RCW 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 and for maintaining the level of restoration in the jail following the restoration period, a pending charge involving any one or more of the following crimes is a serious offense per se in the context of competency restoration:
(a) Any violent offense, sex offense, serious traffic offense, and most serious offense, as those terms are defined in RCW 9.94A.030;
(b) Any offense, except nonfelony counterfeiting offenses, included in crimes against persons in RCW 9.94A.411;
(c) Any offense contained in chapter 9.41 RCW (firearms and dangerous weapons);
(d) Any offense listed as domestic violence in RCW 10.99.020;
(e) Any offense listed as a harassment offense in chapter 9A.46 RCW;
(f) Any violation of chapter 69.50 RCW that is a class B felony; or
(g) Any city or county ordinance or statute that is equivalent to an offense referenced in this subsection.
(2)(a) In a particular case, a court may determine that a pending charge not otherwise defined as serious by state or federal law or by a city or county ordinance is, nevertheless, a serious offense within the context of competency restoration treatment when the conduct in the charged offense falls within the standards established in (b) of this subsection.
(b) To determine that the particular case is a serious offense within the context of competency restoration, the court must consider the following factors and determine that one or more of the following factors creates a situation in which the offense is serious:
(i) The charge includes an allegation that the defendant actually inflicted bodily or emotional harm on another person or that the defendant created a reasonable apprehension of bodily or emotional harm to another;
(ii) The extent of the impact of the alleged offense on the basic human need for security of the citizens within the jurisdiction;
(iii) The number and nature of related charges pending against the defendant;
(iv) The length of potential confinement if the defendant is convicted; and
(v) The number of potential and actual victims or persons impacted by the defendant's alleged acts.
[ 2014 c 10 § 2; 2008 c 213 § 2; 2004 c 157 § 3.]
NOTES:
Finding—2014 c 10: "The legislature finds that there is currently no clear language authorizing courts to order involuntary medications in order to maintain the level of competency restoration in the jail following a competency restoration period and subsequent discharge from a state hospital. This act specifies that maintenance of competency in jail is a purpose for which the court may order a criminal defendant facing serious charges to be involuntarily medicated." [ 2014 c 10 § 1.]
Findings—Intent—Severability—Effective date—2004 c 157: See notes following RCW 10.77.010.
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.