BILL REQ. #:  S-3614.1 

Read first time 01/18/10.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to the establishment of the psychiatric security review board to supervise persons acquitted by reason of insanity; amending RCW 10.77.110, 10.77.010, 10.77.120, 10.77.170, and 71.09.030; adding new sections to chapter 10.77 RCW; and repealing RCW 10.77.140, 10.77.150, 10.77.155, 10.77.160, 10.77.180, 10.77.190, and 10.77.200.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 10.77.110 and 2000 c 94 s 14 are each amended to read as follows:
     (1) If a defendant is acquitted of a crime by reason of insanity, and it is found that he or she is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, the court shall direct the defendant's release.
     (2) If it is found that such defendant is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, the court shall order ((his or her)) that the defendant be placed under the jurisdiction of the psychiatric security review board for supervision of the care and treatment of the defendant for a period of jurisdiction equal to the maximum sentence provided by statute for the crime for which the person was acquitted by reason of insanity. The court shall commit the defendant to the custody of the secretary with an order for the hospitalization((, or any appropriate alternative treatment less restrictive than detention in a state mental hospital, pursuant to the terms of this chapter.
     (2) If the defendant has been found not guilty by reason of insanity and a substantial danger, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, so as to require treatment then the secretary shall immediately cause the defendant to be evaluated to ascertain if the defendant is developmentally disabled. When appropriate, and subject to available funds, the defendant may be committed to a program specifically reserved for the treatment and training of developmentally disabled persons. A person so committed shall receive habilitation services according to an individualized service plan specifically developed to treat the behavior which was the subject of the criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others trained specifically in the needs of developmentally disabled persons. The treatment program shall provide physical security to a degree consistent with the finding that the defendant is dangerous and may incorporate varying conditions of security and alternative sites when the dangerousness of any particular defendant makes this necessary. The department may limit admissions to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services. The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department)) of the defendant.
     (3) If it is found that such defendant is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, but that he or she is in need of control by the court or other persons or institutions, the court shall order that the defendant be placed under the jurisdiction of the psychiatric security review board for supervision of the care and treatment of the defendant for a period of jurisdiction equal to the maximum sentence provided by statute for the crime for which the person was acquitted by reason of insanity, and shall direct the defendant's conditional release.
     (4) Whenever the court orders a defendant to be placed under the jurisdiction of the psychiatric security review board, it shall make specific findings on whether there is a victim of the crime for which the defendant has been acquitted by reason of insanity and, if so, whether the victim wishes to be notified of any psychiatric security review board hearings concerning the defendant and of any conditional release, discharge, or escape of the defendant. The court shall include such findings in its order, and notify the psychiatric security review board in writing of its orders and findings concerning the defendant.

NEW SECTION.  Sec. 2   A new section is added to chapter 10.77 RCW to read as follows:
     (1) The psychiatric security review board shall consist of five members appointed by the governor with the consent of the senate. The board shall be affiliated with the indeterminate sentence review board under chapter 9.95 RCW, and may share administrative resources with same, or employ and administer its own employees or resources with the approval of the governor. The board members are distinct from the members of the indeterminate sentence review board, as provided in this chapter.
     (2) The membership of the board may not include any prosecuting attorney, deputy prosecuting attorney, or public defender. The governor shall appoint:
     (a) A psychiatrist experienced in the criminal justice system and not otherwise employed on a full-time basis by the department or a community mental health or developmental disabilities program;
     (b) A licensed psychologist experienced in the criminal justice system and not otherwise employed on a full-time basis by the department or a community mental health or developmental disabilities program;
     (c) A member with substantial experience in the processes of community supervision, probation, and parole;
     (d) A lawyer with substantial experience in criminal trial practice; and
     (e) A member of the general public.
     (3) The term of office of each member is four years, and shall expire on April 15th of the expiration year. The governor at any time may remove any member for inefficiency, neglect of duty, or malfeasance in office. Before the expiration of the term of a member, the governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the governor shall make an appointment to become immediately effective for the unexpired term.
     (4) The governor may provide for compensation for expenses incurred by members of the board during the discharge of the members' duties and may provide for salaries of board members consistently with the provisions of chapter 43.03 RCW.
     (5) The board shall select one of its members as chairperson to serve for a one-year term with such duties and powers as the panel determines. A majority of the voting members of the board constitutes a quorum for the transaction of business of the board.
     (6) The board shall meet at state hospitals or at other places determined by the board at such times as may be necessary to conduct its business. The superintendents of the state hospitals shall upon request provide suitable quarters for the board and assistants while in the discharge of its duties. A meeting of the board may be called by the chairperson, or by a majority of the members of the board.

NEW SECTION.  Sec. 3   A new section is added to chapter 10.77 RCW to read as follows:
     No person committed by the court under RCW 10.77.110 to a state hospital under the jurisdiction of the psychiatric security review board shall be held in the hospital or facility for more than ninety days from the date of the court's commitment order without an initial hearing before the board to determine whether the person should be conditionally released or discharged.

NEW SECTION.  Sec. 4   A new section is added to chapter 10.77 RCW to read as follows:
     (1) If the psychiatric security review board finds, upon its initial hearing, that the person presents a substantial danger to others or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security and is not a proper subject for conditional release, the board shall order the person committed to the custody of the secretary for a period of treatment at a state hospital. The period of commitment ordered by the board may not exceed the maximum sentence provided by statute for the crime for which the person was acquitted by reason of insanity.
     (2) If at any time after the commitment of a person under the jurisdiction of the board to a state hospital the superintendent of the hospital is of the opinion that the person is no longer affected by mental disease or defect, or, if so affected, no longer presents a substantial danger to others or a substantial likelihood of committing criminal acts jeopardizing public safety or security, or that the person continues to be affected by mental disease or defect and continues to present a substantial danger to others or a substantial likelihood of committing criminal acts jeopardizing public safety or security, but that the person can be controlled with proper care, medication, supervision, and treatment if conditionally released, the superintendent shall apply to the board for an order of discharge or conditional release. The application shall be accompanied by a report setting forth the facts supporting the opinion of the superintendent, and copies shall be served upon the attorney general. If the application is for conditional release, the application must also be accompanied by a verified conditional release plan. The board shall hold a hearing on the application within sixty days of its receipt.
     (3) The attorney representing the state may choose a psychiatrist or licensed psychologist to examine the person prior to any decision by the board on discharge or conditional release. The results of the examination shall be in writing and filed with the board, and shall include, but need not be limited to, an opinion as to the mental condition of the person, whether the person presents a substantial danger to others or a substantial likelihood of committing criminal acts jeopardizing public safety or security, and whether the person could be adequately controlled with treatment as a condition of release.
     (4) Any person under the jurisdiction of the board who has been committed to a state hospital may apply to the board for an order of discharge or conditional release upon the grounds:
     (a) That the person is no longer affected by mental disease or defect;
     (b) If so affected, that the person no longer presents a substantial danger to others or a substantial likelihood of committing criminal acts jeopardizing public safety or security; or
     (c) That the person continues to be affected by a mental disease or defect and would continue to present a substantial danger to others or a substantial likelihood of committing criminal acts jeopardizing public safety or security without treatment, but that the person can be adequately controlled and given proper care and treatment if placed on conditional release.
     (5) When application is made under subsection (4) of this section, the board shall require that a report from the superintendent of the hospital or the director of the secure intensive community inpatient facility be prepared and transmitted as provided in subsection (2) of this section. The applicant must prove by a preponderance of the evidence the applicant's fitness for discharge or conditional release under the standards of subsection (4) of this section, unless more than two years have passed since the state had the burden of proof on that issue, in which case the state shall have the burden of proving by a preponderance of the evidence the applicant's lack of fitness for discharge or conditional release. Applications for discharge or conditional release under subsection (4) of this section shall not be filed more often than once every six months commencing with the date of the initial board hearing.
     (6) The board is not required to hold a hearing on a first application under subsection (4) of this section any sooner than ninety days after the initial hearing. However, hearings resulting from any subsequent requests shall be held within sixty days of the filing of the application.
     (7) In no case shall a person be held pursuant to this section for a period of time exceeding two years without a hearing before the board to determine whether the person should be conditionally released or discharged.

NEW SECTION.  Sec. 5   A new section is added to chapter 10.77 RCW to read as follows:
     (1) The psychiatric security review board may order conditional release of a person under its jurisdiction if it determines after a hearing that (a) the person presents a substantial danger to other persons or a substantial likelihood of committing criminal acts jeopardizing public safety or security; (b) this danger can be adequately controlled with supervision and treatment; and (c) necessary supervision and treatment are available to the person upon conditional release. The board may impose such conditions as are in the best interests of justice, the protection of society, and the welfare of the person.
     (i) If the order of conditional release includes a requirement for the committed person to report to a community corrections officer, the order shall also specify that the conditionally released person shall be under the supervision of the secretary of corrections or designee and shall follow explicitly the instructions of the secretary of corrections including reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, and notifying the community corrections officer prior to making any change in the person's address or employment.
     (ii) When a conditionally released person is required by the terms of his or her conditional release to report to a physician, department of corrections community corrections officer, or medical or mental health practitioner on a regular or periodic basis, the physician, department of corrections community corrections officer, medical or mental health practitioner, or other such person shall monthly, for the first six months after release and semiannually thereafter, or as otherwise directed by the board, submit to the board and the secretary a report describing the progress of the person and stating whether the person is adhering to the terms and conditions of his or her conditional release. In addition to this report, a physician or medical or mental health practitioner shall immediately report a failure by the person to appear for required medication or treatment to the supervising community corrections officer and the board.
     (2) If at any time while the person is under the jurisdiction of the board it appears to the board or its chairperson that the person has violated the terms of the conditional release or that the mental health of the individual has changed, the board or its chairperson may order the person returned for evaluation or treatment to a state hospital designated by the secretary. A written order of the board, or its chairperson on behalf of the board, is sufficient warrant for any law enforcement officer to take into custody such person and transport the person accordingly. The board shall conduct a hearing within twenty days following the return of the person into custody. Notice of the time and place of the hearing shall be given to the person, his or her counsel, and the attorney general. Following hearing, the board may continue the person on the same or modified terms of conditional release or, if it finds by a preponderance of the evidence that the person is affected by mental disease or defect and presents substantial danger to other persons or a substantial likelihood of committing criminal acts jeopardizing public safety or security and cannot be adequately controlled if conditional release is continued, it may order the person committed to the custody of the secretary for further treatment. The burden of proof to demonstrate the person's unfitness for conditional release is on the state. A person in custody pursuant to this subsection has the same rights as any person appearing before the board under section 6 of this act.
     (3) Any person responsible for the supervision of a person on conditional release, any peace officer, or the secretary may take a person on conditional release into custody or request that the person be taken into custody if there is reasonable cause to believe the person is a substantial danger to others because of mental disease or defect and that the person is in need of immediate care, custody, or treatment. Any person taken into custody pursuant to this subsection shall be transported as soon as practicable to a state hospital and the secretary shall provide notice to the board. A person taken into custody under this subsection has the same rights as any person appearing before the board under section 6 of this act.
     (4)(a) Any person conditionally released under this section may apply to the board for discharge from or modification of an order of conditional release on the ground that the person is no longer affected by mental disease or defect or, if still so affected, no longer presents a substantial danger to others or a substantial likelihood of committing criminal acts jeopardizing public safety or security. Notice of the hearing on an application for discharge or modification of an order of conditional release shall be made to the attorney general. The board shall schedule a hearing within forty-five days, and shall not continue the hearing except for good cause. The applicant, at the hearing pursuant to this subsection, must prove by a preponderance of the evidence the applicant's fitness for discharge or modification of the order of conditional release. Applications by the person for discharge or modification of conditional release shall not be filed more often than once every six months.
     (b) Any person or agency responsible for supervision or treatment pursuant to an order of conditional release may apply to the board for a modification or discharge of an order of conditional release. The application shall be accompanied by a report setting forth the facts supporting the application. The board shall conduct a hearing to determine if the conditions of release shall be continued, modified, or terminated.
     (5) Any person who has been placed under the jurisdiction of the board and who has spent five years on conditional release shall be brought before the board for hearing within thirty days of the expiration of the five-year period. The board shall review the person's status and determine whether the person should be discharged from the jurisdiction of the board.
     (6) The total period of commitment and conditional release ordered pursuant to this section may not exceed the maximum sentence provided by statute for the crime for which the person was found guilty except for insanity.
     (7) Copies of all reports submitted to the board pursuant to this section shall be furnished upon request to the person and the person's counsel.
     (8) For purposes of this section, a person affected by a mental disease or defect in a state of remission is considered to have a mental disease or defect requiring supervision when the disease may, with reasonable medical probability, occasionally become active and, when active, render the person a danger to others. The person may be continued on conditional release by the board as provided in this section.
     (9) In determining whether a person should be committed to a state hospital or to a secure intensive community inpatient facility, conditionally released, or discharged, the board shall have as its primary concern the protection of society.
     (10) The board shall maintain and keep current the medical, social, and criminal history of all persons committed to its jurisdiction.

NEW SECTION.  Sec. 6   A new section is added to chapter 10.77 RCW to read as follows:
     (1) The psychiatric security review board shall conduct hearings upon any application for discharge, conditional release, commitment, or modification under sections 3 through 5 of this act.
     (2) At any time, the board may appoint a psychiatrist or licensed psychologist to examine a person under the jurisdiction of the board and to submit a report to the board. Reports filed with the board pursuant to the examination shall include, but need not be limited to, an opinion as to the mental condition of the person and whether the person presents a substantial danger to others or a substantial likelihood of committing criminal acts jeopardizing public safety or security, and whether the person can be adequately controlled with treatment as a condition of release. To facilitate the examination of the person, the board may order the person placed in the temporary custody of a state hospital.
     (3) The board may make the determination regarding discharge or conditional release based upon the written reports submitted pursuant to this section or section 3 of this act. If any member of the board desires further information from the examining psychiatrist or licensed psychologist who submitted the report, these persons shall be summoned by the board to give testimony. The board shall consider all evidence available to it which is material, relevant, and reliable regarding the issues before the board. Such evidence may include but is not limited to the record of trial, the information supplied by the attorney representing the state, or by any other interested party, including the person, and information concerning the person's mental condition and the entire psychiatric and criminal history of the person. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible at hearings. Testimony from witnesses shall be taken under oath or affirmation.
     (4) The board shall furnish written notice of any hearing under this section to the person who is the subject of the hearing, his or her attorney, the attorney general, the prosecuting attorney of the county from which the person was committed, and any victims of the crime for which the person was acquitted by reason of insanity who have requested to receive such notice within a reasonable time prior to the hearing. The notice shall include:
     (a) The time, place, and location of the hearing;
     (b) The nature of the hearing and the specific action for which a hearing has been requested, the issues to be considered at the hearing, and a reference to the particular sections of the statutes and rules involved;
     (c) A statement of the authority and jurisdiction under which the hearing is to be held;
     (d) A statement of all rights under subsection (5) of this section.
     (5) At the hearing, the person about whom the hearing is being held shall have the right to:
     (a) Appear at all proceedings held pursuant to this section, except board deliberations;
     (b) Cross-examine all witnesses appearing to testify at the hearing;
     (c) Subpoena witnesses and documents;
     (d) Be represented by legal counsel, and to have counsel appointed if financially eligible;
     (e) Examine all information, documents, and reports which the board considers. If then available to the board, the information, documents, and reports shall be disclosed to counsel for the person prior to the hearing so as to allow examination.
     (6) A record shall be kept of all hearings before the board, except board deliberations.
     (7) Upon request of any party before the board, or on its own motion, the board may continue a hearing for a reasonable period not to exceed sixty days to obtain additional information or testimony or for other good cause shown.
     (8) Within fifteen days following the conclusion of the hearing, the board shall provide to the person, his or her counsel, and the counsel representing the state written notice of the board's decision.
     (9) The burden of proof on all issues at hearings of the board shall be by a preponderance of the evidence.
     (10) The attorney general may represent the state at contested hearings before the board unless the prosecuting attorney of the county from which the person was committed elects to represent the state. The prosecuting attorney of the county from which the person was committed shall cooperate with the attorney general in securing the material necessary for presenting a contested hearing before the board. If the prosecuting attorney elects to represent the state, the prosecuting attorney shall give timely written notice of such election to the attorney general, the board, and the attorney representing the person.
     (11) When a person over whom the board exercises its jurisdiction is adversely affected or aggrieved by a final order of the board, the person is entitled to judicial review of the final order. The person is entitled counsel on judicial review. Petition for review must be filed at the court of appeals within sixty days of the order for which review is sought. The board shall submit to the court the record of the proceeding or, if the person agrees, a shortened record. Filing of a petition for review does not stay the panel's order, but the panel or the court of appeals may order a stay upon application on such terms as are deemed proper.

NEW SECTION.  Sec. 7   A new section is added to chapter 10.77 RCW to read as follows:
     (1) Upon request of any party to a hearing before the board, the board or its designated representatives shall issue, or the board on its own motion may issue, a subpoena requiring the attendance and testimony of witnesses.
     (2) Upon request of any party to the hearing before the board and upon a proper showing of the general relevance and reasonable scope of the documentary or physical evidence sought, the board or its designated representative shall issue, or the board on its own motion may issue, a subpoena duces tecum.
     (3) If any person fails to comply with a subpoena issued under subsection (1) or (2) of this section or any party or witness refuses to testify regarding any matter on which the party or witness may be lawfully interrogated, the judge of the superior court of any county, on the application of the board or its designated representative or of the party requesting the issuance of the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued by the court.
     (4) If any person, agency, or facility fails to comply with an order of the board issued pursuant to subsection (2) of this section, the judge of a superior court of any county, on application of the board or its designated representative, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of an order issued by the court.

NEW SECTION.  Sec. 8   A new section is added to chapter 10.77 RCW to read as follows:
     In addition to persons committed to its jurisdiction under RCW 10.77.110, the board shall assume jurisdiction over all persons who are currently or hereafter become committed to a state hospital for inpatient treatment pursuant to a judgment of acquittal by reason of insanity entered before the effective date of this section. Persons acquitted by reason of insanity who have been conditionally released under court supervision as of the effective date of this section shall remain under court supervision until their conditional release expires or is revoked or terminated by the court.

NEW SECTION.  Sec. 9   A new section is added to chapter 10.77 RCW to read as follows:
     The superintendent of a state hospital shall notify the board at the earliest practicable time of any escape or proposed furlough or change of status that would allow unescorted grounds privileges for any person within the jurisdiction of the board.

Sec. 10   RCW 10.77.010 and 2005 c 504 s 106 are each amended to read as follows:
     As used in this chapter:
     (1) "Admission" means acceptance based on medical necessity, of a person as a patient.
     (2) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less-restrictive setting.
     (3) "Conditional release" means modification of a ((court-ordered)) commitment, which may be revoked upon violation of any of its terms.
     (4) A "criminally insane" person means any person who has been acquitted of a crime charged by reason of insanity, and thereupon found to be a substantial danger to other persons or to present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions.
     (5) "Department" means the state department of social and health services.
     (6) "Designated mental health professional" has the same meaning as provided in RCW 71.05.020.
     (7) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter, pending evaluation.
     (8) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.
     (9) "Developmental disability" means the condition as defined in RCW 71A.10.020(3).
     (10) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order.
     (11) "Furlough" means an authorized leave of absence for a resident of a state institution operated by the department designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release from the court under this chapter, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or institutional staff, while on such unescorted leave.
     (12) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct.
     (13) "History of one or more violent acts" means violent acts committed during: (a) The ten-year period of time prior to the filing of criminal charges; plus (b) the amount of time equal to time spent during the ten-year period in a mental health facility or in confinement as a result of a criminal conviction.
     (14) "Incompetency" means a person lacks the capacity to understand the nature of the proceedings against him or her or to assist in his or her own defense as a result of mental disease or defect.
     (15) "Indigent" means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to the person or his or her family.
     (16) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:
     (a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
     (b) The conditions and strategies necessary to achieve the purposes of habilitation;
     (c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
     (d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
     (e) The staff responsible for carrying out the plan;
     (f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual release, and a projected possible date for release; and
     (g) The type of residence immediately anticipated for the person and possible future types of residences.
     (17) "Professional person" means:
     (a) A psychiatrist licensed as a physician and surgeon in this state who has, in addition, completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry;
     (b) A psychologist licensed as a psychologist pursuant to chapter 18.83 RCW; or
     (c) A social worker with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.
     (18) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness.
     (19) "Release" means legal termination of the court-ordered commitment under the provisions of this chapter.
     (20) "Secretary" means the secretary of the department of social and health services or his or her designee.
     (21) "Treatment" means any currently standardized medical or mental health procedure including medication.
     (22) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.
     (23) "Violent act" means behavior that: (a)(i) Resulted in; (ii) if completed as intended would have resulted in; or (iii) was threatened to be carried out by a person who had the intent and opportunity to carry out the threat and would have resulted in, homicide, nonfatal injuries, or substantial damage to property; or (b) recklessly creates an immediate risk of serious physical injury to another person. As used in this subsection, "nonfatal injuries" means physical pain or injury, illness, or an impairment of physical condition. "Nonfatal injuries" shall be construed to be consistent with the definition of "bodily injury," as defined in RCW 9A.04.110.
     (24) "Board" means the psychiatric security review board.

Sec. 11   RCW 10.77.120 and 2000 c 94 s 15 are each amended to read as follows:
     (1) The secretary shall ((forthwith)) provide adequate care and individualized treatment for persons committed as criminally insane at one or several of the state institutions or facilities under his or her direction and control ((wherein persons committed as criminally insane may be confined. Such persons shall be under the custody and control of the secretary to the same extent as are other persons who are committed to the secretary's custody, but such provision shall be made for their control, care, and treatment as is proper in view of their condition. In order that the secretary may adequately determine the nature of the mental illness or developmental disability of the person committed to him or her as criminally insane, and in order for)). Any person so committed shall not be released from the control of the secretary except upon order by the psychiatric security review board or a court of competent jurisdiction.
     (2) The secretary ((to place such individuals in a proper facility,)) shall order immediate evaluation of all persons who are committed to the custody of the secretary as criminally insane ((shall be promptly examined)) by qualified personnel ((in such a manner as to provide a proper evaluation and diagnosis of such individual)).
     (a) The examinations of all ((developmentally disabled)) persons with developmental disabilities committed under this chapter shall be performed by developmental disabilities professionals. ((Any person so committed shall not be released from the control of the secretary save upon the order of a court of competent jurisdiction made after a hearing and judgment of release.
     Whenever there is a hearing which the committed person is entitled to attend, the secretary shall send him or her in the custody of one or more department employees to the county where the hearing is to be held at the time the case is called for trial. During the time the person is absent from the facility, he or she shall be confined in a facility designated by and arranged for by the department, and shall at all times be deemed to be in the custody of the department employee and provided necessary treatment. If the decision of the hearing remits the person to custody, the department employee shall forthwith return the person to such institution or facility designated by the secretary. If the state appeals an order of release, such appeal shall operate as a stay, and the person in custody shall so remain and be forthwith returned to the institution or facility designated by the secretary until a final decision has been rendered in the cause.))
     (b) When appropriate, and subject to available funds, the secretary may place the defendant in a program specifically reserved for the treatment and training of persons with developmental disabilities. A person so committed shall receive habilitation services according to an individualized service plan specifically developed to treat the behavior which was the subject of the criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others trained specifically in the needs of persons with developmental disabilities. The treatment program shall provide appropriate physical security and may incorporate varying conditions of security and alternative sites when the dangerousness of any particular defendant makes this necessary. The department may limit admissions to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services. The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.
     (c) Whenever the psychiatric security review board requires the preparation of a predischarge or preconditional release plan before a hearing or as a condition of granting discharge or conditional release for a person committed to a state hospital under RCW 10.77.110 or section 5 of this act, the department is responsible for and shall prepare the plan. In preparing a conditional release plan, the department shall act to ensure the maximum amount of federal financial participation in the supervision and treatment of persons under board jurisdiction, and shall pursue any necessary amendments to the medicaid state plan in furtherance of this end.

Sec. 12   RCW 10.77.170 and 1973 1st ex.s. c 117 s 17 are each amended to read as follows:
     As funds are available, the secretary may provide payment to a person conditionally released pursuant to ((RCW 10.77.150)) section 5 of this act, consistent with the provisions of RCW 72.02.100 and 72.02.110, and may adopt rules and regulations to do so.

Sec. 13   RCW 71.09.030 and 2009 c 409 s 3 are each amended to read as follows:
     (1) A petition may be filed alleging that a person is a sexually violent predator and stating sufficient facts to support such allegation when it appears that: (a) A person who at any time previously has been convicted of a sexually violent offense is about to be released from total confinement; (b) a person found to have committed a sexually violent offense as a juvenile is about to be released from total confinement; (c) a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial is about to be released, or has been released, pursuant to RCW 10.77.086(4); (d) a person who has been found not guilty by reason of insanity of a sexually violent offense is about to be released, or has been released, pursuant to RCW 10.77.020(3), 10.77.110 (1) or (3), or ((10.77.150)) section 5 of this act; or (e) a person who at any time previously has been convicted of a sexually violent offense and has since been released from total confinement and has committed a recent overt act.
     (2) The petition may be filed by:
     (a) The prosecuting attorney of a county in which:
     (i) The person has been charged or convicted with a sexually violent offense;
     (ii) A recent overt act occurred involving a person covered under subsection (1)(e) of this section; or
     (iii) The person committed a recent overt act, or was charged or convicted of a criminal offense that would qualify as a recent overt act, if the only sexually violent offense charge or conviction occurred in a jurisdiction other than Washington; or
     (b) The attorney general, if requested by the county prosecuting attorney identified in (a) of this subsection. If the county prosecuting attorney requests that the attorney general file and prosecute a case under this chapter, then the county shall charge the attorney general only the fees, including filing and jury fees, that would be charged and paid by the county prosecuting attorney, if the county prosecuting attorney retained the case.

NEW SECTION.  Sec. 14   The following acts or parts of acts are each repealed:
     (1) RCW 10.77.140 (Periodic examinations -- Developmentally disabled -- Reports -- Notice to court) and 1998 c 297 s 40, 1989 c 420 s 8, 1974 ex.s. c 198 s 12, & 1973 1st ex.s. c 117 s 14;
     (2) RCW 10.77.150 (Conditional release -- Application -- Order--Procedure) and 1998 c 297 s 41, 1993 c 31 s 6, 1982 c 112 s 1, 1974 ex.s. c 198 s 13, & 1973 1st ex.s. c 117 s 15;
     (3) RCW 10.77.155 (Conditional release, furlough -- Secretary's recommendation) and 1994 c 150 s 1;
     (4) RCW 10.77.160 (Conditional release -- Reports) and 1993 c 31 s 7 & 1973 1st ex.s. c 117 s 16;
     (5) RCW 10.77.180 (Conditional release -- Periodic review of case) and 1998 c 297 s 42, 1993 c 31 s 9, 1974 ex.s. c 198 s 14, & 1973 1st ex.s. c 117 s 18;
     (6) RCW 10.77.190 (Conditional release -- Revocation or modification of terms -- Procedure) and 1998 c 297 s 43, 1993 c 31 s 10, 1982 c 112 s 2, 1974 ex.s. c 198 s 15, & 1973 1st ex.s. c 117 s 19; and
     (7) RCW 10.77.200 (Release -- Procedure) and 2000 c 94 s 16, 1998 c 297 s 44, 1993 c 31 s 11, 1989 c 420 s 11, 1983 c 25 s 2, 1974 ex.s. c 198 s 16, & 1973 1st ex.s. c 117 s 20.