RCW 10.77.010 Definitions. As used in this chapter: (1) “Admission” means acceptance based on medical necessity, of a person as a patient. (2) “Authority” means the Washington state health care authority. (3) “Commitment” means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, […]
RCW 10.77.020 Rights of person under this chapter. (1) At any and all stages of the proceedings pursuant to this chapter, any person subject to the provisions of this chapter shall be entitled to the assistance of counsel, and if the person is indigent the court shall appoint counsel to assist him or her. A […]
RCW 10.77.025 Maximum term of commitment or treatment. (1) Whenever any person has been: (a) Committed to a correctional facility or inpatient treatment under any provision of this chapter; or (b) ordered to undergo alternative treatment following his or her acquittal by reason of insanity of a crime charged, such commitment or treatment cannot exceed […]
RCW 10.77.027 Eligible for commitment regardless of cause. When a designated crisis responder or a professional person has determined that a person has a mental disorder, and is otherwise committable, the cause of the person’s mental disorder shall not make the person ineligible for commitment under chapter 71.05 RCW. [ 2016 sp.s. c 29 § […]
RCW 10.77.030 Establishing insanity as a defense. (1) Evidence of insanity is not admissible unless the defendant, at the time of arraignment or within ten days thereafter or at such later time as the court may for good cause permit, files a written notice of his or her intent to rely on such a defense. […]
RCW 10.77.040 Instructions to jury on special verdict. Whenever the issue of insanity is submitted to the jury, the court shall instruct the jury to return a special verdict in substantially the following form: answer yes or no 1. Did the defendant commit the act charged? . . . . . 2. If your answer to […]
RCW 10.77.050 Mental incapacity as bar to proceedings. No incompetent person shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity continues. [ 1974 ex.s. c 198 § 5; 1973 1st ex.s. c 117 § 5.]
RCW 10.77.060 Plea of not guilty due to insanity—Doubt as to competency—Evaluation—Bail—Report—Competency to stand trial status check. (1)(a) Whenever a defendant has pleaded not guilty by reason of insanity, or there is reason to doubt his or her competency, the court on its own motion or on the motion of any party shall either appoint […]
RCW 10.77.065 Mental condition evaluations—Reports and recommendations required—Discharge of defendant when determined competent to stand trial. (1)(a)(i) The expert conducting the evaluation shall provide his or her report and recommendation to the court in which the criminal proceeding is pending. For a competency evaluation of a defendant who is released from custody, if the evaluation […]
RCW 10.77.068 Competency to stand trial, admissions for inpatient competency restoration services—Performance targets and maximum time limits—Duties of the department—Report—New entitlement or cause of action not created—No basis for contempt or motion to dismiss. (1)(a) The legislature establishes a performance target of seven days or fewer to extend an offer of admission to a defendant […]
RCW 10.77.070 Examination rights of defendant’s expert or professional person. When the defendant wishes to be examined by a qualified expert or professional person of his or her own choice such examiner shall be permitted to have reasonable access to the defendant for the purpose of such examination, as well as to all relevant medical […]
RCW 10.77.074 Competency evaluation—Forensic navigator. (1) Subject to the limitations described in this section, a court may appoint an impartial forensic navigator employed by or contracted by the department to assist individuals who have been referred for competency evaluation. (2) A forensic navigator must assist the individual to access services related to diversion and community […]
RCW 10.77.075 Competency evaluation or competency restoration treatment—Court order. Within twenty-four hours of the signing of a court order requesting the secretary to provide a competency evaluation or competency restoration treatment: (1) The clerk of the court shall provide the court order and the charging documents, including the request for bail and certification of probable […]
RCW 10.77.078 Competency evaluation or restoration services—Offer of admission—City or county jail to transport defendant. (1) A city or county jail shall transport a defendant to a state hospital or other secure facility designated by the department within one day of receipt of an offer of admission of the defendant for competency evaluation or restoration […]
RCW 10.77.079 Competency to stand trial—Continuation of competency process, dismissal of charges—Exceptions. (1) If the issue of competency to stand trial is raised by the court or a party under RCW 10.77.060, the prosecutor may continue with the competency process or dismiss the charges without prejudice and refer the defendant for assessment by a mental […]
RCW 10.77.080 Motion for acquittal on grounds of insanity—Hearing—Findings. The defendant may move the court for a judgment of acquittal on the grounds of insanity: PROVIDED, That a defendant so acquitted may not later contest the validity of his or her detention on the grounds that he or she did not commit the acts charged. […]
RCW 10.77.084 Stay of proceedings—Treatment—Restoration of competency—Commitment—Other procedures. (1)(a) If at any time during the pendency of an action and prior to judgment the court finds, following a report as provided in RCW 10.77.060, a defendant is incompetent, the court shall order the proceedings against the defendant be stayed except as provided in subsection (4) […]
RCW 10.77.0845 Evaluation and determination of individual with developmental disability—Program placement—Admissions, limitation. (1) A defendant found incompetent by the court under RCW 10.77.084 must be evaluated at the direction of the secretary and a determination made whether the defendant is an individual with a developmental disability. Such evaluation and determination must be accomplished as soon […]
RCW 10.77.086 Competency restoration—Procedure in felony charge. (1) If the defendant is charged with a felony and determined to be incompetent, until he or she has regained the competency necessary to understand the proceedings against him or her and assist in his or her own defense, but in any event for a period of no […]
RCW 10.77.088 Competency restoration—Procedure in nonfelony charge. (1) If the defendant is charged with a nonfelony crime which is a serious offense as identified in RCW 10.77.092 and found by the court to be not competent, then the court: (a) Shall dismiss the proceedings without prejudice and detain the defendant for sufficient time to allow […]
