5216-S2AMSSTEVS4757.12SSB 5216S AMD712By Senator Stevens Strike everything after the enacting clause and insert thefollowing:Sec. RCW 10.77.060 and 2000 c 74 s 1 are each amended to readas follows: (1)(a) Whenever a defendant has pleaded not guilty by reason ofinsanity, or there is reason to doubt his or her competency, the courton its own motion or on the motion of any party shall either appoint orrequest the secretary to designate at least two qualified experts orprofessional persons, one of whom shall be approved by the prosecutingattorney, to examine and report upon the mental condition of thedefendant. The signed order of the court shall serve as authority forthe experts to be given access to all records held by any mentalhealth, medical, educational, or correctional facility that relate tothe present or past mental, emotional, or physical condition of thedefendant. At least one of the experts or professional personsappointed shall be a developmental disabilities professional if thecourt is advised by any party that the defendant may be developmentallydisabled. Upon agreement of the parties, the court may designate oneexpert or professional person to conduct the examination and report onthe mental condition of the defendant. For purposes of theexamination, the court may order the defendant committed to a hospitalor other suitably secure public or private mental health facility fora period of time necessary to complete the examination, but not toexceed fifteen days from the time of admission to the facility. If thedefendant is being held in jail or other detention facility, uponagreement of the parties, the court may direct that the examination beconducted at the jail or other detention facility. (b) When a defendant is ordered to be committed for inpatientexamination under this subsection (1), the court may delay grantingbail until the defendant has been evaluated for competency or sanity 1 and appears before the court. Following the evaluation, in determiningbail the court shall consider: (i) Recommendations of the expert orprofessional persons regarding the defendant's competency, sanity, ordiminished capacity; (ii) whether the defendant has a recent history ofone or more violent acts; (iii) whether the defendant has previouslybeen acquitted by reason of insanity or found incompetent; (iv) whetherit is reasonably likely the defendant will fail to appear for a futurecourt hearing; and (v) whether the defendant is a threat to publicsafety. (2) The court may direct that a qualified expert or professionalperson retained by or appointed for the defendant be permitted towitness the examination authorized by subsection (1) of this section,and that the defendant shall have access to all information obtained bythe court appointed experts or professional persons. The defendant'sexpert or professional person shall have the right to file his or herown report following the guidelines of subsection (3) of this section.If the defendant is indigent, the court shall upon the request of thedefendant assist him or her in obtaining an expert or professionalperson. (3) 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 isdevelopmentally disabled, an opinion as to competency; (d) If the defendant has indicated his or her intention to rely onthe defense of insanity pursuant to RCW 10.77.030, an opinion as to thedefendant's sanity at the time of the act; (e) When directed by the court, an opinion as to the capacity ofthe defendant to have a particular state of mind which is an element ofthe offense charged; (f) An opinion as to whether the defendant should be evaluated bya county designated mental health professional under chapter 71.05 RCW,and an opinion as to whether the defendant is a substantial danger toother persons, or presents a substantial likelihood of committingcriminal acts jeopardizing public safety or security, unless kept underfurther control by the court or other persons or institutions. 2 (4) The secretary may execute such agreements as appropriate andnecessary to implement this section.2SSB 5216S AMD712By Senator Stevens On page 1, line 1 of the title, after examinations; strike theremainder of the title and insert and amending RCW 10.77.060.--- END --- 3