The bill seeks to improve the competency evaluation and restoration process for individuals with behavioral health disorders in Washington State, particularly in response to increased wait times exacerbated by the COVID-19 pandemic. It introduces a new role of "clinical intervention specialist" to provide direct services and coordinate treatment for defendants undergoing competency evaluations. The legislation modifies the competency determination process by requiring courts to first assess if there is a "genuine doubt" about a defendant's competency before appointing an evaluator. It also expands access to relevant records for evaluators and establishes performance targets for timely evaluations and restoration services, aiming to enhance the forensic mental health care system in alignment with the Trueblood settlement agreement.
Additionally, the bill outlines the responsibilities of forensic navigators to assist defendants in accessing services and provides for the revocation of a defendant's driver's license for serious traffic offenses if found incompetent. It establishes specific timeframes for competency restoration, mandates notifications for service eligibility reviews, and clarifies the dismissal process for defendants unlikely to regain competency. The legislation also includes provisions for medication management, data collection, and the commitment process for sexually violent predators, ensuring that public safety and the rights of individuals with mental health issues are prioritized. Notably, the bill deletes a previous reference to RCW 10.77.086(4) and replaces it with (7), indicating a shift in the legal framework governing these processes.
Statutes affected: Original Bill: 9A.04.110, 10.77.068, 10.77.074, 10.77.075, 10.77.078, 10.77.084, 10.77.086, 10.77.088
Substitute Bill: 9A.04.110, 10.77.068, 10.77.074, 10.77.084, 10.77.086, 10.77.088, 10.77.092
Second Substitute: 9A.04.110, 10.77.068, 10.77.074, 10.77.084, 10.77.086, 10.77.088, 10.77.092
Engrossed Second Substitute: 9A.04.110, 10.77.068, 10.77.074, 10.77.084, 10.77.086, 10.77.088, 10.77.092
Bill as Passed Legislature: 9A.04.110, 10.77.068, 10.77.074, 10.77.084, 10.77.086, 10.77.088, 10.77.092, 10.77.065, 71.05.235, 71.05.280, 71.05.290, 71.05.300, 71.05.425, 9A.46.060, 71.09.030, 71.09.060
Session Law: 9A.04.110, 10.77.068, 10.77.074, 10.77.084, 10.77.086, 10.77.088, 10.77.092, 10.77.065, 71.05.235, 71.05.280, 71.05.290, 71.05.300, 71.05.425, 9A.46.060, 71.09.030, 71.09.060