Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                      SUBSTITUTE SENATE BILL 6227
                       Chapter 137, Laws of 2024
                               68th Legislature
                             2024 Regular Session
        NOT GUILTY BY REASON OF INSANITY—PROTECTION ORDERS
                      EFFECTIVE DATE: June 6, 2024
Passed by the Senate February 6, 2024                CERTIFICATE
  Yeas 49 Nays 0
                                        I, Sarah Bannister, Secretary of
                                        the   Senate   of   the   State  of
              DENNY HECK                Washington, do hereby certify that
President of the Senate                 the attached is SUBSTITUTE SENATE
                                        BILL 6227 as passed by the Senate
                                        and the House of Representatives on
                                        the dates hereon set forth.
Passed by the House February 27, 2024
  Yeas 92 Nays 3
                                                  SARAH BANNISTER
            LAURIE JINKINS                                           Secretary
Speaker of the House of
Representatives
Approved March 15, 2024 10:09 AM                        FILED
                                                    March 15, 2024
                                                Secretary of State
              JAY INSLEE                        State of Washington
Governor of the State of Washington
                           SUBSTITUTE SENATE BILL 6227
                   Passed Legislature - 2024 Regular Session
     State of Washington         68th Legislature        2024 Regular Session
     By Senate Law & Justice (originally sponsored by Senators Dhingra,
     Cleveland, Hasegawa, Keiser, Nobles, Randall, Torres, and C. Wilson)
     READ FIRST TIME 01/26/24.
      AN ACT Relating to allowing entry of a civil protection order to
  protect victims when a person is found not guilty by reason of
  insanity; amending RCW 10.77.110 and 7.105.450; and adding a new
  section to chapter 10.77 RCW.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 10.77.110 and 2000 c 94 s 14 are each amended to
 read as follows:
     (1) If a defendant is acquitted of a crime by reason of insanity,
 and it is found that he or she is not a substantial danger to other
 persons, and does not present a substantial likelihood of committing
 criminal acts jeopardizing public safety or security, unless kept
 under further control by the court or other persons or institutions,
 the court shall direct the defendant's release. If it is found that
 such defendant is a substantial danger to other persons, or presents
 a substantial likelihood of committing criminal acts jeopardizing
 public safety or security, unless kept under further control by the
 court or other persons or institutions, the court shall order his or
 her hospitalization, or any appropriate alternative treatment less
 restrictive than detention in a state mental hospital, pursuant to
 the terms of this chapter.
                                       p. 1                       SSB 6227.SL
     (((2) If the defendant has been found not guilty by reason of
 insanity and a substantial danger, or presents a substantial
 likelihood of committing criminal acts jeopardizing public safety or
 security, so as to require treatment then the secretary shall
 immediately cause the defendant to be evaluated to ascertain if the
 defendant is developmentally disabled. When appropriate, and subject
 to available funds, the defendant may be committed to a program
 specifically   reserved   for   the   treatment   and   training   of
 developmentally disabled persons. A person so committed shall receive
 habilitation services according to an individualized service plan
 specifically developed to treat the behavior which was the subject of
 the criminal proceedings. The treatment program shall be administered
 by developmental disabilities professionals and others trained
 specifically in the needs of developmentally disabled persons. The
 treatment program shall provide physical security to a degree
 consistent with the finding that the defendant is dangerous and may
 incorporate varying conditions of security and alternative sites when
 the dangerousness of any particular defendant makes this necessary.
 The department may limit admissions to this specialized program in
 order to ensure that expenditures for services do not exceed amounts
 appropriated by the legislature and allocated by the department for
 such services. The department may establish admission priorities in
 the event that the number of eligible persons exceeds the limits set
 by the department.
     (3))) If it is found that such defendant is not a substantial
 danger to other persons, and does not present a substantial
 likelihood of committing criminal acts jeopardizing public safety or
 security, but that he or she is in need of control by the court or
 other persons or institutions, the court shall direct the defendant's
 conditional release.
     (2)(a) Upon placement of the defendant under control by the court
 or other persons and institutions or placement of the defendant on
 conditional release, or upon application by the prosecuting attorney
 at any subsequent time during which the court retains supervision of
 the defendant, the court may enter a separate no-contact order to
 protect any victim of the defendant's conduct in addition to the
 defendant's order of commitment. The maximum term of the no-contact
 order shall be the defendant's maximum term of commitment, or until
 the defendant's release under RCW 10.77.200, whichever comes sooner.
                                     p. 2                      SSB 6227.SL
 The clerk's office shall provide a written certified copy of the no-
 contact order to the victim.
     (b) The no-contact order shall contain the court's directives and
 shall state that a violation of the order is a criminal offense under
 chapter 7.105 RCW and will subject the person who violates the order
 to arrest, and that any assault, drive-by shooting, or reckless
 endangerment that is a violation of the order is a felony.
     (c) Any willful violation of a no-contact order issued under this
 section is punishable under RCW 7.105.450.
     (d) For the purpose of this subsection, "victim" has the same
 meaning as in RCW 9.94A.030.
     (3) Whenever an order is issued, modified, or terminated under
 this section, the clerk of the court shall forward a copy of the
 order on or before the next judicial day to the appropriate law
 enforcement agency specified in the order. Upon receipt of the copy
 of the order the law enforcement agency shall enter the order for one
 year or until the expiration date specified on the order into any
 computer-based criminal intelligence information system available in
 this state used by law enforcement agencies to list outstanding
 warrants. Entry into the computer-based criminal intelligence
 information system constitutes notice to all law enforcement agencies
 of the existence of the order. The order is fully enforceable in any
 jurisdiction in the state. Upon receipt of notice that an order has
 been terminated, the law enforcement agency shall remove the order
 from the computer-based criminal intelligence information system.
     Sec. 2.   RCW 7.105.450 and 2022 c 268 s 21 are each amended to
 read as follows:
     (1)(a) Whenever a domestic violence protection order, a sexual
 assault protection order, a stalking protection order, or a
 vulnerable adult protection order is granted under this chapter, or
 an order is granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A,
 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or there is a valid
 foreign protection order as defined in RCW 26.52.020, or there is a
 Canadian domestic violence protection order as defined in RCW
 26.55.010, and the respondent or person to be restrained knows of the
 order, a violation of any of the following provisions of the order is
 a gross misdemeanor, except as provided in subsections (4) and (5) of
 this section:
                                     p. 3                      SSB 6227.SL
     (i) The restraint provisions prohibiting acts or threats of
 violence against, or stalking of, a protected party, or the restraint
 provisions prohibiting contact with a protected party;
     (ii) A provision excluding the person from a residence,
 workplace, school, or day care;
     (iii) A provision prohibiting the person from knowingly coming
 within, or knowingly remaining within, a specified distance of a
 location, a protected party's person, or a protected party's vehicle;
     (iv) A provision prohibiting interfering with the protected
 party's efforts to remove a pet owned, possessed, leased, kept, or
 held by the petitioner, the respondent, or a minor child residing
 with either the petitioner or the respondent; or
     (v) A provision of a foreign protection order or a Canadian
 domestic violence protection order specifically indicating that a
 violation will be a crime.
     (b) Upon conviction, and in addition to any other penalties
 provided by law, the court:
     (i) May require that the respondent submit to electronic
 monitoring. The court shall specify who must provide the electronic
 monitoring services and the terms under which the monitoring must be
 performed. The order also may include a requirement that the
 respondent pay the costs of the monitoring. The court shall consider
 the ability of the convicted person to pay for electronic monitoring;
 and
     (ii) Shall impose a fine of $15, in addition to any penalty or
 fine imposed, for a violation of a domestic violence protection order
 issued under this chapter. Revenue from the $15 fine must be remitted
 monthly to the state treasury for deposit in the domestic violence
 prevention account.
     (2) A law enforcement officer shall arrest without a warrant and
 take into custody a person whom the law enforcement officer has
 probable cause to believe has violated a domestic violence protection
 order, a sexual assault protection order, a stalking protection
 order, or a vulnerable adult protection order, or an order issued
 under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09,
 26.26A, or 26.26B RCW, or a valid foreign protection order as defined
 in RCW 26.52.020, or a Canadian domestic violence protection order as
 defined in RCW 26.55.010, that restrains the person or excludes the
 person from a residence, workplace, school, or day care, or prohibits
 the person from knowingly coming within, or knowingly remaining
                                     p. 4                      SSB 6227.SL
 within, a specified distance of a location, a protected party's
 person, or a protected party's vehicle, if the person restrained
 knows of the order. Presence of the order in the law enforcement
 computer-based criminal intelligence information system is not the
 only means of establishing knowledge of the order.
     (3) A violation of a domestic violence protection order, a sexual
 assault protection order, a stalking protection order, or a
 vulnerable adult protection order, or an order issued under chapter
 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 26.26A, or
 26.26B RCW, or a valid foreign protection order as defined in RCW
 26.52.020, or a Canadian domestic violence protection order as
 defined in RCW 26.55.010, shall also constitute contempt of court,
 and is subject to the penalties prescribed by law.
     (4) Any assault that is a violation of a domestic violence
 protection order, a sexual assault protection order, a stalking
 protection order, or a vulnerable adult protection order, or an order
 issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99,
 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as
 defined in RCW 26.52.020, or a Canadian domestic violence protection
 order as defined in RCW 26.55.010, and that does not amount to
 assault in the first or second degree under RCW 9A.36.011 or
 9A.36.021 is a class C felony, and any conduct in violation of such
 an order that is reckless and creates a substantial risk of death or
 serious physical injury to another person is a class C felony.
     (5) A violation of a domestic violence protection order, a sexual
 assault protection order, a stalking protection order, or a
 vulnerable adult protection order, or a court order issued under
 chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09,
 26.26A, or 26.26B RCW, or a valid foreign protection order as defined
 in RCW 26.52.020, or a Canadian domestic violence protection order as
 defined in RCW 26.55.010, is a class C felony if the offender has at
 least two previous convictions for violating the provisions of a
 domestic violence protection order, a sexual assault protection
 order, a stalking protection order, or a vulnerable adult protection
 order, or an order issued under chapter 9A.40, 9A.44, 9A.46, 9A.88,
 9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign
 protection order as defined in RCW 26.52.020, or a Canadian domestic
 violence protection order as defined in RCW 26.55.010. The previous
 convictions may involve the same victim or other victims specifically
 protected by the orders the offender violated.
                                     p. 5                      SSB 6227.SL
     (6)(a) A defendant arrested for violating a domestic violence
 protection   order,  sexual   assault   protection  order,   stalking
 protection order, or vulnerable adult protection order, or an order
 granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77,
 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection
 order as defined in RCW 26.52.020, or a Canadian domestic violence
 protection order as defined in RCW 26.55.010, is required to appear
 in person before a magistrate within one judicial day after the
 arrest. At the time of the appearance, the court shall determine the
 necessity of imposing a no-contact order or other conditions of
 pretrial release.
     (b) A defendant who is charged by citation, complaint, or
 information with violating any protection order identified in (a) of
 this subsection and not arrested shall appear in court for
 arraignment in person as soon as practicable, but in no event later
 than 14 days after the next day on which court is in session
 following the issuance of the citation or the filing of the complaint
 or information.
     (7) Upon the filing of an affidavit by the petitioner or any law
 enforcement officer alleging that the respondent has violated a
 domestic violence protection order, a sexual assault protection
 order, a stalking protection order, or a vulnerable adult protection
 order, or an order granted under chapter 9A.40, 9A.44, 9A.46, 9A.88,
 9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign
 protection order as defined in RCW 26.52.020, or a Canadian domestic
 violence protection order as defined in RCW 26.55.010, the court may
 issue an order to the respondent, requiring the respondent to appear
 and show cause within 14 days as to why the respondent should not be
 found in contempt of court and punished accordingly. The hearing may
 be held in the court of any county or municipality in which the
 petitioner or respondent temporarily or permanently resides at the
 time of the alleged violation.
     (8) Appearances required under this section are mandatory and
 cannot be waived.
     NEW SECTION.   Sec. 3.  A new section is added to chapter 10.77
 RCW to read as follows:
     If the defendant has been found not guilty by reason of insanity
 and a substantial danger, or presents a substantial likelihood of
 committing criminal acts jeopardizing public safety or security, so
                                     p. 6                      SSB 6227.SL
 as to require treatment then the secretary shall immediately cause
 the defendant to be evaluated to ascertain if the defendant has a
 developmental disability. When appropriate, and subject to available
 funds, the defendant may be committed to a program specifically
 reserved for the treatment and training of persons with developmental
 disabilities. A person so committed shall receive habilitation
 services according to an individualized service plan specifically
 developed to treat the behavior which was the subject of the criminal
 proceedings.  The   treatment  program   shall  be   administered   by
 developmental   disabilities   professionals   and   others    trained
 specifically in the needs of persons with developmental disabilities.
 The treatment program shall provide physical security to a degree
 consistent with the finding that the defendant is dangerous and may
 incorporate varying conditions of security and alternative sites when
 the dangerousness of any particular defendant makes this necessary.
 The department may limit admissions to this specialized program in
 order to ensure that expenditures for services do not exceed amounts
 appropriated by the legislature and allocated by the department for
 such services. The department may establish admission priorities in
 the event that the number of eligible persons exceeds the limits s