6610.E AMH DICK MERE 172
ESB 6610 - H AMD 1358
By Representative Dickerson
ADOPTED 3/02/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The Washington state institute for public policy shall, in collaboration with the department of social and health services and other applicable entities, undertake a search for validated mental health assessment tools in each of the following areas:
(a) An assessment tool or combination of tools to be used by individuals performing court-ordered competency assessments and level of risk assessments of defendants pursuant to chapter 10.77 RCW; and
(b) An assessment tool or combination of tools to be used by individuals developing recommendations to courts as to the appropriateness of conditional release from inpatient treatment of criminally insane patients pursuant to chapter 10.77 RCW.
(2) This section expires June 30, 2011.
Sec. 2. RCW 10.77.120 and 2000 c 94 s 15 are each amended to read as follows:
(1) The secretary shall ((forthwith))
provide adequate care and individualized treatment to persons found
criminally insane at one or several of the state institutions or facilities
under ((his or her)) the direction and control ((wherein
persons committed as criminally insane may be confined. Such persons shall be
under the custody and control of the secretary to the same extent as are other
persons who are committed to the secretary's custody, but such provision shall
be made for their control, care, and treatment as is proper in view of their
condition)) of the secretary. In order that the secretary may
adequately determine the nature of the mental illness or developmental
disability of the person committed ((to him or her)) as criminally
insane, ((and in order for the secretary to place such individuals in a
proper facility,)) all persons who are committed to the secretary as
criminally insane shall be promptly examined by qualified personnel in ((such
a manner as)) order to provide a proper evaluation and diagnosis of
such individual. The examinations of all ((developmentally disabled))
persons with developmental disabilities committed under this chapter
shall be performed by developmental disabilities professionals. Any person so
committed shall not be released from the control of the secretary ((save
upon the)) except by order of a court of competent jurisdiction made
after a hearing and judgment of release.
(2) Whenever there is a hearing which the
committed person is entitled to attend, the secretary shall send ((him or
her)) the person in the custody of one or more department employees
to the county ((where)) in which the hearing is to be held at the
time the case is called for trial. During the time the person is absent from
the facility, ((he or she shall)) the person may be confined in a
facility designated by and arranged for by the department, ((and)) but
shall at all times be deemed to be in the custody of the department employee
and provided necessary treatment. If the decision of the hearing remits the
person to custody, the department employee shall ((forthwith)) return
the person to such institution or facility designated by the secretary. If the
state appeals an order of release, such appeal shall operate as a stay, and the
person shall remain in custody ((shall so remain)) and be ((forthwith))
returned to the institution or facility designated by the secretary until a
final decision has been rendered in the cause.
Sec. 3. RCW 10.77.150 and 1998 c 297 s 41 are each amended to read as follows:
(1) Persons examined pursuant to RCW 10.77.140 may make application to the secretary for conditional release. The secretary shall, after considering the reports of experts or professional persons conducting the examination pursuant to RCW 10.77.140, forward to the court of the county which ordered the person's commitment the person's application for conditional release as well as the secretary's recommendations concerning the application and any proposed terms and conditions upon which the secretary reasonably believes the person can be conditionally released. Conditional release may also contemplate partial release for work, training, or educational purposes.
(2) In instances in which persons examined pursuant
to RCW 10.77.140 have not made application to the secretary for conditional
release, but the secretary, after considering the reports of experts or
professional persons conducting the examination pursuant to RCW 10.77.140,
reasonably believes the person may be conditionally released, the secretary may
submit a recommendation for release to the court of the county which ordered
the person's commitment. The secretary's recommendation must include any
proposed terms and conditions upon which the secretary reasonably believes the
person may be conditionally released. Conditional release may also include
partial release for work, training, or educational purposes. Notice of the
secretary's recommendation under this subsection must be provided to the person
for whom the secretary has made the recommendation for release and to his or
her attorney.
(3)(a) The court of the county which ordered the person's
commitment, upon receipt of an application or recommendation for
conditional release with the secretary's recommendation for conditional release
terms and conditions, shall within thirty days schedule a hearing. The
court may schedule a hearing on applications recommended for disapproval by the
secretary.
(b) The prosecuting attorney shall represent the state at such hearings and shall have the right to have the patient examined by an expert or professional person of the prosecuting attorney's choice. If the committed person is indigent, and he or she so requests, the court shall appoint a qualified expert or professional person to examine the person on his or her behalf.
(c) The issue to be determined at such a hearing is whether or not the person may be released conditionally without substantial danger to other persons, or substantial likelihood of committing criminal acts jeopardizing public safety or security.
(d) The court, after the hearing, shall rule on the secretary's recommendations, and if it disapproves of conditional release, may do so only on the basis of substantial evidence. The court may modify the suggested terms and conditions on which the person is to be conditionally released. Pursuant to the determination of the court after hearing, the committed person shall thereupon be released on such conditions as the court determines to be necessary, or shall be remitted to the custody of the secretary. If the order of conditional release includes a requirement for the committed person to report to a community corrections officer, the order shall also specify that the conditionally released person shall be under the supervision of the secretary of corrections or such person as the secretary of corrections may designate and shall follow explicitly the instructions of the secretary of corrections including reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, and notifying the community corrections officer prior to making any change in the offender's address or employment. If the order of conditional release includes a requirement for the committed person to report to a community corrections officer, the community corrections officer shall notify the secretary or the secretary's designee, if the person is not in compliance with the court-ordered conditions of release.
((3))(4) If the court determines that
receiving regular or periodic medication or other medical treatment shall be a
condition of the committed person's release, then the court shall require him
or her to report to a physician or other medical or mental health practitioner
for the medication or treatment. In addition to submitting any report required
by RCW 10.77.160, the physician or other medical or mental health practitioner
shall immediately upon the released person's failure to appear for the
medication or treatment or upon a change in mental health condition that
renders the patient a potential risk to the public report ((the failure))
to the court, to the prosecuting attorney of the county in which the released
person was committed, to the secretary, and to the supervising community
corrections officer.
(((4))) (5) Any person, whose application
for conditional release has been denied, may reapply after a period of six
months from the date of denial.
Sec. 4. RCW 10.77.160 and 1993 c 31 s 7 are each amended to read as follows:
When a conditionally released person is required by the terms of his or her conditional release to report to a physician, department of corrections community corrections officer, or medical or mental health practitioner on a regular or periodic basis, the physician, department of corrections community corrections officer, medical or mental health practitioner, or other such person shall monthly, for the first six months after release and semiannually thereafter, or as otherwise directed by the court, submit to the court, the secretary, the institution from which released, and to the prosecuting attorney of the county in which the person was committed, a report stating whether the person is adhering to the terms and conditions of his or her conditional release, and detailing any arrests or criminal charges filed and any significant change in the person's mental health condition or other circumstances.
Sec. 5. RCW 10.77.190 and 1998 c 297 s 43 are each amended to read as follows:
(1) Any person submitting reports pursuant to RCW 10.77.160, the secretary, or the prosecuting attorney may petition the court to, or the court on its own motion may schedule an immediate hearing for the purpose of modifying the terms of conditional release if the petitioner or the court believes the released person is failing to adhere to the terms and conditions of his or her conditional release or is in need of additional care and treatment.
(2) If the prosecuting attorney, the secretary of social
and health services, the secretary of corrections, or the court, after
examining the report filed with them pursuant to RCW 10.77.160, or based on
other information received by them, reasonably believes that a conditionally
released person is failing to adhere to the terms and conditions of his or her
conditional release the court or secretary of social and health services or the
secretary of corrections may order that the conditionally released person be
apprehended and taken into custody ((until such time as a hearing can be
scheduled to determine the facts and whether or not the person's conditional
release should be revoked or modified)). The court shall be notified of
the apprehension before the close of the next judicial day ((of the
apprehension)). The court shall schedule a hearing within thirty days
to determine whether or not the person's conditional release should be modified
or revoked. Both the prosecuting attorney and the conditionally released
person shall have the right to request an immediate mental examination of the
conditionally released person. If the conditionally released person is
indigent, the court or secretary of social and health services or the secretary
of corrections or their designees shall, upon request, assist him or her in
obtaining a qualified expert or professional person to conduct the examination.
(3) If the hospital or facility designated to provide outpatient care determines that a conditionally released person presents a threat to public safety, the hospital or facility shall immediately notify the secretary of social and health services or the secretary of corrections or their designees. The secretary shall order that the conditionally released person be apprehended and taken into custody.
(4) The court, upon receiving notification of the apprehension, shall promptly schedule a hearing. The issue to be determined is whether the conditionally released person did or did not adhere to the terms and conditions of his or her release, or whether the person presents a threat to public safety. Pursuant to the determination of the court upon such hearing, the conditionally released person shall either continue to be conditionally released on the same or modified conditions or his or her conditional release shall be revoked and he or she shall be committed subject to release only in accordance with provisions of this chapter.
Sec. 6. RCW 10.77.200 and 2000 c 94 s 16 are each amended to read as follows:
(1) Upon application by the committed or conditionally released person, the secretary shall determine whether or not reasonable grounds exist for release. In making this determination, the secretary may consider the reports filed under RCW 10.77.060, 10.77.110, 10.77.140, and 10.77.160, and other reports and evaluations provided by professionals familiar with the case. If the secretary approves the release he or she then shall authorize the person to petition the court.
(2) In instances in which persons have not made
application for release, but the secretary believes, after consideration of the
reports filed under RCW 10.77.060, 10.77.110, 10.77.140, and 10.77.160, and
other reports and evaluations provided by professionals familiar with the case,
that reasonable grounds exist for release, the secretary may petition the
court. If the secretary petitions the court for release under this subsection,
notice of the petition must be provided to the person who is the subject of the
petition and to his or her attorney.
(3) The petition shall be served upon the court and the prosecuting
attorney. The court, upon receipt of the petition for release, shall within
forty-five days order a hearing. Continuance of the hearing date shall only be
allowed for good cause shown. The prosecuting attorney shall represent the
state, and shall have the right to have the petitioner examined by an expert or
professional person of the prosecuting attorney's choice. If the petitioner is
indigent, and the person so requests, the court shall appoint a qualified
expert or professional person to examine him or her. If the petitioner ((is
developmentally disabled)) has a developmental disability, the
examination shall be performed by a developmental disabilities professional.
The hearing shall be before a jury if demanded by either the petitioner or the
prosecuting attorney. The burden of proof shall be upon the petitioner to show
by a preponderance of the evidence that the petitioner no longer presents, as a
result of a mental disease or defect, a substantial danger to other persons, or
a substantial likelihood of committing criminal acts jeopardizing public safety
or security, unless kept under further control by the court or other persons or
institutions.
(((3)))
(4) For purposes of this section, a person affected by a mental disease or
defect in a state of remission is considered to have a mental disease or defect
requiring supervision when the disease may, with reasonable medical
probability, occasionally become active and, when active, render the person a
danger to others. Upon a finding that the petitioner has a mental disease or
defect in a state of remission under this subsection, the court may deny
release, or place or continue such a person on conditional release.
(5) Nothing contained in this chapter shall prohibit the patient from petitioning the court for release or conditional release from the institution in which he or she is committed. The issue to be determined on such proceeding is whether the petitioner, as a result of a mental disease or defect, is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.
(6) Nothing contained in this chapter shall prohibit the committed person from petitioning for release by writ of habeas corpus.
NEW SECTION. Sec. 7. A new section is added to chapter 10.77 RCW to read as follows:
(1) The department shall review the costs of the operation of each of the following boards and the rates of recidivism and treatment outcomes for the populations under their jurisdiction as follows:
(a) The Oregon psychiatric security review board's administration of cases involving: (i) Persons judged to be guilty except for insanity; (ii) persons who would have been guilty of a felony or misdemeanor that caused or risked physical injury to another except for insanity; and (iii) persons affected by mental illness and determined to be a substantial danger to others; and
(b) The Virginia community services boards' administration of cases involving persons found not guilty by reason of insanity.
(2) The department shall report the results of its review to the appropriate committees of the legislature by December 15, 2010.
NEW SECTION. Sec. 8. A new section is added to chapter 10.77 RCW to read as follows:
For persons who have received court approval for conditional release, the secretary or the secretary's designee shall supervise the person's compliance with the court-ordered conditions of release. The level of supervision provided by the secretary shall correspond to the level of the person's public safety risk. In undertaking supervision of persons under this section, the secretary shall coordinate with any treatment providers designated pursuant to RCW 10.77.150(3), any department of corrections staff designated pursuant to RCW 10.77.150(2), and local law enforcement, if appropriate. The secretary shall adopt rules to implement this section."
Correct the title.
EFFECT: (1) Eliminates the independent Public Safety Review Panel.
(2) Removes the provisions which authorize the Secretary of DSHS to place a person in a Department of Corrections (DOC) facility if that person presents an unreasonable safety risk in the state hospital setting.
(3) Adds the requirement that where the Secretary of the Department of Social and Health Services (DSHS) recommends a conditional release or petitions the court for release on behalf of a patient, notice must be given to the patient and his or her counsel; upon a petition for release, removes the provision that the Secretary of DSHS must be represented by the Attorney General.
(4) Adds the requirement that if a committed person is under the supervision of a Community Corrections Officer (CCO), the CCO must notify the Secretary of DSHS if the person is not in compliance with the court-ordered conditions of release.
(5) Clarifies the requirement that where a committed person, as a condition of conditional release, must report to a physician or other health practitioner for medication or treatment, the physician must, upon observing a change in the mental health condition that renders a patient a potential risk to the public, immediately report such information to the court, prosecuting attorney, and the Secretary of DSHS.
(6) Clarifies that the court may deny release, place a person on conditional release, or continue a person on conditional release when a person who is committed or on conditional request has petitioned the court for final discharge and the court has made a finding that the petitioner suffers from a mental disease that is in remission.
(7) Adds the requirement that the Secretary of DSHS, in coordination with DOC and local law enforcement, must supervise a person who has been court-approved for conditional release at a level which corresponds to the level of the person's public safety risk.
(8) Adds a requirement that the research arm of DSHS must conduct a review of the Oregon and Virginia models for review panels and report back to the Legislature by December 15, 2010.
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