HOUSE BILL ANALYSIS
SSB 5046
Title: An act relating to creating an additional hearing procedure when the court disagrees with the mental health evaluation conducted by a professional person.
Brief Description: Revising hearing procedures for defendants receiving mental health evaluations.
Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove and Costa).
HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS
Staff: Yvonne Walker (786-7841).
Background:
If a misdemeanor defendant pleads not guilty by reason of insanity (or incompetency), then the courts must order that person to be held for a 15-day evaluation. After the evaluation, if the person is found to be incompetent, the court may order the person to be treated to restore competency. This process is 14 days if inpatient and 90 days if on a less restrictive alternative. If the person cannot be made competent to stand trial the professional mental health provider will report its findings back to the court. The decision must be reviewed by the court on the next judicial day. The court may acquit the defendant by reason of insanity from the misdemeanor charge or dismiss charges for incompetency to stand trial. If the offender is still in custody and the mental health professional recommends unconditional release, the court can either order the defendant=s release or, if the court disagree=s with the professional=s recommendation (for the defendant=s unconditional release), then the court may hold that defendant in custody pending another mental health evaluation to determine if civil commitment should be pursued. If the defendant is held in custody, then a hearing must take place.
When a judge disagrees with a mental health professional=s recommendation regarding a defendant=s release, the state=s current statute does not provide court procedures or guidance for the required hearing.
Summary:
On the day that the court is reviewing the evaluation and the mental health professional=s recommendation, if the court disagrees with the recommendation (regarding an offender=s release) then the court may order the person held at an evaluation and treatment center for 72 hours prior to a hearing or may order the person conditionally released subject to a hearing within 11 days.