BILL REQ. #: Z-1184.2
State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/15/10. Referred to Committee on Judiciary.
AN ACT Relating to criminal defendants who are guilty and mentally ill; amending RCW 10.77.040 and 9.94A.501; and adding a new section to chapter 10.77 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 10.77 RCW
to read as follows:
(1) A person who timely offers a defense of insanity pursuant to
RCW 10.77.030 may be found "guilty and mentally ill" at trial if the
trier of fact finds that:
(a) The state has proven beyond a reasonable doubt that the
defendant is guilty of the crime charged;
(b) The defendant has failed to prove by a preponderance of the
evidence the asserted insanity defense; and
(c) The defendant or the state has proven by a preponderance of the
evidence that the defendant was mentally ill at the time of the
commission of the offense and that the symptoms of the defendant's
mental illness affected the defendant's decision making at the time of
the commission of the offense.
(2) A person who waives the right to trial may plead guilty and
mentally ill. No plea of guilty and mentally ill may be accepted by
the trial judge until the defendant has undergone examination by a
psychologist or psychiatrist and the judge has examined the
psychological or psychiatric report or reports, has held a hearing on
the issue of the defendant's mental condition, and is satisfied that
there is a factual basis that the defendant was mentally ill at the
time of the offense to which the plea is entered. If the trial judge
refuses to accept a plea of guilty and mentally ill, the defendant
shall be permitted to withdraw the plea.
(3) A person found guilty and mentally ill or whose plea of guilty
and mentally ill is accepted pursuant to subsection (2) of this section
may have any sentence imposed that may lawfully be imposed on any
person convicted of the same offense, including standard range or an
exceptional or mitigated sentence.
(4) The person shall be placed under the jurisdiction of the
department of corrections.
(5) For the purposes of this section, "mental illness" and
"mentally ill" means any organic, mental, or emotional impairment that
has substantial adverse effects on a person's cognitive or volitional
functions, but not rising to the level of insanity pursuant to RCW
9A.12.010.
Sec. 2 RCW 10.77.040 and 1998 c 297 s 33 are each amended to read
as follows:
Whenever the issue of insanity is submitted to the jury, the court
shall instruct the jury to return a special verdict in substantially
the following form:
Sec. 3 RCW 9.94A.501 and 2009 c 376 s 2 are each amended to read
as follows:
(1) The department shall supervise every offender convicted of a
misdemeanor or gross misdemeanor offense who is sentenced to probation
in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, for
an offense included in (a) and (b) of this subsection. The superior
court shall order probation for:
(a) Offenders convicted of fourth degree assault, violation of a
domestic violence court order pursuant to RCW 10.99.040, 10.99.050,
26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145,
and who also have a prior conviction for one or more of the following:
(i) A violent offense;
(ii) A sex offense;
(iii) A crime against a person as provided in RCW 9.94A.411;
(iv) Fourth degree assault; or
(v) Violation of a domestic violence court order; and
(b) Offenders convicted of:
(i) Sexual misconduct with a minor second degree;
(ii) Custodial sexual misconduct second degree;
(iii) Communication with a minor for immoral purposes; and
(iv) Failure to register pursuant to RCW 9A.44.130.
(2) Misdemeanor and gross misdemeanor offenders supervised by the
department pursuant to this section shall be placed on community
custody.
(3) The department shall supervise every felony offender sentenced
to community custody whose risk assessment, conducted pursuant to
subsection (6) of this section, classifies the offender as one who is
at a high risk to reoffend.
(4) Notwithstanding any other provision of this section, the
department shall supervise an offender sentenced to community custody
regardless of risk classification if the offender:
(a) Has a current conviction for a sex offense or a serious violent
offense as defined in RCW 9.94A.030;
(b) Has been identified by the department as a dangerous mentally
ill offender pursuant to RCW 72.09.370;
(c) Has an indeterminate sentence and is subject to parole pursuant
to RCW 9.95.017;
(d) Was sentenced under RCW 9.94A.650, 9.94A.660, or 9.94A.670;
((or))
(e) Is subject to supervision pursuant to RCW 9.94A.745; or
(f) Was found guilty and mentally ill under section 1 of this act.
(5) The department is not authorized to, and may not, supervise any
offender sentenced to a term of community custody or any probationer
unless the offender or probationer is one for whom supervision is
required under subsection (1), (2), (3), or (4) of this section.
(6) The department shall conduct a risk assessment for every felony
offender sentenced to a term of community custody who may be subject to
supervision under this section.