ESSB 5551 -
By Committee on Judiciary
ADOPTED 04/16/2013
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 10.77 RCW
to read as follows:
(1) If, at the time of a referral for an evaluation of competency
to stand trial in a jail for an in-custody defendant, the department
has not met the performance target for timely completion of competency
evaluations under RCW 10.77.068(1)(a)(ii) during the most recent
quarter in fifty percent of cases submitted by the referring county, as
documented in the most recent quarterly report under RCW 10.77.068(3)
or confirmed by records maintained by the department, the department
shall reimburse the county for the cost of appointing a qualified
expert or professional person under RCW 10.77.060(1)(a) subject to
subsections (2) and (3) of this section.
(2) Appointment of a qualified expert or professional person under
this section must be from a list of qualified experts or professional
persons assembled with participation by representatives of the
prosecuting attorney and the defense bar of the county. The qualified
expert or professional person shall complete an evaluation and report
that includes the components specified in RCW 10.77.060(3).
(3) The county shall provide a copy of the evaluation report to the
applicable state hospital upon referral of the defendant for admission
to the state hospital. The county shall maintain data on the
timeliness of competency evaluations completed under this section.
(4) A qualified expert or professional person appointed by a court
under this section must be compensated for competency evaluations in an
amount that will encourage in-depth evaluation reports. Subject to the
availability of amounts appropriated for this specific purpose, the
department shall reimburse the county in an amount determined by the
department to be fair and reasonable with the county paying any excess
costs. The amount of reimbursement established by the department must
at least meet the equivalent amount for evaluations conducted by the
department.
(4) Nothing in this section precludes either party from objecting
to the appointment of an evaluator on the basis that an inpatient
evaluation is appropriate under RCW 10.77.060(1)(d).
(5) This section expires June 30, 2016.
NEW SECTION. Sec. 2 Within current resources, the office of the
state human resources director shall gather market salary data related
to psychologists and psychiatrists employed by the department of social
and health services and department of corrections and report to the
governor and relevant committees of the legislature by June 30, 2013.
NEW SECTION. Sec. 3 Section 2 of this act is necessary for the
immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions,
and takes effect immediately."
Correct the title.
EFFECT: Provides that the Department's obligation to reimburse counties is subject to amounts appropriated for this specific purpose. Requires the county to: Provide a copy of the evaluation report to the applicable state hospital upon referral of the defendant for admission; and maintain data on the timeliness of competency evaluations by appointed evaluators. Specifically requires the evaluator to complete an evaluation and report that includes components specified in statute. Adds an emergency clause and immediate effective date for section 2, which requires the market salary data report to be submitted to the Legislature and Governor by June 30, 2013.