| Passed by the House April 14, 2011 Yeas 97 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 12, 2011 Yeas 45 BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1718 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved May 3, 2011, 2:39 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 4, 2011 Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/25/11.
AN ACT Relating to offenders with developmental disabilities or traumatic brain injuries; amending RCW 2.28.180; and adding a new section to chapter 70.48 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 2.28.180 and 2005 c 504 s 501 are each amended to read
as follows:
(1) Counties may establish and operate mental health courts.
(2) For the purposes of this section, "mental health court" means
a court that has special calendars or dockets designed to achieve a
reduction in recidivism and symptoms of mental illness among
nonviolent, ((mentally ill)) felony and nonfelony offenders with mental
illnesses and recidivism among nonviolent felony and nonfelony
offenders who have developmental disabilities as defined in RCW
71A.10.020 or who have suffered a traumatic brain injury by increasing
their likelihood for successful rehabilitation through early,
continuous, and intense judicially supervised treatment including drug
treatment for persons with co-occurring disorders; mandatory periodic
reviews, including drug testing if indicated; and the use of
appropriate sanctions and other rehabilitation services.
(3)(a) Any jurisdiction that seeks a state appropriation to fund a
mental health court program must first:
(i) Exhaust all federal funding that is available to support the
operations of its mental health court and associated services; and
(ii) Match, on a dollar-for-dollar basis, state moneys allocated
for mental health court programs with local cash or in-kind resources.
Moneys allocated by the state must be used to supplement, not supplant,
other federal, state, and local funds for mental health court
operations and associated services.
(b) Any county that establishes a mental health court pursuant to
this section shall establish minimum requirements for the participation
of offenders in the program. The mental health court may adopt local
requirements that are more stringent than the minimum. The minimum
requirements are:
(i) The offender would benefit from psychiatric treatment or
treatment related to his or her developmental disability or traumatic
brain injury;
(ii) The offender has not previously been convicted of a serious
violent offense or sex offense as defined in RCW 9.94A.030; and
(iii) Without regard to whether proof of any of these elements is
required to convict, the offender is not currently charged with or
convicted of an offense:
(A) That is a sex offense;
(B) That is a serious violent offense;
(C) During which the defendant used a firearm; or
(D) During which the defendant caused substantial or great bodily
harm or death to another person.
NEW SECTION. Sec. 2 A new section is added to chapter 70.48 RCW
to read as follows:
When a jail has determined that a person in custody has or may have
a developmental disability as defined in RCW 71A.10.020 or a traumatic
brain injury, upon transfer of the person to a department of
corrections facility or other jail facility, every reasonable effort
shall be made by the transferring jail staff to communicate to
receiving staff the nature of the disability, as determined by the jail
and any necessary accommodation for the person as identified by the
transferring jail staff.