RCW 10.77.091
Placement—Secure facility—Treatment and rights—Custody—Reports.
(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 setting, and the secretary has given consideration to reasonable alternatives that would be effective to manage the behavior, the secretary may place the person in any secure facility operated by the secretary or the secretary of the department of corrections. The secretary's written decision and reasoning must be documented in the patient's medical file. Any person affected by this provision shall receive appropriate mental health treatment governed by a formalized treatment plan targeted at mental health rehabilitation needs and shall be afforded his or her rights under RCW 10.77.140, 10.77.150, and 10.77.200. The secretary of the department of social and health services shall retain legal custody of any person placed under this section and review any placement outside of a department mental health hospital every three months, or sooner if warranted by the person's mental health status, to determine if the placement remains appropriate.
(2) Beginning December 1, 2010, and every six months thereafter, the secretary shall report to the governor and the appropriate committees of the legislature regarding the use of the authority under this section to transfer persons to a secure facility. The report shall include information related to the number of persons who have been placed in a secure facility operated by the secretary or the secretary of the department of corrections, and the length of time that each such person has been in the secure facility.
[ 2015 c 253 § 1; 2010 c 263 § 2.]
NOTES:
Effective date—2015 1st sp.s. c 7: "Section 1, chapter 253, Laws of 2015 is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2015." [ 2015 1st sp.s. c 7 § 20.]
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.