BILL REQ. #:  S-1803.2 

READ FIRST TIME 02/23/09.   

     AN ACT Relating to criminal defendants who are guilty and mentally ill; amending RCW 10.77.040 and 9.94A.501; adding a new section to chapter 10.77 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 10.77 RCW to read as follows:
     (1) A person who timely offers a defense of insanity pursuant to RCW 10.77.030 may be found "guilty and mentally ill" at trial if the trier of fact finds that:
     (a) The state has proven beyond a reasonable doubt that the defendant is guilty of the crime charged;
     (b) The defendant has failed to prove by a preponderance of the evidence the asserted insanity defense; and
     (c) The defendant has proven by a preponderance of the evidence that he or she was mentally ill at the time of the commission of the offense.
     (2) A person who waives the right to trial may plead guilty and mentally ill. No plea of guilty and mentally ill may be accepted by the trial judge until the defendant has undergone examination by a psychologist or psychiatrist and the judge has examined the psychological or psychiatric report or reports, has held a hearing on the issue of the defendant's mental condition, and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense to which the plea is entered. If the trial judge refuses to accept a plea of guilty and mentally ill, the defendant shall be permitted to withdraw the plea.
     (3) A person found guilty and mentally ill or whose plea of guilty and mentally ill is accepted pursuant to subsection 2 of this section may have any sentence imposed that may lawfully be imposed on any person convicted of the same offense. The person shall be placed under the jurisdiction of the department of corrections, but shall be committed into the custody of the department of social and health services, which shall place the person in a secure mental health facility for the purpose of mental health treatment.
     (4) A person shall not remain confined for treatment at a secure mental health facility under subsection (3) of this section for longer than the confinement term of the person's sentence. The person shall be eligible for earned release time under RCW 9.94A.728, as determined by the department of corrections and the department of social and health services according to subsection (6) of this section. The department of social and health services shall have the authority to discharge the person and return the person to the custody of the department of corrections at any time prior to the completion of sentence, if the department of social and health services determines that such a discharge will be in the person's best interest, or that the person can no longer benefit from mental health treatment, or that the person's condition has stabilized to the point at which the person can be maintained in the custody of the department of corrections without any substantial risk to the health, safety, or well-being of the person or others. A person who is discharged from the custody of the department of social and health services under this subsection shall be released with a report describing the person's condition, diagnosis, course of treatment, prognosis for remission of symptoms, danger to self or others, and recommendations for further treatment.
     (5) A person committed to a secure mental health facility under this section shall not become eligible for unescorted privileges on the grounds or outside the grounds of the facility before the end of the confinement term of the person's sentence without the written permission of the secretary of the department of corrections or the secretary's designee.
     (6) The department of corrections and department of social and health services may adopt rules or make agreements necessary for the implementation of this section.
     (7) For the purposes of this section, "mental illness" and "mentally ill" means a substantial disorder of thought, mood, or behavior that has a substantial adverse effect on a person's cognitive or volitional functions, but not rising to the level of insanity pursuant to RCW 9A.12.010.

Sec. 2   RCW 10.77.040 and 1998 c 297 s 33 are each amended to read as follows:
     Whenever the issue of insanity is submitted to the jury, the court shall instruct the jury to return a special verdict in substantially the following form:

Sec. 3   RCW 9.94A.501 and 2008 c 231 s 24 are each amended to read as follows:
     (1) When the department performs a risk assessment pursuant to RCW 9.94A.500, or to determine a person's conditions of supervision, the risk assessment shall classify the offender or a probationer sentenced in superior court into one of at least four risk categories.
     (2) The department shall supervise every offender sentenced to a term of community custody and every misdemeanor and gross misdemeanor probationer ordered by a superior court to probation under the supervision of the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210:
     (a) Whose risk assessment places that offender or probationer in one of the two highest risk categories; or
     (b) Regardless of the offender's or probationer's risk category if:
     (i) The offender's or probationer's current conviction is for:
     (A) A sex offense;
     (B) A violent offense;
     (C) A crime against persons as defined in RCW 9.94A.411;
     (D) A felony that is domestic violence as defined in RCW 10.99.020;
     (E) A violation of RCW 9A.52.025 (residential burglary);
     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
     (ii) The offender or probationer has a prior conviction for:
     (A) A sex offense;
     (B) A violent offense;
     (C) A crime against persons as defined in RCW 9.94A.411;
     (D) A felony that is domestic violence as defined in RCW 10.99.020;
     (E) A violation of RCW 9A.52.025 (residential burglary);
     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
     (iii) The conditions of the offender's community custody or the probationer's supervision include chemical dependency treatment;
     (iv) The offender was found guilty and mentally ill under section 1 of this act;
     (v) The offender was sentenced under RCW 9.94A.650 or 9.94A.670; or
     (((v))) (vi) The offender is subject to supervision pursuant to RCW 9.94A.745.
     (3) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody or any probationer unless the offender or probationer is one for whom supervision is required under subsection (2) of this section.
     (4) This section expires July 1, 2010.

NEW SECTION.  Sec. 4   This act takes effect August 1, 2009.