Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Judiciary Committee |
ESB 5221
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Title: An act relating to notification of release of a person following dismissal of charges based on incompetence to stand trial.
Brief Description: Requiring notification of release of a person following dismissal of charges based on incompetence to stand trial.
Sponsors: Senators Kohl-Welles, Carrell and Darneille.
Brief Summary of Engrossed Bill |
|
Hearing Date: 3/14/13
Staff: Edie Adams (786-7180).
Background:
In a criminal case, a court may require a competency evaluation of a defendant who may be incompetent to stand trial. A person is incompetent if the person, as a result of a mental disease or defect, lacks the capacity to understand the nature of the criminal proceedings or to assist in his or her own defense.
If a person is found incompetent to stand trial, the court must stay the criminal proceedings and, depending on the charged offense, either order a period of treatment for restoration of competency, or dismiss the charges without prejudice. If a defendant cannot be restored to competency within specified time periods, the criminal case must be dismissed without prejudice.
When a defendant's criminal charges are dismissed due to lack of competency, the defendant is evaluated for potential civil commitment under the Involuntary Treatment Act (ITA). If a felony or serious non-felony offense is dismissed due to the incompetency of the defendant, the defendant is transported to a state hospital or other evaluation and treatment facility for 72 hours for a civil commitment evaluation. The state may file a petition for a civil commitment for a period of up to 90 days or 180 days, depending on the underlying dismissed criminal charge.
A person may be civilly committed under the ITA if the person, as a result of a mental disorder, presents a substantial likelihood of serious harm, or is gravely disabled. A person whose felony charges have been dismissed based on incompetency to stand trial may be committed under the ITA for a period of up to 180 days if the petitioner can prove by clear, cogent, and convincing evidence that the person committed acts constituting a felony, and as a result of a mental disorder, the person presents a substantial likelihood of repeating similar acts.
A person whose criminal charges were dismissed based on incompetency, and who does not meet the standards for civil commitment, will be released. If the underlying charge was a misdemeanor, the evaluator must forward the recommendation for release without a petition for civil commitment to the superior court of the county in which the criminal charge was dismissed for review by the court.
Summary of Bill:
A facility conducting a civil commitment evaluation of a person whose felony or serious non-felony charges were dismissed due to incompetency to stand trial must notify the prosecutor and the defense attorney within 24 hours if the facility makes a determination to release the person and not file a petition for civil commitment.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.