CERTIFICATION OF ENROLLMENT

ENGROSSED SUBSTITUTE SENATE BILL 5551

Chapter 284, Laws of 2013

63rd Legislature
2013 Regular Session



COMPETENCY TO STAND TRIAL EVALUATIONS



EFFECTIVE DATE: 07/28/13 - Except for section 2, which becomes effective 05/16/13.

Passed by the Senate April 24, 2013
  YEAS 46   NAYS 1

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 16, 2013
  YEAS 96   NAYS 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Hunter G. Goodman, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5551 as passed by the Senate and the House of Representatives on the dates hereon set forth.

HUNTER G. GOODMAN
________________________________________    
Secretary
Approved May 16, 2013, 2:44 p.m.








JAY INSLEE
________________________________________    
Governor of the State of Washington
 
FILED
May 17, 2013







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED SUBSTITUTE SENATE BILL 5551
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2013 Regular Session
State of Washington63rd Legislature2013 Regular Session

By Senate Ways & Means (originally sponsored by Senators Conway, Carrell, and Shin)

READ FIRST TIME 03/01/13.   



     AN ACT Relating to competency to stand trial evaluations; adding a new section to chapter 10.77 RCW; creating a new section; providing an expiration date; and declaring an emergency.

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) 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.


         Passed by the Senate April 24, 2013.
         Passed by the House April 16, 2013.
         Approved by the Governor May 16, 2013.
         Filed in Office of Secretary of State May 17, 2013.