Revised Code of Washington
Chapter 10.77 - Criminally Insane—Procedures.
10.77.079 - Competency to stand trial—Continuation of competency process, dismissal of charges—Exceptions.

RCW 10.77.079
Competency to stand trial—Continuation of competency process, dismissal of charges—Exceptions.

(1) If the issue of competency to stand trial is raised by the court or a party under RCW 10.77.060, 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 use disorder professional, co-occurring disorder specialist, or developmental disabilities professional to determine the appropriate service needs for the defendant.
(2) This section does not apply to defendants with a current charge or prior conviction for a violent offense or sex offense as defined in RCW 9.94A.030, or a violation of RCW 9A.36.031(1) (d), (f), or (h).

[ 2019 c 444 § 8; 2015 1st sp.s. c 7 § 9.]
NOTES:

Finding—2015 1st sp.s. c 7: See note following RCW 10.77.075.


Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.075.

Structure Revised Code of Washington

Revised Code of Washington

Title 10 - Criminal Procedure

Chapter 10.77 - Criminally Insane—Procedures.

10.77.010 - Definitions.

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.

10.77.060 - Plea of not guilty due to insanity—Doubt as to competency—Evaluation—Bail—Report—Competency to stand trial status check.

10.77.065 - Mental condition evaluations—Reports and recommendations required—Discharge of defendant when determined competent to stand trial.

10.77.068 - 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...

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.

10.77.078 - Competency evaluation or restoration services—Offer of admission—City or county jail to transport defendant.

10.77.079 - Competency to stand trial—Continuation of competency process, dismissal of charges—Exceptions.

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.

10.77.0845 - Evaluation and determination of individual with developmental disability—Program placement—Admissions, limitation.

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.

10.77.145 - Authorization to leave facility where person is confined prohibited—Exceptions—Approval by secretary—Notification to county or city law enforcement agency.

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.

10.77.195 - Conditional release—Court approval—Compliance—Secretary to coordinate with designated treatment providers, department of corrections staff, and local law enforcement—Rules.

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.

10.77.230 - Appellate review.

10.77.240 - Existing rights not affected.

10.77.250 - Responsibility for costs—Reimbursement.

10.77.260 - Violent act—Presumptions.

10.77.270 - Independent public safety review panel—Members—Secretary to submit recommendation—Access to records—Support, rules—Report.

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.