FINAL BILL REPORT

SHB 1051

PARTIAL VETO

                                  C 420 L 89

BYHouse Committee on Human Services (originally sponsored by Representatives Todd, Winsley, Crane, Walker, Moyer, Jacobsen, Bristow, Heavey, Appelwick, Prentice, D. Sommers, Leonard, Basich, Hine, Rust, Rector, Haugen, Valle, Jones, Brekke, Rasmussen, Dorn, Walk, O'Brien, Dellwo, Kremen, Sayan, Locke, Ferguson, Wineberry, H. Myers, G. Fisher, K. Wilson, Patrick, Fuhrman,Van Luven, McLean, May, Schoon, Brumsickle, Phillips and Anderson)

Regarding developmentally disabled adults.

House Committe on Human Services

Rereferred House Committee on Appropriations

Senate Committee on Health Care & Corrections and Committee on Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

Persons who are developmentally disabled and who have committed felonies and are considered dangerous, but who are found by a court either to be incompetent to stand trial or not guilty by reason of insanity are referred to state mental hospitals for mental illness treatment.  No unique program for involuntary commitment and treatment of these persons exists.

A developmental disability includes an indefinite neurological condition related to mental retardation, originating before the individual attains 21 years of age and constituting a substantial handicap.

Under the involuntary commitment statutes, a patient at a mental institution may be temporarily released under authority of the treating mental health professional or the superintendent of the institution.  There is no requirement that anyone be notified of a temporary release.

SUMMARY:

Subject to available funds, the Department of Social and Health Services (DSHS) is required to provide an appropriate program for developmentally disabled persons who have been charged with felony crimes and have been found by a court either incompetent to stand trial or not guilty by reason of insanity.  The program must be separate and discrete from other treatment or habilitation programs.

Evaluations of developmentally disabled defendants must be performed by developmental disabilities professionals.

Defendants found to be a substantial danger to others, or presenting a substantial likelihood of committing felonious acts, must be evaluated by the secretary of DSHS and treated at a program specifically reserved for the developmentally disabled.  The program includes habilitation services specific to the behavior that was the subject of the criminal proceedings and must be housed separately from any program for non-developmentally disabled persons. The program must provide an environment affording appropriate security necessary to protect the public safety.

Developmentally disabled defendants may be held for no more than 90 days to determine competency if the incompetence is the result of developmental disabilities and competency is not likely to be regained during an extension.

Persons determined incompetent may be detained for a subsequent 180 day period if presenting a substantial danger to others, or a substantial likelihood of committing felony acts jeopardizing public safety or security, and less restrictive alternatives are not appropriate.

Developmentally disabled defendants may also be civilly committed if they present a substantial likelihood of repeating similar acts considering the charged criminal behavior, life history, progress in treatment, and the public safety.

A notification requirement is established for the temporary release of certain mentally ill persons from a state mental institution.  The requirement applies to the unsupervised temporary release of persons committed as the result of a finding of incompetency or a verdict of not guilty by reason of insanity.  The notification must be made to the prosecuting attorney in the county from which the person was committed and in the county to which the person is to be temporarily released.  Either prosecuting attorney may contest the temporary release on the same grounds as are provided for contesting a final discharge from the institution.

VOTES ON FINAL PASSAGE:

      House 98   0

      Senate    44     0 (Senate amended)

      House 97   0 (House concurred)

EFFECTIVE:May 13, 1989

Partial Veto Summary:  The bill required a state mental institution to notify the prosecuting attorney prior to the unsupervised, temporary release of any person who was committed as a result of a finding of incompetency, or a verdict of not guilty by reason of insanity.  This notification requirement is similar to another bill that received the Governor's approval.  The veto removes the duplication.  (See VETO MESSAGE)