BILL REQ. #:  S-0889.1 

Read first time 01/31/13.   Referred to Committee on Law & Justice.

     AN ACT Relating to prohibiting possession of firearms for persons participating in mental health court; and amending RCW 2.28.180.

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

Sec. 1   RCW 2.28.180 and 2011 c 236 s 1 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, felony and nonfelony ((offenders)) defendants with mental illnesses and recidivism among nonviolent felony and nonfelony ((offenders)) defendants 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)) defendants 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)) defendant would benefit from psychiatric treatment or treatment related to his or her developmental disability or traumatic brain injury;
     (ii) The ((offender)) defendant 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)) defendant 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; and
     (iv) During the pendency of the defendant's participation in mental health court, the defendant agrees to refrain from the possession of a firearm and surrender any concealed pistol license in the defendant's possession.