BILL REQ. #: H-4812.2
| State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/02/10.
AN ACT Relating to adopting the interstate compact on mental health; adding a new chapter to Title 7 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that providing for the
surrender of persons who have been found not guilty by reason of
insanity, and who have fled from a state where they were under an order
of detention, commitment, or conditional release or their return to the
state from which they fled, consistent with the interstate compact on
mental health, will promote public safety.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Flight" or "fled" means a departure from a state in which a
person was under detention, commitment, or conditional release due to
a finding of not guilty by reason of insanity.
(2) "Governor" means the governor of a state or the executive
authority of the District of Columbia.
NEW SECTION. Sec. 3 The governor of this state may arrest and
transfer a person, in this state, who has been found not guilty by
reason of insanity and who has fled from detention, commitment, or
conditional release.
NEW SECTION. Sec. 4 The governor of this state may demand the
return to the state of Washington any person who has been found not
guilty by reason of insanity and who has fled from detention,
commitment, or conditional release in this state.
NEW SECTION. Sec. 5 Except as otherwise specifically provided in
this chapter, state and local officials and the courts shall have the
same powers and follow the same procedures in effecting the provisions
of this chapter as are set forth in the uniform criminal extradition
act, chapter 10.88 RCW.
NEW SECTION. Sec. 6 Except as otherwise specifically provided in
this chapter, persons subject to arrest, surrender, or return under
this chapter have the same rights provided to persons accused or
convicted of crimes under the uniform criminal extradition act, chapter
10.88 RCW.
NEW SECTION. Sec. 7 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 8 This act applies retroactively to any
circumstances that occurred or demands for surrender or return that
were made before the effective date of this act.
NEW SECTION. Sec. 9 Sections 1 through 8 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 10 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.