RCW 10.77.120
Care and treatment of committed person—Hearings—Release.
(1) The secretary shall provide adequate care and individualized treatment to persons found criminally insane at one or several of the state institutions or facilities under the direction and control of the secretary. In order that the secretary may adequately determine the nature of the mental illness or developmental disability of the person committed as criminally insane, all persons who are committed to the secretary as criminally insane shall be promptly examined by qualified personnel in order to provide a proper evaluation and diagnosis of such individual. The examinations of all persons with developmental disabilities committed under this chapter shall be performed by developmental disabilities professionals. Any person so committed shall not be released from the control of the secretary except by order of a court of competent jurisdiction made after a hearing and judgment of release.
(2) Whenever there is a hearing which the committed person is entitled to attend, the secretary shall send the person in the custody of one or more department employees to the county in which the hearing is to be held at the time the case is called for trial. During the time the person is absent from the facility, the person may be confined in a facility designated by and arranged for by the department, but shall at all times be deemed to be in the custody of the department employee and provided necessary treatment. If the decision of the hearing remits the person to custody, the department employee shall return the person to such institution or facility designated by the secretary. If the state appeals an order of release, such appeal shall operate as a stay, and the person shall remain in custody and be returned to the institution or facility designated by the secretary until a final decision has been rendered in the cause.
[ 2010 c 263 § 4; 2000 c 94 § 15; 1989 c 420 § 7; 1974 ex.s. c 198 § 11; 1973 1st ex.s. c 117 § 12.]
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.