SENATE BILL REPORT

ESHB 1051

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

Senate Hearing Date(s):March 28, 1989; March 30, 1989

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Amondson, Johnson, Kreidler, Niemi, Wojahn.

Senate Staff:Don Sloma (786-7414)

                  March 31, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):April 3, 1989

Majority Report:  Do pass as amended.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Hayner, Johnson, Lee, Moore, Newhouse, Niemi, Smith, Talmadge, Williams, Wojahn.

Senate Staff:Randy Hodgins (786-7715)

                  April 7, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, APRIL 3, 1989

BACKGROUND:

There is no program for the involuntary commitment and treatment of persons who are developmentally disabled (D.D.), committed felonies, and considered dangerous, but 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 (DSHS) 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 must be performed by developmental disabilities professionals.

Defendants found to be a danger to others or who present a substantial likelihood of committing a felony must be evaluated by the secretary of DSHS.  Defendants must be treated at a program reserved for the developmentally disabled which must include habilitation services specific to the behavior which was the subject of the criminal proceeding.  The program must provide adequate security to protect the public safety.  The defendants must be housed separately from any nondevelopmentally disabled person.

Developmentally disabled defendants may be held for no more than ninety 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 subsequent 180-day periods if:  they are considered to be a danger to others; the likelihood of committing a felony jeopardizing public safety or security is substantial; or less restrictive alternatives are not appropriate.

Developmentally disabled defendants may be civilly committed if they present a substantial likelihood of repeating similar acts.

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.

SUMMARY OF PROPOSED HEALTH CARE & CORRECTIONS AMENDMENT:

Any person found to be criminally insane or not guilty by reason of insanity as defined under the act may not be temporarily released without a 30-day written notice to the prosecuting attorneys of the county for which the person was committed and to which the person will be released.

DSHS and the Department of Corrections must complete a study regarding care of mentally ill offenders for the development of a state forensic hospital by March 1, 1990.  The sum of $90,000 is appropriated to the Department of Corrections for the study.

SUMMARY OF PROPOSED WAYS & MEANS AMENDMENT:

The appropriations are deleted.

Senate Committee - Testified: HEALTH CARE & CORRECTIONS:  Juanita Hackler and Sharon Hansen, Developmental Disabilities Planning Council (pro); Thelma Struck, DSHS (pro); Roberta Musser, Parents and Guardians of the Retarded and Friends of Rainier (pro)

Senate Committee - Testified: WAYS & MEANS: Representative Mike Todd, original sponsor (pro); Mike Redman, Washington Association of Prosecuting Attorneys (pro); Bruce Treichler, Washington Developmental Disabilities Planning Council (pro); Jeff Larsen, Washington Assembly of Citizens with Disabilities (pro); Bob Benson, Department of Social and Health Services (pro)