S-0177.3

SENATE BILL 5147

State of Washington

69th Legislature

2025 Regular Session

BySenators Torres, Dhingra, Frame, Harris, and Trudeau

Prefiled 01/07/25.Read first time 01/13/25.Referred to Committee on Law & Justice.

AN ACT Relating to reviewing laws related to criminal insanity and competency to stand trial; adding new sections to chapter 10.77 RCW; creating a new section; recodifying RCW 10.77.020, 10.77.027, 10.77.0942, 10.77.095, 10.77.097, 10.77.210, 10.77.230, 10.77.240, 10.77.250, 10.77.255, 10.77.260, 10.77.270, 10.77.275, 10.77.280, 10.77.300, 10.77.145, 10.77.163, 10.77.165, 10.77.205, 10.77.207, 10.77.060, 10.77.065, 10.77.070, 10.77.100, 10.77.025, 10.77.030, 10.77.040, 10.77.080, 10.77.091, 10.77.094, 10.77.110, 10.77.120, 10.77.132, 10.77.140, 10.77.150, 10.77.152, 10.77.155, 10.77.160, 10.77.170, 10.77.175, 10.77.180, 10.77.190, 10.77.195, 10.77.200, 10.77.220, 10.77.050, 10.77.068, 10.77.072, 10.77.074, 10.77.075, 10.77.079, 10.77.084, 10.77.0845, 10.77.086, 10.77.088, 10.77.0885, 10.77.089, 10.77.092, 10.77.093, 10.77.202, and 10.77.320; decodifying RCW 10.77.2101, 10.77.290, 10.77.310, 10.77.940, and 10.77.950; and providing an expiration date.

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

NEW SECTION. Sec. 1. (1)(a) A task force to review laws related to criminal insanity and competency to stand trial is established, with members as provided in this subsection.

(i) One member from each of the two largest caucuses of the senate, to be appointed by the president of the senate;

(ii) One member from each of the two largest caucuses of the house of representatives, to be appointed by the speaker of the house of representatives;

(iii) The secretary of the department of social and health services or the secretary's designee;

(iv) The secretary of the department of corrections or the secretary's designee;

(v) The director of the health care authority or the director's designee;

(vi) The Washington state attorney general or the attorney general's designee;

(vii) The director of the Washington state office of public defense or the director's designee; and

(viii) Seventeen members to be appointed by the department of social and health services meeting the descriptions identified in (a)(viii)(A) through (O) of this subsection:

(A) One member representing superior courts, to be designated by the Washington state superior court judges association;

(B) One member representing courts of limited jurisdiction, to be designated by the Washington state district and municipal courts judges association;

(D) One member representing trial-level criminal defense attorneys, to be designated by the Washington defender association;

(E) One member representing law enforcement, to be designated by the Washington association of sheriffs and police chiefs;

(F) One member representing the interests of victims, to be designated by the office of crime victims advocacy;

(G) One member designated by disability rights Washington;

(H) One member designated by the national alliance on mental illness Washington;

(I) An independent mental health professional with expertise in forensics;

(J) A representative of a medicaid managed care organization;

(K) A representative of county governments, to be designated by the Washington state association of counties;

(L) A representative of city governments, to be designated by the association of Washington cities;

(M) A representative of western state hospital;

(N) A representative of eastern state hospital; and

(O) Three individuals with direct lived experience of the forensic mental health system, including at least one person who is a former competency restoration patient and at least one person with experience of commitment related to criminal insanity.

(b) The task force shall choose its cochairs from among its membership. The department of social and health services shall convene the initial meeting of the task force.

(2) The task force shall undertake the following tasks:

(a) A comprehensive review of the laws in chapter 10.77 RCW to modernize and clean up issues that present barriers to administration, public safety, consistency, fairness, efficiency, and comprehension by victims, committed individuals, families, and the courts;

(b) Consider potential terminology and language changes to promote patient-centered language, improve coherence between legal and medical terminology, reduce stigma, and improve understanding of the competency evaluation process; and

(c) Make recommendations concerning law changes that would remove barriers to diversion, promote effective treatment, and increase services that would facilitate safe and responsible hospital discharges.

(3) The task force may form subcommittees to assist its work. The task force may contract with additional persons with specific technical expertise if necessary to carry out the mandates of the study. Such contracts may only be entered if an appropriation is specifically provided for this purpose.

(4) Staff support for the task force must be provided by the department of social and health services. Senate committee services and the office of program research shall provide staff support for the legislative members of the task force. The department of social and health services must provide reporting under RCW 43.18A.030.

(5) Legislative members of the task force are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for other nonlegislative members is subject to chapter 43.03 RCW.

(6) The task force shall report its findings and recommendations to the governor and the appropriate committees of the legislature by December 1, 2026.

(7) This section expires June 30, 2027.

NEW SECTION. Sec. 2. (1) The code reviser shall recodify, as necessary, the following sections of chapter 10.77 RCW in the following order within chapter 10.77 RCW, using the indicated chapter headings:

General

RCW 10.77.020

RCW 10.77.027

RCW 10.77.0942

RCW 10.77.095

RCW 10.77.097

RCW 10.77.210

RCW 10.77.230

RCW 10.77.240

RCW 10.77.250

RCW 10.77.255

RCW 10.77.260