52 chapters · 541 sections in this title.
RCW 10.77.620 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:(1) The clerk of the court shall provide the court order and the charging documents, including the request for bail and certifi…
RCW 10.77.625 Competency evaluation or restoration services—Offer of admission—City or county jail to transport defendant.
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(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 services.(2) City and county jails must coo…
RCW 10.77.630 Competency to stand trial—Continuation of competency process, dismissal of charges—Exceptions.
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(1) If the issue of competency to stand trial is raised by the court or a party under *RCW 10.77.400, the prosecutor may continue with the competency process or dismiss the charges without prejudice and refer the defendant for assessment by a mental health professional, substance…
RCW 10.77.635 Stay of proceedings—Treatment—Restoration of competency—Commitment—Other procedures.
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(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 10.77.400, a defendant is incompetent, the court shall order the proceedings against the defendant be stayed except as provided in subsection (4) o…
RCW 10.77.640 Evaluation and determination of individual with developmental disability—Program placement—Admissions, limitation.
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(1) A defendant found incompetent by the court under *RCW 10.77.635 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 10.77.645 Competency restoration—Procedure in felony charge.
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(1)(a) Except as otherwise provided in this section, 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…
RCW 10.77.650 Competency restoration—Procedure in nonfelony charge.
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(1) If the defendant is charged with a nonfelony crime which is a serious offense as identified in *RCW 10.77.665 and found by the court to be not competent, the court shall first consider all available and appropriate alternatives to inpatient competency restoration. If the part…
RCW 10.77.655 Program placement—Outpatient—Prescriber access.
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An outpatient competency restoration program must include access to a prescriber.[ 2023 c 453 s 16. Formerly RCW 10.77.0885.]Notes:Findings—2023 c 453: See note following RCW 10.77.400.
RCW 10.77.660 Competency restoration—Report to the governor and legislature.
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The authority shall report annually to the governor and relevant committees of the legislature, beginning November 1, 2022, and shall make the report public, describing:(1) How many individuals are being served by outpatient competency restoration programs and in what locations;(…
RCW 10.77.665 Involuntary medication—Serious offenses.
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(1) For purposes of determining whether a court may authorize involuntary medication for the purpose of competency restoration pursuant to *RCW 10.77.635 and for maintaining the level of restoration in the jail following the restoration period, a pending charge involving any one …
RCW 10.77.670 Involuntary medication—Civil commitment.
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When the court must make a determination whether to order involuntary medications for the purpose of competency restoration or for maintenance of competency, the court shall inquire, and shall be told, and to the extent that the prosecutor or defense attorney is aware, whether th…
RCW 10.77.675 Individuals not competent to stand trial and not restorable.
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(1) Following a competency evaluation under *RCW 10.77.400, individuals who are found not competent to stand trial and not restorable due to an intellectual or developmental disability, dementia, or traumatic brain injury, shall not be referred for competency restoration services…
RCW 10.77.680 Clinical intervention specialists.
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(1) Subject to the security and background investigation requirements of the jail, jails shall allow clinical intervention specialists to have access to individuals who are referred to receive services under this chapter and to all records relating to the health or conduct of the…