Washington Code 10.77.075 – Competency evaluation or competency restoration treatment — Court order
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Within twenty-four hours of the signing of a court order requesting the secretary to provide a competency evaluation or competency restoration treatment:
Terms Used In Washington Code 10.77.075
- Admission: means acceptance based on medical necessity, of a person as a patient. See Washington Code 10.77.010
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the state department of social and health services. See Washington Code 10.77.010
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Professional person: means :
Washington Code 10.77.010Secretary: means the secretary of the department of social and health services or his or her designee. See Washington Code 10.77.010 Treatment: means any currently standardized medical or mental health procedure including medication. See Washington Code 10.77.010
(1) The clerk of the court shall provide the court order and the charging documents, including the request for bail and certification of probable cause, to the state hospital. If the order is for competency restoration treatment and the competency evaluation was provided by a qualified expert or professional person who was not designated by the secretary, the clerk shall also provide the state hospital with a copy of all previous court orders related to competency or criminal insanity and a copy of any of the evaluation reports;
(2) The prosecuting attorney shall provide the discovery packet, including a statement of the defendant‘s criminal history, to the state hospital; and
(3) If the court order requires transportation of the defendant to a state hospital, the jail administrator shall provide the defendant’s medical clearance information to the state hospital admission staff.
NOTES:
Finding—2015 1st sp.s. c 7: “(1) The legislature finds that there are currently no alternatives to competency restoration provided in the state hospitals. Subject to the availability of amounts appropriated for this specific purpose, the legislature encourages the department of social and health services to develop, on a phased-in basis, alternative locations and increased access to competency restoration services under chapter 10.77 RCW for individuals who do not require inpatient psychiatric hospitalization level services.
(2) The department of social and health services shall work with counties and the court to develop a screening process to determine which individuals are safe to receive competency restoration treatment outside the state hospitals.” [ 2015 1st sp.s. c 7 § 1.]
Effective dates—2015 1st sp.s. c 7: “(1) Section 7 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 10, 2015].
(2) Sections 1 through 6 and 8 through 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2015.
(3) Section 16 of this act takes effect April 1, 2016.” [ 2015 1st sp.s. c 7 § 19.]