Washington 2021-2022 Regular Session Status: Passed Senate 3 D cosponsors

SB 5210 — Concerning updates to competency restoration order requirements.

Last action — Senate Rules "X" file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

114 added · 118 removed

Plain-language change summary

In the latest version of SB 5210, one significant change is the removal of the requirement for defendants to comply with breathalyzer monitoring alongside urinalysis testing as part of the outpatient competency restoration program. Instead, the focus is now solely on medication management and regular urinalysis testing for those with a substance use disorder diagnosis. This change may streamline the monitoring process and reduce some burdens on defendants while still ensuring necessary oversight during their competency restoration.

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S-0682.1 SUBSTITUTE SENATE BILL 5210 State of Washington 67th Legislature 2021 Regular Session By Senate Behavioral Health Subcommittee to Health & Long Term Care (originally sponsored by Senators Dhingra, Darneille, Kuderer, Nguyen, and Wilson, C.;
Z-0123.1 SENATE BILL 5210 State of Washington 67th Legislature 2021 Regular Session By Senators Dhingra, Darneille, Kuderer, Nguyen, and Wilson, C.;
by request of Department of Social and Health Services) READ FIRST TIME 02/01/21.
by request of Department of Social and Health Services Read first time 01/14/21.
Referred to Committee on Health & Long Term Care.
((and)) p.
and p.
1 SSB 5210 (II) Abstain from alcohol and unprescribed drugs;
1 SB 5210 (II) Abstain from alcohol and unprescribed drugs.
and (III) Comply with urinalysis or breathalyzer monitoring if needed.
(E) The court may not issue an order for outpatient competency restoration unless the department certifies that there is an available appropriate outpatient competency restoration program that p.
(E) The court may not issue an order for outpatient competency restoration unless the department certifies that there is an available appropriate outpatient competency restoration program that has adequate space for the person at the time the order is issued or p.
2 SSB 5210 has adequate space for the person at the time the order is issued or the court places the defendant under the guidance and control of a professional person identified in the court order.
2 SB 5210 the court places the defendant under the guidance and control of a professional person identified in the court order.
3 SSB 5210 (4) For persons charged with a felony, at the hearing upon the expiration of the second restoration period or at the end of the first restoration period in the case of a defendant with a developmental disability, if the jury or court finds that the defendant is incompetent, or if the court or jury at any stage finds that the defendant is incompetent and the court determines that the defendant is unlikely to regain competency, the charges shall be dismissed without prejudice, and the court shall order the defendant be committed to a state hospital as defined in RCW 72.23.010 for up to ((seventy-two)) 72 hours starting from admission to the facility, excluding Saturdays, Sundays, and holidays, for evaluation for the purpose of filing a civil commitment petition under chapter 71.05 RCW.
3 SB 5210 (4) For persons charged with a felony, at the hearing upon the expiration of the second restoration period or at the end of the first restoration period in the case of a defendant with a developmental disability, if the jury or court finds that the defendant is incompetent, or if the court or jury at any stage finds that the defendant is incompetent and the court determines that the defendant is unlikely to regain competency, the charges shall be dismissed without prejudice, and the court shall order the defendant be committed to a state hospital as defined in RCW 72.23.010 for up to ((seventy-two)) 120 hours starting from admission to the facility, excluding Saturdays, Sundays, and holidays, for evaluation for the purpose of filing a civil commitment petition under chapter 71.05 RCW.
4 SSB 5210 history, prior history in treatment, prior history of violence, the quality and severity of the pending charges, any history that suggests whether or not competency restoration treatment is likely to be successful, in addition to the factors listed under RCW 10.77.092.
4 SB 5210 history, prior history in treatment, prior history of violence, the quality and severity of the pending charges, any history that suggests whether or not competency restoration treatment is likely to be successful, in addition to the factors listed under RCW 10.77.092.
((and)) (B) Abstain from alcohol and unprescribed drugs;
and (B) Abstain from alcohol and unprescribed drugs.
and (C) Comply with urinalysis or breathalyzer monitoring if needed.
5 SSB 5210 significant changes with respect to the defendant to the department and, if applicable, the forensic navigator.
5 SB 5210 significant changes with respect to the defendant to the department and, if applicable, the forensic navigator.
6 SSB 5210 (d)(i) If the proceedings are dismissed under RCW 10.77.084 and the defendant was on conditional release at the time of dismissal, the court shall order the designated crisis responder within that county to evaluate the defendant pursuant to chapter 71.05 RCW.
6 SB 5210 (d)(i) If the proceedings are dismissed under RCW 10.77.084 and the defendant was on conditional release at the time of dismissal, the court shall order the designated crisis responder within that county to evaluate the defendant pursuant to chapter 71.05 RCW.
(ii) If the defendant was in custody and not on conditional release at the time of dismissal, the defendant shall be detained and sent to an evaluation and treatment facility for up to ((seventy- two)) 72 hours, excluding Saturdays, Sundays, and holidays, for evaluation for purposes of filing a petition under chapter 71.05 RCW.
(ii) If the defendant was in custody and not on conditional release at the time of dismissal, the defendant shall be detained and sent to an evaluation and treatment facility for up to ((seventy- two)) 120 hours, excluding Saturdays, Sundays, and holidays, for evaluation for purposes of filing a petition under chapter 71.05 RCW.
The ((seventy-two)) 72-hour period shall commence upon the next nonholiday weekday following the court order and shall run to the end of the last nonholiday weekday within the ((seventy-two-)) 72-hour period.
The ((seventy-two)) 120-hour period shall commence upon the next nonholiday weekday following the court order and shall run to the end of the last nonholiday weekday within the ((seventy-two-)) 120-hour period.
7 SSB 5210
7 SB 5210
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Action History

  1. Senate Rules "X" file.

  2. By resolution, reintroduced and retained in present status.

  3. By resolution, returned to Senate Rules Committee for third reading.

  4. Scheduled for public hearing in the House Committee on Civil Rights & Judiciary at 08:00 AM

  5. Referred to Rules 2 Review.

  6. CRJ - Majority; do pass.

  7. Executive action taken in the House Committee on Civil Rights & Judiciary at 8:00 AM.

  8. Scheduled for public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM

  9. Public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM.

  10. First reading, referred to Civil Rights & Judiciary.

  11. Third reading, passed; yeas, 49; nays, 0; absent, 0; excused, 0.

  12. Rules suspended. Placed on Third Reading.

  13. 1st substitute bill substituted (BH 21).

  14. Placed on second reading by Rules Committee.

  15. Passed to Rules Committee for second reading.

  16. Scheduled for public hearing in the Senate Committee on Behavioral Health Subcommittee to Health & Long Term Care at 10:30 AM

  17. BH - Majority; 1st substitute bill be substituted, do pass.

  18. Executive action taken in the Senate Committee on Behavioral Health Subcommittee to Health & Long Term Care at 10:30 AM.

  19. Scheduled for public hearing in the Senate Committee on Behavioral Health Subcommittee to Health & Long Term Care at 10:30 AM

  20. Public hearing in the Senate Committee on Behavioral Health Subcommittee to Health & Long Term Care at 10:30 AM.

  21. Scheduled for public hearing in the Senate Committee on Health & Long Term Care at 08:00 AM

  22. Referred to Behavioral Health Subcommittee to Health & Long Term Care.

  23. Executive action taken in the Senate Committee on Health & Long Term Care at 8:00 AM.

  24. First reading, referred to Health & Long Term Care.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 146 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (146)

146 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading & Final Passage (#4)

Passed 49 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Republican 13000
Democrat 16000
Total 49000
% of votes cast 100%0%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Brown — Yea
Carlyle — Yea
Darneille — Yea
Das — Yea
Ericksen — Yea
Frockt — Yea
Hawkins — Yea
Hobbs — Yea
Honeyford — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Sheldon — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 5210?
SB 5210 is sponsored by Kuderer, Darneille, Manka Dhingra (Democrat), Joe Nguyen (Democrat), and Claire Wilson (Democrat).
What is the current status of SB 5210?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 5210?
Track SB 5210 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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