This bill seeks to enhance the forensic mental health care system in Washington State, particularly for individuals undergoing competency evaluation and restoration services, in accordance with the Trueblood settlement agreement. It introduces measures to mitigate the increase in referrals to the competency system, emphasizing the state's commitment to behavioral health services through the establishment of new forensic psychiatric beds and the expansion of community-based services. Key provisions include the appointment of forensic navigators to assist individuals referred for competency evaluation for class B and C felonies and misdemeanors, while class A felonies will only be referred upon request. The bill also sets forth criteria for outpatient competency restoration, ensuring that forensic services are utilized judiciously and promoting diversion to improve access to behavioral health care.

Additionally, the bill amends existing laws related to competency restoration, establishing specific time limits for inpatient and outpatient treatment, and introducing new requirements for courts regarding the assessment of outpatient competency restoration. It mandates that the department certify the availability of appropriate programs and requires the prosecuting attorney to evaluate the state's interest in pursuing competency restoration. The bill also includes provisions for involuntary medication during competency restoration, with necessary court notifications and video hearings for such cases. Furthermore, it establishes a behavioral health diversion fund to support services aimed at preventing individuals with behavioral health needs from entering the criminal justice system, along with an incentive program for managing inpatient competency orders. Overall, the bill aims to streamline the competency restoration process while safeguarding the rights and safety of defendants and the public.

Statutes affected:
Original Bill: 10.77.074, 10.77.084, 10.77.086, 10.77.088, 10.77.092
Substitute Bill: 10.77.074, 10.77.084, 10.77.086, 10.77.088, 10.77.092
Second Substitute: 10.77.074, 10.77.084, 10.77.086, 10.77.088, 10.77.092
Engrossed Second Substitute: 10.77.074, 10.77.086, 10.77.088, 10.77.092