Revised Code of Washington - RCW Title 10 Criminal Procedure - Chapter 10.77 Criminally Insane -- Procedures

10.77.010 Definitions
As used in this chapter: (1) "Admission" means acceptance based on medical necessity, of a person as a patient. (2) "Commitment" means the determination by ...

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 ...

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 ...

10.77.027 Eligible for commitment regardless of cause
When a *county designated mental health professional or a professional person has determined that a person has a mental disorder, and is otherwise committable, the ...

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 ...

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 ...

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 § ...

10.77.060 Plea of not guilty due to insanity -- Doubt as to competency -- Examination -- Bail -- Report
(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 ...

10.77.065 Mental condition evaluations -- Reports and recommendations required
(1)(a)(i) The facility conducting the evaluation shall provide its report and recommendation to the court in which the criminal proceeding is pending. A copy of ...

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 ...

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 ...

10.77.084 Stay of proceedings -- Findings -- Evaluation, 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 ...

10.77.086 Commitment -- 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 ...

10.77.088 Placement -- Procedure in nonfelony charge
(1)(a) 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 ...

10.77.092 Involuntary medication--Serious offenses
(1) For purposes of determining whether a court may authorize involuntary medication for the purpose of competency restoration pursuant to RCW 10.77.084, a pending charge ...

10.77.093 Involuntary medication--Civil commitment
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 ...

10.77.095 Findings -- Developmental disabilities
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. ...

10.77.097 Records and reports accompany defendant upon transfer
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 ...

10.77.100 Experts or professional persons as witnesses
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 ...

10.77.110 Acquittal of crime
(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 ...

10.77.120 Confinement of committed person -- Custody -- Hearings -- Release
The secretary shall forthwith provide adequate care and individualized treatment at one or several of the state institutions or facilities under his or her direction ...

10.77.140 Periodic examinations -- Developmentally disabled -- Reports -- Notice to court
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 ...

10.77.150 Conditional release -- Application -- Order -- Procedure
(1) Persons examined pursuant to RCW 10.77.140 may make application to the secretary for conditional release. The secretary shall, after considering the reports of experts ...

10.77.155 Conditional release, furlough -- Secretary's recommendation
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 ...

10.77.160 Conditional release -- Reports
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 ...

10.77.163 Furlough -- Notice -- Temporary restraining order
(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 ...

10.77.165 Escape or disappearance -- Notification requirements
In the event of an escape by a person committed under this chapter from a state institution or the disappearance of such a person on ...

10.77.170 Payments to conditionally released persons
As funds are available, the secretary may provide payment to a person conditionally released pursuant to RCW 10.77.150, consistent with the provisions of RCW 72.02.100 ...

10.77.180 Conditional release -- Periodic review of case
Each person conditionally released pursuant to RCW 10.77.150 shall have his or her case reviewed by the court which conditionally released him or her no ...

10.77.190 Conditional release -- Revocation or modification of terms -- Procedure
(1) Any person submitting reports pursuant to RCW 10.77.160, the secretary, or the prosecuting attorney may petition the court to, or the court on its ...

10.77.200 Release -- Procedure
(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 ...

10.77.205 Sexual or violent offenders -- Notice of release, escape, etc. -- Definitions
(1)(a) At the earliest possible date, and in no event later than thirty days before conditional release, release, authorized furlough pursuant to RCW 10.77.163, or ...

10.77.207 Persons acquitted of sex offense due to insanity -- Release of information authorized
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 ...

10.77.210 Right to adequate care and treatment -- Records and reports
(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. ...

10.77.2101 Implementation of legislative intent
In developing rules under RCW 10.77.210(2), the department shall implement the following legislative intent: Increasing public safety; and making decisions based on a person's current ...

10.77.220 Incarceration in correctional institution or facility prohibited -- Exceptions
No person confined pursuant to this chapter shall be incarcerated in a state correctional institution or facility: PROVIDED, That nothing herein shall prohibit confinement in ...

10.77.230 Appellate review
Either party may seek appellate review of the judgment of any hearing held pursuant to the provisions of this chapter.[1988 c 202 § 16; 1974 ...

10.77.240 Existing rights not affected
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, ...

10.77.250 Responsibility for costs -- Reimbursement
The department shall be responsible for all costs relating to the evaluation and treatment of persons committed to it pursuant to any provisions of this ...

10.77.260 Violent act -- Presumptions
(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 ...

10.77.900 Savings -- Construction -- 1973 1st ex.s. c 117
(1) Any acts done before July 1, 1973 and any proceedings then pending and any constitutional right or any action taken in any proceeding pending ...

10.77.910 Severability -- 1973 1st ex.s. c 117
If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or its application ...

10.77.920 Chapter successor to chapter 10.76 RCW
Sections 1 through 27 of this act shall constitute a new chapter in Title 10 RCW, and shall be considered the successor chapter to *chapter ...

10.77.930 Effective date -- 1973 1st ex.s. c 117
This act shall take effect on July 1, 1973.[1973 1st ex.s. c 117 § 30.] ...

10.77.940 Equal application of 1989 c 420 -- Evaluation for developmental disability
The provisions of chapter 420, Laws of 1989 shall apply equally to persons in the custody of the department on May 13, 1989, who were ...