SENATE BILL REPORT

HB 2054

BYRepresentatives Locke, Todd, O'Brien, Padden, Appelwick, Anderson, Winsley, Belcher and P. King 

Specifying the conditions which the state must follow prior to the release of involuntarily committed and dangerous individuals.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):March 29, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Niemi, Rinehart, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7959)

                  March 28, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 29, 1989

BACKGROUND:

Under current law, persons who are found not guilty by reason of insanity, or who are found incompetent to stand trial may be committed involuntarily to a mental institution if they have been found to be dangerous to others.  Before such a person is discharged from a mental institution, notice of the decision not to file a new petition for involuntary treatment must be given to the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed.  The prosecuting attorneys then have an opportunity to argue against the discharge.

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 such a temporary release.

SUMMARY:

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 attorneys in the county from which the person was committed and the county to which the person is to be temporarily released.  The prosecuting attorneys may contest the temporary release on the same grounds as are provided for contesting a final discharge from the institution.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Representative Gary Locke