RCW 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 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 him or her because of insanity existing at the time of the act charged?
. . . . .
3.
If your answer to number 2 is yes, is the defendant a substantial danger to other persons unless kept under further control by the court or other persons or institutions?
. . . . .
4.
If your answer to number 2 is yes, does the defendant present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions?
. . . . .
5.
If your answers to either number 3 or number 4 is yes, is it in the best interests of the defendant and others that the defendant be placed in treatment that is less restrictive than detention in a state mental hospital?
. . . . .
[ 1998 c 297 § 33; 1974 ex.s. c 198 § 4; 1973 1st ex.s. c 117 § 4.]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Structure Revised Code of Washington
Chapter 10.77 - Criminally Insane—Procedures.
10.77.020 - Rights of person under this chapter.
10.77.025 - Maximum term of commitment or treatment.
10.77.027 - Eligible for commitment regardless of cause.
10.77.030 - Establishing insanity as a defense.
10.77.040 - Instructions to jury on special verdict.
10.77.050 - Mental incapacity as bar to proceedings.
10.77.070 - Examination rights of defendant's expert or professional person.
10.77.074 - Competency evaluation—Forensic navigator.
10.77.075 - Competency evaluation or competency restoration treatment—Court order.
10.77.080 - Motion for acquittal on grounds of insanity—Hearing—Findings.
10.77.084 - Stay of proceedings—Treatment—Restoration of competency—Commitment—Other procedures.
10.77.086 - Competency restoration—Procedure in felony charge.
10.77.088 - Competency restoration—Procedure in nonfelony charge.
10.77.089 - Competency restoration—Report to the governor and legislature.
10.77.091 - Placement—Secure facility—Treatment and rights—Custody—Reports.
10.77.092 - Involuntary medication—Serious offenses.
10.77.093 - Involuntary medication—Civil commitment.
10.77.094 - Antipsychotic medication, administration.
10.77.095 - Findings—Developmental disabilities.
10.77.097 - Records and reports accompany defendant upon transfer.
10.77.100 - Experts or professional persons as witnesses.
10.77.110 - Acquittal of crime.
10.77.120 - Care and treatment of committed person—Hearings—Release.
10.77.140 - Periodic examinations—Developmentally disabled—Reports—Notice to court.
10.77.150 - Conditional release—Application—Secretary's recommendation—Order—Procedure.
10.77.152 - Conditional release—Application—County of origin.
10.77.155 - Conditional release, furlough—Secretary's recommendation.
10.77.160 - Conditional release—Reports.
10.77.163 - Furlough—Notice—Temporary restraining order.
10.77.165 - Escape or disappearance—Notification requirements.
10.77.170 - Payments to conditionally released persons.
10.77.175 - Conditional release—Planning—Less restrictive alternative treatment.
10.77.180 - Conditional release—Periodic review of case.
10.77.190 - Conditional release—Revocation or modification of terms—Procedure.
10.77.200 - Release—Procedure.
10.77.205 - Sexual or violent offenders—Notice of release, escape, etc.—Definitions.
10.77.207 - Persons acquitted of sex offense due to insanity—Release of information authorized.
10.77.210 - Right to adequate care and treatment—Records and reports.
10.77.2101 - Implementation of legislative intent.
10.77.220 - Incarceration in correctional institution or facility prohibited—Exceptions.
10.77.240 - Existing rights not affected.
10.77.250 - Responsibility for costs—Reimbursement.
10.77.260 - Violent act—Presumptions.
10.77.280 - Office of forensic mental health services.
10.77.290 - Secretary to adopt rules—2015 1st sp.s. c 7.
10.77.300 - Immunity from liability—Detaining a person for medical clearance or treatment.
10.77.940 - Equal application of 1989 c 420—Evaluation for developmental disability.
10.77.950 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.