BILL REQ. #:  S-1825.3 

READ FIRST TIME 03/01/13.   

     AN ACT Relating to competency to stand trial evaluations; adding a new section to chapter 10.77 RCW; and providing an expiration date.

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) If, at the time of a referral for an evaluation of competency to stand trial in a jail for an in-custody defendant, the department has not met its performance target for timely completion of competency evaluations under RCW 10.77.068(1)(a)(ii) during the most recent quarter in fifty percent of cases submitted by the referring county, as documented in the most recent quarterly report under RCW 10.77.068(3) or confirmed by records maintained by the department, the state shall reimburse the county for the cost of appointing a qualified expert or professional person under RCW 10.77.060(1)(a) as provided in this section.
     (2) Appointment of a qualified expert or professional person under this section must be from a list of qualified experts or professional persons assembled with participation by representatives of the prosecuting attorney and the defense bar of the county.
     (3) A qualified expert or professional person appointed by a court for an indigent person under this section must be compensated for competency evaluations in an amount that will encourage in-depth evaluation reports. The department must reimburse the county in an amount determined by the department to be fair and reasonable with the county paying any excess costs. The amount of reimbursement established by the department must at least meet the equivalent amount for evaluations conducted by the department.
     (4) Nothing in this section precludes either party from objecting to the appointment of an evaluator on the basis that an inpatient evaluation is appropriate under RCW 10.77.060(1)(d).
     (5) This section expires June 30, 2016.