Title 10 — Title 10 CRIMINAL PROCEDURE
52 chapters · 541 sections in this title.
RCW 10.77.010 Definitions.
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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) "Clinical intervention specialist" means a licensed professional with prescribing authority who is em…
RCW 10.77.103 Rights of person under this chapter.
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(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. Prior to acquittal by re…
RCW 10.77.106 Eligible for commitment regardless of cause.
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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 s …
RCW 10.77.109 Medication—When substitution permitted.
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(1) When an individual has a prescription for an antipsychotic, antidepressant, antiepileptic, or other drug prescribed to the individual to treat a serious mental illness by a state hospital or other state facility or a behavioral health agency or other certified medical provide…
RCW 10.77.113 Findings—Developmental disabilities.
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The legislature finds that among those persons who endanger the safety of others by committing crimes are a small number of persons with developmental disabilities. While their conduct is not typical of the vast majority of persons with developmental disabilities who are responsi…
RCW 10.77.116 Records and reports accompany defendant upon transfer.
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A copy of relevant records and reports as defined by the department, in consultation with the department of corrections, made pursuant to this chapter, and including relevant information necessary to meet the requirements of *RCW 10.77.405(1) and 10.77.635, shall accompany the de…
RCW 10.77.119 Right to adequate care and treatment—Records and reports.
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(1) Any person involuntarily detained, hospitalized, or committed pursuant to the provisions of this chapter shall have the right to adequate care and individualized treatment. The person who has custody of the patient or is in charge of treatment shall keep records detailing all…
RCW 10.77.123 Appellate review.
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Either party may seek appellate review of the judgment of any hearing held pursuant to the provisions of this chapter.[ 1988 c 202 s 16; 1974 ex.s. c 198 s 18; 1973 1st ex.s. c 117 s 23. Formerly RCW 10.77.230.]Notes:Rules of court: Cf. RAP 2.2, 18.22.Severability—1988 c 202: See…
RCW 10.77.126 Existing rights not affected.
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Nothing in this chapter shall prohibit a person presently committed from exercising a right presently available to him or her for obtaining release from confinement, including the right to petition for a writ of habeas corpus.[ 1999 c 13 s 3; 1973 1st ex.s. c 117 s 24. Formerly R…
RCW 10.77.129 Responsibility for costs—Reimbursement.
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(1) Within amounts appropriated, the department shall be responsible for all costs relating to the evaluation and inpatient treatment of persons committed to it pursuant to any provisions of this chapter, and the logistical and supportive services pertaining thereto except as oth…
RCW 10.77.133 Capital grants.
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(1) The department shall coordinate with cities, counties, hospitals, and other public and private entities to identify locations that may be commissioned or renovated for use in treating clients committed to the department for competency evaluation, competency restoration, civil…
RCW 10.77.136 Violent act—Presumptions.
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(1) In determining whether a defendant has committed a violent act the court must:(a) Presume that a past conviction, guilty plea, or finding of not guilty by reason of insanity establishes the elements necessary for the crime charged;(b) Consider that the elements of a crime may…
RCW 10.77.139 Independent public safety review panel—Members—Secretary to submit recommendation—Access to records—Support, rules—Report.
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(1) The secretary shall establish an independent public safety review panel for the purpose of advising the secretary and the courts with respect to persons who have been found not guilty by reason of insanity, or persons committed under the involuntary treatment act where the co…
RCW 10.77.143 Data collection.
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The department shall collect data so that information can be retrieved based on unique individuals, their complete Washington criminal history and referrals for forensic services.[ 2023 c 453 s 18. Formerly RCW 10.77.275.]Notes:Findings—2023 c 453: See note following RCW 10.77.40…
RCW 10.77.146 Office of forensic mental health services.
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(1) In order to prioritize goals of accuracy, prompt service to the court, quality assurance, and integration with other services, an office of forensic mental health services is established within the department of social and health services. The office shall be led by a directo…
RCW 10.77.149 Immunity from liability—Detaining a person for medical clearance or treatment.
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No officer of a public or private agency, nor the superintendent, professional person in charge, his or her professional designee, or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapter, nor peace office…
RCW 10.77.215 Authorization to leave facility where person is confined prohibited—Exceptions—Approval by secretary—Notification to county or city law enforcement agency.
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(1) No person committed to the custody of the department for the determination of competency to stand trial under *RCW 10.77.400, the restoration of competency for trial under *RCW 10.77.635, 10.77.645, or 10.77.650, or following an acquittal by reason of insanity shall be author…
RCW 10.77.225 Furlough—Notice—Temporary restraining order.
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(1) Before a person committed under this chapter is permitted temporarily to leave a treatment facility for any period of time without constant accompaniment by facility staff, the superintendent, professional person in charge of a treatment facility, or his or her professional d…
RCW 10.77.315 Escape or disappearance—Notification requirements.
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(1) In the event of an escape by a person committed under this chapter from a state facility or the disappearance of such a person on conditional release or other authorized absence, the superintendent shall provide notification of the person's escape or disappearance for the pub…
RCW 10.77.325 Sexual or violent offenders—Notice of release, escape, etc.—Definitions.
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(1)(a) At the earliest possible date, and in no event later than 30 days before conditional release, release, authorized furlough pursuant to *RCW 10.77.225, or transfer to a less-restrictive facility than a state mental hospital, the superintendent shall send written notice of t…
RCW 10.77.335 Persons acquitted of sex offense due to insanity—Release of information authorized.
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In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information necessary to protect the public concerning a person who was acquitted of a sex offense as defined in RCW 9.94A.…
RCW 10.77.400 Plea of not guilty due to insanity—Doubt as to competency—Evaluation—Bail—Report—Competency to stand trial status check.
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(1)(a) Whenever a defendant has pleaded not guilty by reason of insanity, the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate a qualified expert or professional person, who shall be approved by the prosecuting attor…
RCW 10.77.405 Mental condition evaluations—Reports and recommendations required—Discharge of defendant when determined competent to stand trial.
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(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 cannot be completed within twenty…
RCW 10.77.410 Examination rights of defendant's expert or professional person.
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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 and psychological rec…
RCW 10.77.415 Experts or professional persons as witnesses.
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Subject to the rules of evidence, experts or professional persons who have reported pursuant to this chapter may be called as witnesses at any proceeding held pursuant to this chapter. Both the prosecution and the defendant may summon any other qualified expert or professional pe…
RCW 10.77.500 Maximum term of commitment or treatment.
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(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 treat…
RCW 10.77.505 Establishing insanity as a defense.
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(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.(2) Insanity is a defense …
RCW 10.77.510 Instructions to jury on special verdict.
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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 number 1 is yes, do you acquit hi…
RCW 10.77.515 Motion for acquittal on grounds of insanity—Hearing—Findings.
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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. At the hearing upon the motio…
RCW 10.77.520 Placement—Secure facility—Treatment and rights—Custody—Reports.
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(1) If the secretary determines in writing that a person committed to the custody of the secretary for treatment as criminally insane presents an unreasonable safety risk which, based on behavior, clinical history, and facility security is not manageable in a state hospital setti…
RCW 10.77.525 Antipsychotic medication, administration.
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(1) A state hospital may administer antipsychotic medication without consent to an individual who is committed under this chapter as criminally insane by following the same procedures applicable to the administration of antipsychotic medication without consent to a civilly commit…
RCW 10.77.530 Acquittal of crime.
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(1) If a defendant is acquitted of a crime by reason of insanity, and it is found that he or she is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under furth…
RCW 10.77.535 Care and treatment of committed person—Hearings—Release.
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(1) The secretary shall provide adequate care and individualized treatment to persons found criminally insane at one or several of the state institutions or facilities under the direction and control of the secretary. In order that the secretary may adequately determine the natur…
RCW 10.77.540 Treatment and training—Persons with developmental disabilities.
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If the defendant has been found not guilty by reason of insanity and a substantial danger, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, so as to require treatment then the secretary shall immediately cause the defendant …
RCW 10.77.545 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, …
RCW 10.77.550 Conditional release—Application—Secretary's recommendation—Order—Procedure.
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(1) Persons examined pursuant to *RCW 10.77.545 may make application to the secretary for conditional release. The secretary shall, after considering the reports of experts or professional persons conducting the examination pursuant to *RCW 10.77.545, forward to the court of the …
RCW 10.77.555 Conditional release—Application—County of origin.
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(1) In determining whether to support an application for conditional release on behalf of a person committed as criminally insane which would permit the person to reside outside of a state hospital, the secretary may not support a conditional release application to a location out…
RCW 10.77.560 Conditional release, furlough—Secretary's recommendation.
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No court may, without a hearing, enter an order conditionally releasing or authorizing the furlough of a person committed under this chapter, unless the secretary has recommended the release or furlough. If the secretary has not recommended the release or furlough, a hearing shal…
RCW 10.77.565 Conditional release—Reports.
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When a conditionally released person is required by the terms of his or her conditional release to report to a physician, department of corrections community corrections officer, or medical or mental health practitioner on a regular or periodic basis, the physician, department of…
RCW 10.77.570 Payments to conditionally released persons.
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As funds are available, the secretary may provide payment to a person conditionally released pursuant to *RCW 10.77.550, consistent with the provisions of RCW 72.02.100 and 72.02.110, and may adopt rules and regulations to do so.[ 1973 1st ex.s. c 117 s 17. Formerly RCW 10.77.170…
RCW 10.77.575 Conditional release—Planning—Less restrictive alternative treatment.
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(1) Conditional release planning should start at admission and proceed in coordination between the department and the person's managed care organization, or behavioral health administrative services organization if the person is not eligible for medical assistance under chapter 7…
RCW 10.77.580 Conditional release—Periodic review of case.
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Each person conditionally released pursuant to *RCW 10.77.550 shall have his or her case reviewed by the court which conditionally released him or her no later than one year after such release and no later than every two years thereafter, such time to be scheduled by the court. R…
RCW 10.77.585 Conditional release—Revocation or modification of terms—Procedure.
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(1) Any person submitting reports pursuant to *RCW 10.77.565, the secretary, or the prosecuting attorney may petition the court to, or the court on its own motion may schedule an immediate hearing for the purpose of modifying the terms of conditional release if the petitioner or …
RCW 10.77.590 Conditional release—Court approval—Compliance—Secretary to coordinate with designated treatment providers, department of corrections staff, and local law enforcement—Rules.
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For persons who have received court approval for conditional release, the secretary or the secretary's designee shall supervise the person's compliance with the court-ordered conditions of release in coordination with the multidisciplinary transition team appointed under *RCW 10.…
RCW 10.77.595 Release—Procedure.
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(1) Upon application by the committed or conditionally released person, the secretary shall determine whether or not reasonable grounds exist for release. In making this determination, the secretary may consider the reports filed under *RCW 10.77.400, 10.77.530, 10.77.545, and 10…
RCW 10.77.597 Incarceration in correctional institution or facility prohibited—Exceptions.
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No person who is criminally insane confined pursuant to this chapter shall be incarcerated in a state correctional institution or facility. This section does not apply to confinement in a mental health facility located wholly within a correctional institution. Confinement of a pe…
RCW 10.77.600 Mental incapacity as bar to proceedings.
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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 s 5; 1973 1st ex.s. c 117 s 5. Formerly RCW 10.77.050.]
RCW 10.77.605 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.
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(1)(a) The legislature establishes a performance target of seven days or fewer to extend an offer of admission to a defendant in pretrial custody for inpatient competency evaluation or inpatient competency restoration services, when access to the services is legally authorized.(b…
RCW 10.77.610 Forensic navigator program—Forensic navigator duties—Diversion program.
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(1) In counties with a forensic navigator program, a forensic navigator shall:(a) Meet, interview, and observe all defendants charged with a nonfelony, or a class C felony other than assault in the third degree under RCW 9A.36.031(1) (d) or (f), felony physical control of a vehic…
RCW 10.77.615 Competency evaluation—Forensic navigator.
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(1) Subject to the limitations described in subsection (2) of 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 and shall appoint a forensic navigato…