Washington Code 10.77.140 – Periodic examinations — Persons with developmental disability — Reports — Notice to court
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(1) Each person committed to a hospital or other facility or conditionally released pursuant to this chapter shall have a current examination of his or her mental condition made by one or more experts or professional persons at least once every six months. The person may retain, or if the person is indigent and so requests, the court shall assist the person in obtaining a qualified expert or professional person to examine him or her, and such expert or professional person shall have access to all hospital records concerning the person. An expert or professional person obtained by an indigent person who is committed to state psychiatric care following acquittal by reason of insanity shall be compensated out of funds of the office of public defense as provided in policies and procedures under chapter 2.70 RCW, in a manner consistent with the rules of professional conduct and the standards for indigent defense.
Terms Used In Washington Code 10.77.140
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Commitment: means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less-restrictive setting. See Washington Code 10.77.010
- Developmental disabilities professional: means a person who has specialized training and experience in directly treating or working with persons with developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary. See Washington Code 10.77.010
- Developmental disability: means the condition as defined in RCW 71A. See Washington Code 10.77.010
- Indigent: means any person who is indigent as defined in RCW 10. See Washington Code 10.77.010
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- 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
(2) In the case of a committed or conditionally released person who has a developmental disability, the expert shall be a developmental disabilities professional. The secretary, upon receipt of the periodic report, shall provide written notice to the court of commitment of compliance with the requirements of this section.
[ 2023 c 120 § 7; 1998 c 297 § 40; 1989 c 420 § 8; 1974 ex.s. c 198 § 12; 1973 1st ex.s. c 117 § 14.]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.