 1998.

NEW SECTION. Sec. 5. 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.