SHB 2533 -
By Committee on Human Services & Corrections
ADOPTED AS AMENDED 03/02/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 71.05 RCW
to read as follows:
(1) A civil commitment may be initiated under the procedures
described in RCW 71.05.150 or 71.05.153 for a person who has been found
not guilty by reason of insanity in a state other than Washington and
who has fled from detention, commitment, or conditional release in that
state, on the basis of a request by the state in which the person was
found not guilty by reason of insanity for the person to be detained
and transferred back to the custody or care of the requesting state.
A finding of likelihood of serious harm or grave disability is not
required for a commitment under this section. The detention may occur
at either an evaluation and treatment facility or a state hospital.
The petition for seventy-two hour detention filed by the designated
mental health professional must be accompanied by the following
documents:
(a) A copy of an order for detention, commitment, or conditional
release of the person in a state other than Washington on the basis of
a judgment of not guilty by reason of insanity;
(b) A warrant issued by a magistrate in the state in which the
person was found not guilty by reason of insanity indicating that the
person has fled from detention, commitment, or conditional release in
that state and authorizing the detention of the person within the state
in which the person was found not guilty by reason of insanity;
(c) A statement from the executive authority of the state in which
the person was found not guilty by reason of insanity requesting that
the person be returned to the requesting state and agreeing to
facilitate the transfer of the person to the requesting state.
(2) The person shall be entitled to a probable cause hearing within
the time limits applicable to other detentions under this chapter and
shall be afforded the rights described in this chapter including the
right to counsel. At the probable cause hearing, the court shall
determine the identity of the person and whether the other requirements
of this section are met. If the court so finds, the court may order
continued detention in a treatment facility for up to thirty days for
the purpose of the transfer of the person to the custody or care of the
requesting state. The court may order a less restrictive alternative
to detention only under conditions which ensure the person's safe
transfer to the custody or care of the requesting state within thirty
days without undue risk to the safety of the person or others.
(3) For the purposes of this section, "not guilty by reason of
insanity" shall be construed to include any provision of law which is
generally equivalent to a finding of criminal insanity within the state
of Washington; and "state" shall be construed to mean any state,
district, or territory of the United States."
SHB 2533 -
By Committee on Human Services & Corrections
ADOPTED AS AMENDED 03/02/2010
On page 1, line 2 of the title, after "health;" strike the remainder of the title and insert "and adding a new section to chapter 71.05 RCW."
EFFECT: A person who has been found not guilty by reason of insanity in another state and fled from detention, commitment, or conditional release in that state may be detained in an evaluation and treatment facility or state hospital under chapter 71.05 RCW for the purpose of transferring the person back to the state from which the person fled when that state has requested that the person be returned to the state and agreed to facilitate the transfer. The requirements for detention and transfer are spelled out without reference to the Uniform Criminal Extradition Act.