SENATE BILL REPORT

SB 5841

BYSenator Tanner

Revising criminal procedures dealing with the mental competence of defendants.

Senate Committee on Judiciary

Senate Hearing Date(s):March 3, 1987

Senate Staff:Jon Carlson (786-7459)

AS OF MARCH 6, 1987

BACKGROUND:

In determining whether a defendant is criminally insane, Washington State applies the M'Naghten test:  was the defendant able to understand both the nature and quality of the act and to distinguish between right and wrong at the time of the commission of the offense.  Although the insanity defense has never been widely used in criminal cases, criticism of it has increased in recent years with the perception that more suspects are using it to avoid conviction.  It is suggested that the criminally insane statute be repealed and replaced with language which limits consideration of mental illness to whether or not the defendant is able to form the requisite mental state necessary to carry out the criminal act.

SUMMARY:

The current law pertaining to the criminally insane is repealed.  In its place are provisions that consider whether the defendant is suffering from a mental disease or defect to the extent that the defendant did not intend to commit the act.

A person who is unable to understand criminal proceedings as a result of mental disease or defect cannot be tried, convicted, or sentenced for the commission of an offense.

If the prosecution or defense intends to rely on mental disease or defect as a defense to the criminal charge, the court must appoint at least one psychiatrist to examine and report on the mental condition of the defendant.  The psychiatrist may subsequently be called as a witness by the prosecution or defense.

If the court determines the defendant lacks the fitness to proceed with the trial, then proceedings against the defendant are suspended and the defendant is committed to the custody of DSHS so long as the unfitness remains.  If the court finds that the defendant is unlikely to become sufficiently fit to proceed within the reasonably foreseeable future, the proceeding against the defendant is dismissed.

At the conclusion of trial, if the defendant is found not guilty by reason of mental disease or defect, the court is required to hold a hearing to determine the appropriate disposition of the defendant.  If the defendant cannot be released without danger to others, the defendant must be committed to DSHS for appropriate care and treatment.

Procedures are established for discharge or conditional release, either on application of the secretary of DSHS or the committed person.  Failure to adhere to the terms of the conditional release may result in the person being taken into custody.

Fiscal Note:      requested

Effective Date:January 1, 1988