HOUSE BILL REPORT
HB 3003
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Appropriations
Title: An act relating to clarifying the state's ability to recover from defendants the cost of mental health treatment provided at state hospitals.
Brief Description: Clarifying the state's ability to recover from defendants the cost of mental health treatment provided at state hospitals.
Sponsors: Representatives Cody, Dickerson, McCoy, Hinkle, Walsh, Pettigrew, Kenney, Linville and Kelley; by request of Department of Social and Health Services.
Brief History:
Appropriations: 1/30/08, 1/31/08 [DP].
Brief Summary of Bill |
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HOUSE COMMITTEE ON APPROPRIATIONS
Majority Report: Do pass. Signed by 32 members: Representatives Sommers, Chair; Dunshee, Vice Chair; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Haler, Assistant Ranking Minority Member; Anderson, Chandler, Cody, Conway, Darneille, Ericks, Fromhold, Grant, Green, Haigh, Hinkle, Hunt, Hunter, Kagi, Kenney, Kessler, Linville, McIntire, Morrell, Pettigrew, Priest, Ross, Schmick, Schual-Berke, Seaquist, Sullivan and Walsh.
Staff: Carma Matti (786-7140).
Background:
When a person is charged with a crime and has pleaded not guilty by reason of insanity, or
there is reason to doubt his or her competency, the court will appoint or request the
Department of Social and Health Services (DSHS) to provide one or more experts to evaluate
and report on the mental condition of the defendant. The court may stay the criminal
proceedings and order the defendant be committed for an inpatient evaluation at one of the
state's psychiatric hospitals or, if the defendant is being held in a jail, the court may direct the
evaluation be conducted at the jail.
Washington has two adult psychiatric hospitals, Eastern State Hospital (ESH) and Western
State Hospital (WSH). Both hospitals have secure forensic units that house defendants for
the purposes of inpatient evaluations and competency restoration treatment. Currently, there
are 95 forensic beds at ESH and 270 forensic beds at WSH. Over 2,000 forensic evaluations,
the vast majority related to competency to stand trial, are performed at the state psychiatric
hospitals each year.
A defendant charged with a misdemeanor may be committed for inpatient evaluation and
treatment for up to 14 days. A defendant charged with a felony may be committed for up to
90 days or until he or she has regained the competency necessary to understand the
proceedings against him or her. In addition to the evaluation and reports provided to the
courts, mental health and medical services are provided to the defendant while they are
committed at ESH and WSH. These services include room, board, prescription medications,
psycho-social therapy, and medical treatment.
By statute, the DSHS is authorized to seek reimbursement from persons receiving these
services. Another statute provides that in most instances costs relating to a defendant's
prosecution may be imposed only on a convicted defendant. A decision of Division II of the
Court of Appeals, Utter v. DSHS, has created ambiguity about whether the DSHS may collect
the costs of medical and mental health treatment from a defendant who has not been
convicted.
Summary of Bill:
Medical and mental health treatment and services provided by state hospitals or other
facilities are not a cost of prosecution. Except for costs that are directly related to evaluating
and reporting to the court, prosecutor, or defense counsel regarding a defendant's competency
to stand trial, the prohibition on imposing costs of prosecution on a defendant who has not
been convicted does not prevent the state or a local government from collecting the costs of
the defendant's medical or mental health treatment. The DSHS and local governments may
seek reimbursement for such costs that are incurred while criminal proceedings are stayed
pending restoration of competency or while the defendant is in state or local government
custody.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill contains an emergency clause and takes effect immediately.
Staff Summary of Public Testimony:
(In support) This clarification in statute will save the state money. The DSHS will be
allowed to resume the practice of billing for medical and mental health treatment costs. In
other states, it is a practice to bill patients for medical and mental health treatment when they
are committed to the hospital for competency evaluation.
(Opposed) None.
Persons Testifying: Richard Kellogg, Department of Social and Health Services, Mental Health Division.