FINAL BILL REPORT

HB 2054

                                  C 401 L 89

BYRepresentatives Locke, Todd, O'Brien, Padden, Appelwick, Anderson, Winsley, Belcher and P. King 

Notifying county prosecutors prior to the temporary, unsupervised release of involuntarily committed and dangerous individuals.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

A person who is found not guilty by reason of insanity or who is found incompetent to stand trial may be committed involuntarily to a mental institution if he or she has been found to be dangerous to others.  Before such a person is discharged from a mental institution, notice that additional involuntary commitment has not been sought must be given to the prosecuting attorney in the county from which the person was committed. The prosecuting attorney then has an opportunity to argue against the discharge on the grounds that the committed person is still dangerous to be at large.

Under the involuntary commitment statutes, a patient at a mental institution may be temporarily released under authority of the treating mental health professional or the superintendent of the institution.  Before a person found to be criminally insane may be temporarily released on a furlough, the superintendent must give 48 hours notice to appropriate law enforcement agencies.  There is no requirement that anyone be notified of such a temporary release of a person committed for incompetency to stand trial.

SUMMARY:

Additional notification requirements are established for the temporary release of certain mentally ill persons from a state mental institution.  The requirement applies to the unsupervised temporary release of persons committed as the result of a finding of incompetency to stand trial or as the result of a verdict of not guilty by reason of insanity.  The notification must be made to the prosecuting attorneys in the county from which the person was committed and the county to which the person is to be temporarily released.  The prosecuting attorneys may contest the temporary release on the same grounds as are provided for contesting a final discharge from the institution.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    43     0

EFFECTIVE:May 13, 1989