SENATE BILL REPORT

HB 1903

BYRepresentatives Todd and Crane

Providing commitment proceedings for certain persons with developmental disabilities.

House Committe on Health Care

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):February 23, 1988

Senate Staff:Dee Knapp (786-7452)

AS OF FEBRUARY 24, 1988

BACKGROUND:

There is no civil commitment process for persons with developmental disabilities who are dangerous to others and have committed violent crimes.

A developmental disability includes an indefinite neurological condition related to mental retardation which constitutes a substantial handicap, originating before the individual attains 18 years of age.

SUMMARY:

The Department of Social and Health Services is required to prepare a plan for implementing a civil commitment act for persons who are developmentally disabled and who constitute a substantial risk of serious bodily harm to others.  The plan is to be submitted to the legislature by December 1, 1988.

Persons with developmental disabilities are subject to the procedures for involuntary civil commitment where they have done a serious, violent criminal act provable beyond a reasonable doubt; they have been found incompetent to stand trial or criminally insane by a court; and they pose a substantial risk of serious bodily harm to others by clear, cogent and convincing evidence.

If ordered by a court, the department is required to determine whether the person has a developmental disability and develop an "individual habilitation plan" to render the person competent.  If the person cannot be rendered competent and it is proved beyond a reasonable doubt that the person committed murder, manslaughter, assault, kidnapping, rape, indecent liberties, arson, burglary or armed robbery, the prosecutor is authorized to file a petition for a commitment hearing.

Persons who are committed under this process are remanded to the custody and control of the secretary, and are entitled to adequate care and individualized treatment in the least restrictive manner consistent with public safety.  Commitment is for one year or the maximum sentence for the crime committed, whichever is longer.

The committed person is entitled to petition every six months for a hearing to review the conditions for continued commitment and a right to counsel.  Release from commitment is authorized upon a court finding that there is no further substantial risk to the public.

The involuntary commitment act takes effect on July 1, 1989 unless funds are not appropriated by then for its implementation.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 1, 1988

Effective Date:July 1, 1989