RCW 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 danger to other persons, and does not 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, the court shall direct the defendant's release. If it is found that such defendant is a substantial danger to other persons, or presents 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, the court shall order his or her hospitalization, or any appropriate alternative treatment less restrictive than detention in a state mental hospital, pursuant to the terms of this chapter.
(2) If the defendant has been found not guilty by reason of insanity and a substantial danger, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, so as to require treatment then the secretary shall immediately cause the defendant to be evaluated to ascertain if the defendant is developmentally disabled. When appropriate, and subject to available funds, the defendant may be committed to a program specifically reserved for the treatment and training of developmentally disabled persons. A person so committed shall receive habilitation services according to an individualized service plan specifically developed to treat the behavior which was the subject of the criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others trained specifically in the needs of developmentally disabled persons. The treatment program shall provide physical security to a degree consistent with the finding that the defendant is dangerous and may incorporate varying conditions of security and alternative sites when the dangerousness of any particular defendant makes this necessary. The department may limit admissions to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services. The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.
(3) If it is found that such defendant is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, but that he or she is in need of control by the court or other persons or institutions, the court shall direct the defendant's conditional release.
[ 2000 c 94 § 14; 1998 c 297 § 39; 1989 c 420 § 6; 1983 c 25 § 1; 1979 ex.s. c 215 § 4; 1974 ex.s. c 198 § 10; 1973 1st ex.s. c 117 § 11.]
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.