Z-1299.3  _______________________________________________

                         SENATE BILL 6335

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Long and Hargrove; by request of Department of Social and Health Services

Read first time 01/15/2002.  Referred to Committee on Human Services & Corrections.

Revising provisions for forensic evaluations.

    AN ACT Relating to forensic evaluations; and amending RCW 10.77.060.

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

    Sec. 1.  RCW 10.77.060 and 2000 c 74 s 1 are each amended to read as follows:

    (1)(a) Whenever there is reason to doubt the competency of a defendant, the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate a qualified expert or professional person to examine and report upon the mental condition of the defendant.  The expert or professional person appointed must be a developmental disabilities professional if the court is advised by any party that the defendant may be developmentally disabled.  The report of the results of the examination shall be submitted to the court within fifteen days of the expert or professional person receiving the order of the court, charging documents, and the relevant discovery materials.  Additional time may be granted by the court upon the request of the examiner.  If clinically necessary and requested by the appointed or designated expert or professional person, the court may order the defendant committed to a hospital or other suitably secure public or private mental health facility for a period of time necessary to complete the examination, but not to exceed fifteen days from the time of admission to the facility.  "Clinically necessary" for purposes of this section does not include the expert or professional person's convenience.  At the request of the expert or professional person, the court may appoint or designate additional experts or professional persons to conduct the examination.

(b) Whenever a defendant has ((pleaded)) entered into court a plea of 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)) one or 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 or designated 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, the court may order the defendant:  (i) Upon agreement of the parties, examined in the jail, detention facility, or out of custody by one expert or professional person; or (ii) committed to a hospital or other suitably secure public or private mental health facility for a period of time necessary to complete the examination by two experts or professional persons, but not to exceed fifteen days from the time of admission to the facility.  At the request of the expert or professional person, the court may appoint or designate additional experts or professional persons to conduct the examination.

    (((b))) (c) Whenever a defendant has informed the court of the possible intent to introduce evidence of a diminished capacity, the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate one or two qualified experts or professional persons, one of whom must 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 or designated must 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, the court may order the defendant:  (i) Upon agreement of the parties, examined in the jail, detention facility, or out of custody by one expert or professional person; or (ii) committed to a hospital or other suitably secure public or private mental health facility for a period of time necessary to complete the examination by two experts or professional persons, but not to exceed fifteen days from the time of admission to the facility.  At the request of the expert or professional person, the court may appoint or designate additional experts or professional persons to conduct the examination.

(d) When a defendant is ordered to be examined or committed for inpatient examination under this subsection (1), the court may delay granting bail until the defendant has been ((evaluated)) examined for competency or sanity and appears before the court.  Following the evaluation, in determining bail the court shall consider:  (i) Recommendations of the expert or professional persons regarding the defendant's competency, sanity, or diminished capacity; (ii) whether the defendant has a recent history of one or more violent acts; (iii) whether the defendant has previously been acquitted by reason of insanity or found incompetent; (iv) whether it is reasonably likely the defendant will fail to appear for a future court hearing; and (v) whether the defendant is a threat to public safety.

    (2) 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) The report of the examination regarding competency must 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 the defendant's capacity to understand the nature of the proceedings and to assist in his or her defense as a result of mental disease or defect; and

(d) An opinion, based on the examination, as to whether the defendant should be evaluated by a county designated mental health professional under chapter 71.05 RCW, and, if requested by the court, an opinion as to whether the defendant is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

(4) The report of the examination regarding sanity when the defendant has entered into court a plea of not guilty by reason of insanity pursuant to RCW 10.77.030 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)) ability at the time of ((the act)) commission of the offense, as a result of mental disease or defect, to perceive the nature and quality of the act charged and ability to tell right from wrong with reference to the act charged;

    (((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))) (d) An opinion as to whether the defendant should be evaluated by a county designated mental health professional under chapter 71.05 RCW, and, if requested by the court, an opinion as to whether the defendant is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

    (((4))) (5) The report of the examination regarding diminished capacity when a defendant has informed the court of the possible intent to introduce evidence of a diminished capacity must include the following:

(a) A description of the nature of the examination;

(b) A diagnosis of the mental condition of the defendant;

(c) An opinion as to the capacity of the defendant to have a particular state of mind which is an element of the offense charged;

(d) An opinion as to whether the defendant should be evaluated by a county designated mental health professional under chapter 71.05 RCW, and, if requested by the court, an opinion as to whether the defendant is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

(6) The secretary may execute such agreements as appropriate and necessary to implement this section.

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