HOUSE BILL REPORT

ESHB 1051

As Amended by the Senate

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

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass. (10)

      Signed by Representatives Bristow, Chair; Scott, Vice Chair; Moyer, Ranking Minority Member; Anderson, Brekke, Leonard, Padden, Raiter, Tate and Winsley.

House Staff:John B. Welsh, Jr. (786-7133)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Human Services as amended by Committee on Appropriations be substituted therefor and the substitute bill as amended do pass.  (23)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Belcher, Bowman, Bristow, Brough, Dorn, Ebersole, Ferguson, Hine, May, McLean, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:      Dave Knutson (786-7136)

AS PASSED HOUSE MARCH 15, 1989

BACKGROUND:

There is no unique program for the involuntary commitment and treatment of persons who are developmentally disabled (D.D.) and who have committed felonies and are considered dangerous, but are found by a court, either incompetent to stand trial or not guilty by reason of insanity.  Currently, these persons are referred to state mental hospitals and receive treatment oriented to persons with mental illness.

A developmental disability includes an indefinite neurological condition related to mental retardation, originating before the individual attains 21 years of age (18 under the federal definition) and which constitutes a substantial handicap.

SUMMARY:

Subject to available funds, the Department of Social and Health Services is required to provide an appropriate program for developmentally disabled persons who have been charged with felony crimes and have been found 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 would have to 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 which 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 could be held for no more than ninety days in order 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 could be detained for subsequent one hundred and eighty day periods 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 their charged criminal behavior.

EFFECT OF SENATE AMENDMENTS:  A prosecuting attorney must be notified by officials of the treatment facility at least 30 days before the release of a committed person into the community without suspension.  The prosecuting attorney is authorized to seek a temporary restraining order to prevent the release on the grounds of dangerousness.

A study by the Department of Corrections and the Department of Social and Health Services is required for the development of a forensic hospital for serving the needs of mentally ill offenders currently in state institutions and prisons.  The report shall be made by March 1, 1990 to the legislative judiciary committees.

The appropriation of $3,245,000 to implement the program authorized by this act is stricken.

Amendments of a technical nature are made.

Appropriation:    $3,244,000 to the Department of Social and Health Services.

Fiscal Note:      Available.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    (Human Services)  Representative Mike Todd; Cathy Blinka, Washington Protection and Advocacy System; Linda James McCrae, Washington Protection and Advocacy System; Philip R. Scheier, Friends of Residential Centers for Retarded; Roberta Musser; Human Rights Commission; Mike Redman, Washington Association of Prosecuting Attorneys; Adam Kline, Attorney, City of Seattle; Sharon Hansen, Director, Developmental Disabilities Planning Council; Thelma Struck, Department of Social and Health Services; Juanita Hackler, Citizen and Kenneth Wojohn, Citizen.

(Appropriations)  Representative Mike Todd, Prime Sponsor; Thelma Struck, Department of Social and Health Services; and Mike Redman, Washington Prosecutors Association.

House Committee - Testified Against:      (Human Services)  None Presented.

(Appropriations)  None Presented.

House Committee - Testimony For:    (Human Services)  A program for "naive" offenders needs to be established in light of the number of D.D. persons being processed through the criminal justice system who are considered dangerous.  Gary Minnix is an example of a D.D. person from Western State Hospital, charged with serial rapes, who allegedly raped a person on a Christmas furlough from the institution.  There is no program to evaluate and treat such people which is appropriately secure, nor is there a process for involuntary commitment outside the criminal system.

(Appropriations)  Developmentally disabled people who allegedly commit crimes and are found incompetent to stand trial are often committed to mental institutions.  Mental institutions are not appropriate for these people.

House Committee - Testimony Against:      (Human Services)  None Presented.

(Appropriations)  None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 98