HB 2152 — Updating terminology related to criminal insanity and competency to stand trial.

15 SHBHB 2152 Sec.(5) Forensic navigators shall collaborate with available Trueblood settlement diversion programs if they are accessible in the geographic location where criminal charges are currently filed.

Sec.

If the court finds that ((competency)) ability to proceed has not been restored, the court shall dismiss the proceedings without prejudice, except that the court may order a further period of ((competency)) restoration treatment if it finds that further treatment within the time limits establishedp. by RCW 10.77.086 or 10.77.088 is likely to restore ((competency)) ability to proceed, and a further period of treatment is allowed under RCW 10.77.086 or 10.77.088.

p.16 HB 2152 established by RCW 10.77.086 or 10.77.088 is likely to restore ((competency)) ability to proceed, and a further period of treatment is allowed under RCW 10.77.086 or 10.77.088.

16 SHB 2152 (d) If at any time during the proceeding the court finds, following notice and hearing, a defendant is not likely to regain ((competency)) ability to proceed, the court shall dismiss the proceedings without prejudice and refer the defendant for civil commitment evaluation or proceedings if appropriate under RCW 10.77.065, 10.77.086, or 10.77.088.

For defendants charged with a felony, the report following the second ((competency)) restoration period or first ((competency)) restoration period if the defendant's ((incompetence)) inability to proceed is determined to be solely due to a developmental disability or the evaluator concludes that the p.

17 SHBHB 2152 period or first ((competency)) restoration period if the defendant's ((incompetence)) inability to proceed is determined to be solely due to a developmental disability or the evaluator concludes that the defendant is not likely to regain ((competency)) ability to proceed must include an assessment of the defendant's future dangerousness which is evidence-based regarding predictive validity.

Sec.p.

18 HB 2152 Sec.

(1)(a) Except as otherwise provided in this section, if the defendant is charged with a felony and determined to be p.((incompetent)) unable to proceed, until he or she has regained the ((competency)) ability to proceed necessary to understand the proceedings against him or her and assist in his or her own defense, but in any event for a period of no longer than 90 days, the court shall commit the defendant to the custody of the secretary for inpatient ((competency)) restoration, or may alternatively order the defendant to receive outpatient ((competency)) restoration based on a recommendation from a forensic navigator and input from the parties.

18 SHB 2152 ((incompetent)) unable to proceed, until he or she has regained the ((competency)) ability to proceed necessary to understand the proceedings against him or her and assist in his or her own defense, but in any event for a period of no longer than 90 days, the court shall commit the defendant to the custody of the secretary for inpatient ((competency)) restoration, or may alternatively order the defendant to receive outpatient ((competency)) restoration based on a recommendation from a forensic navigator and input from the parties.

(c) If the court orders outpatient ((competency)) restoration, the court shall modify conditions of release as needed to authorize the department to place the person in approved housing, which may include access to supported housing, affiliated with a contracted outpatientp. ((competency)) restoration program.

The19 department,HB in2152 conjunction with the health care authority, must establish rules for conditions of participation in the outpatient ((competency)) restoration program,program. which must include the defendant being subject p.

19The SHBdepartment, 2152in conjunction with the health care authority, must establish rules for conditions of participation in the outpatient ((competency)) restoration program, which must include the defendant being subject to medication management.

If medical clearance is required by the designated ((competency)) restoration facility before admission, the peace officer must transport the defendant to a crisis stabilization unit, evaluation and treatment facility, or emergency department of a local hospital for medical clearance once a bed is available at the designated inpatient ((competency)) restorationp. facility.

20 HB 2152 restoration facility.

This subsection does not preclude voluntary transportation of the defendant to a p.facility for inpatient ((competency)) restoration or for medical clearance, or authorize admission of the defendant into jail.

20 SHB 2152 facility for inpatient ((competency)) restoration or for medical clearance, or authorize admission of the defendant into jail.

(4) When any defendant whose highest charge is a class C felony other than assault in the third degree under RCW 9A.36.031(1) (d) or (f), felony physical control of a vehicle under RCW 46.61.504(6), felony hit and run resulting in injury under RCW 46.52.020(4)(b), a hate crime offense under RCW 9A.36.080, a class C felony with a domestic violence designation, a class C felony sex offense as defined in RCW 9.94A.030, or a class C felony with a sexual motivation allegation is admitted for inpatient ((competency)) restoration with an accompanying court order for involuntary medication under RCW 10.77.092, and the defendant is found not ((competent to stand)) able to proceed to trial following that period ofp. ((competency)) restoration, the court shall dismiss the charges pursuant to subsection (7) of this section.

(5)21 IfHB the2152 courtof determines((competency)) orrestoration, the partiescourt agreeshall beforedismiss the initialcharges ((competency))pursuant restorationto periodsubsection or(7) at any subsequent stage of thethis proceedingssection. that the defendant is unlikely to regain p.

21(5) SHBIf 2152the court determines or the parties agree before the initial ((competency)) restoration period or at any subsequent stage of the proceedings that the defendant is unlikely to regain ((competency)) ability to proceed, the court may dismiss the charges without prejudice without ordering the defendant to undergo an initial or further period of ((competency)) restoration treatment, in which case the court shall order that the defendant be referred for evaluation for civil commitment in the manner provided in subsection (7) of this section.

(7)(a) Except as provided in (b) of this subsection, at the hearing upon the expiration of the second ((competency)) restoration period, or at the end of the first ((competency)) restoration period if the defendant is ineligible for a second or third ((competency)) restoration period under subsection (3) or (6) of this section, if the jury or court finds that the defendant is ((incompetent to stand trial)) unable to proceed, the court shall dismiss the charges without prejudice and order the defendant to be committed to the department for placement in a facility operated or contracted by the department for up to 120 hours if the defendant has not undergone ((competency)) restoration services or has engaged in outpatient ((competency)) restoration services, and up to 72 hours if the defendant engaged in inpatient ((competency)) restoration services starting from admission to the facility, excluding Saturdays, p.

22 SHBHB 2152 department for up to 120 hours if the defendant has not undergone ((competency)) restoration services or has engaged in outpatient ((competency)) restoration services, and up to 72 hours if the defendant engaged in inpatient ((competency)) restoration services 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.

The forensic navigator must assist the individual, prosecuting attorney, defense attorney, and the court to understand the options available to the individual and be accountable as an officerp. of the court for faithful execution of the responsibilities outlined in this section.

23 HB 2152 officer of the court for faithful execution of the responsibilities outlined in this section.

p.(a) To collect relevant information about the individual, including behavioral health services and supports available to the individual that might support placement in outpatient restoration, diversion, or some combination of these;

23 SHB 2152 (a) To collect relevant information about the individual, including behavioral health services and supports available to the individual that might support placement in outpatient restoration, diversion, or some combination of these;

(ix)p. Attempting to follow-up with the individual to check whether the meeting with a community-based case manager took place;

24 HB 2152 (ix) Attempting to follow-up with the individual to check whether the meeting with a community-based case manager took place;

and p.(xi) Attempting to check up on the individual at least once per month for up to sixty days after coordinated transition to community behavioral health services, without duplicating the services of the community-based case manager;

24 SHB 2152 (xi) Attempting to check up on the individual at least once per month for up to sixty days after coordinated transition to community behavioral health services, without duplicating the services of the community-based case manager;

Withinp. twenty-four hours of the signing of a court order requesting the secretary to provide ((a competency)) an ability to proceed evaluation or ((competency)) restoration treatment:

(1)25 TheHB clerk2152 Within twenty-four hours of the courtsigning shallof providea the court order andrequesting the chargingsecretary documents,to includingprovide the((a requestcompetency)) foran bailability andto certificationproceed p.evaluation or ((competency)) restoration treatment:

25(1) SHBThe 2152clerk of the court shall provide the court order and the charging documents, including the request for bail and certification of probable cause, to the state hospital.

(1) If the defendant is charged with a nonfelony crime which is a serious offense as identified in RCW 10.77.092 and found by the court to be ((not competent)) unable to proceed, the court shall first consider all available and appropriate alternatives to inpatient ((competency))p. restoration.

26 HB 2152 ((competency)) restoration.

If the parties do not p.agree that there is an appropriate diversion program available to accept the defendant, then the court:

26 SHB 2152 agree that there is an appropriate diversion program available to accept the defendant, then the court:

and (iii)p. Comply with urinalysis or breathalyzer monitoring if needed.

(c)27 IfHB the2152 court(iii) ordersComply inpatientwith ((competency))urinalysis restoration,or thebreathalyzer departmentmonitoring shallif placeneeded. the defendant in an appropriate facility of p.

27(c) SHBIf 2152the court orders inpatient ((competency)) restoration, the department shall place the defendant in an appropriate facility of the department for ((competency)) restoration under subsection (3) of this section.

The department shall obtain a placement forp. the defendant within seven days of the notice of intent to terminate the outpatient ((competency)) restoration placement.

(i)28 TheHB department2152 mayfor authorizethe adefendant peacewithin officerseven todays detainof the defendantnotice intoof emergencyintent custodyto forterminate transportthe tooutpatient the((competency)) designatedrestoration p.placement.

28(i) SHBThe 2152department may authorize a peace officer to detain the defendant into emergency custody for transport to the designated inpatient ((competency)) restoration facility.

(4) Beginning October 1, 2023, if the defendant is charged with a serious traffic offense under RCW 9.94A.030, the court may order the clerk to transmit an order to the department of licensing for revocation of the defendant's driver's license for a period of one p.

29 SHBHB 2152 (4) Beginning October 1, 2023, if the defendant is charged with a serious traffic offense under RCW 9.94A.030, the court may order the clerk to transmit an order to the department of licensing for revocation of the defendant's driver's license for a period of one year.

The court must give notice to all parties at least 24 hours before thep. dismissal of any proceeding under this subsection, and provide an opportunity for a hearing on whether to dismiss the proceedings.

(8)30 IfHB at2152 any time the courtdismissal dismissesof chargesany proceeding under subsectionsthis (1)subsection, throughand (7)provide ofan thisopportunity section,for thea courthearing shallon makewhether ato findingdismiss asthe toproceedings. p.

30(8) SHBIf 2152at any time the court dismisses charges under subsections (1) through (7) of this section, the court shall make a finding as to whether the defendant has a history of one or more violent acts.

and (4) For individuals who were revoked from an outpatient ((competency)) restoration program into an inpatient ((competency)) restoration program, how many days the individuals spent in outpatientp. ((competency)) restoration treatment and inpatient ((competency)) restoration treatment, and whether the restoration programs resulted in a finding of ((competent to stand)) able to proceed to trial or another outcome.

p.31 HB 2152 outpatient ((competency)) restoration treatment and inpatient ((competency)) restoration treatment, and whether the restoration programs resulted in a finding of ((competent to stand)) able to proceed to trial or another outcome.

31 SHB 2152 Sec.

(b) To determine that the particular case is a serious offense within the context of ((competency)) restoration treatment, 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:

32 SHBHB 2152 (i)(b) TheTo chargedetermine includesthat anthe allegationparticular thatcase theis defendanta actuallyserious inflictedoffense bodilywithin orthe emotionalcontext harmof on((competency)) anotherrestoration persontreatment, orthe thatcourt must consider the defendantfollowing createdfactors aand reasonabledetermine apprehensionthat one or more of bodilythe orfollowing emotionalfactors harmcreates toa another;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;

(a) The substitution is for a generic version of a name brand drug and the generic version is chemically identical to the name brand drug;

or (b) The drug cannot be prescribed for reasons of drug recall or removal from the market, or medical evidence indicating no therapeutic effect of the drug.

33 SHBHB 2152 (2)(a) ThisThe sectionsubstitution includes but is notfor limiteda togeneric situationsversion inof which the individual returns to a jailname orbrand juveniledrug detentionand facilitythe directlygeneric afterversion undergoingis treatmentchemically atidentical ato statethe hospital,name behavioralbrand healthdrug; agency, outpatient ((competency)) restoration program, or prison.

or (b) The drug cannot be prescribed for reasons of drug recall or removal from the market, or medical evidence indicating no therapeutic effect of the drug.

(2) This section includes but is not limited to situations in which the individual returns to a jail or juvenile detention facility directly after undergoing treatment at a state hospital, behavioral health agency, outpatient ((competency)) restoration program, or prison.

Therefore, the legislature believes that, where appropriate, and subject to available funds, persons with developmental disabilities who have been charged with crimes that involve a threat to public safety or security and have been found ((incompetent to stand)) unable to proceed to trial or not guilty by reason of insanity should receive state services addressing their needs, that such services must be provided in conformance with an individual habilitation plan, and p.

34 SHBHB 2152 available funds, persons with developmental disabilities who have been charged with crimes that involve a threat to public safety or security and have been found ((incompetent to stand)) unable to proceed to trial or not guilty by reason of insanity should receive state services addressing their needs, that such services must be provided in conformance with an individual habilitation plan, and that their initial treatment should be separate and discrete from treatment for persons involved in any other treatment or habilitation program in a manner consistent with the needs of public safety.

(1)p. Upon application by the committed or conditionally released person, the secretary shall determine whether or not reasonable grounds exist for release.

35 HB 2152 (1) Upon application by the committed or conditionally released person, the secretary shall determine whether or not reasonable grounds exist for release.

If the p.secretary approves the release he or she then shall authorize the person to petition the court.

35 SHB 2152 secretary approves the release he or she then shall authorize the person to petition the court.

The burden of proof shall be upon the petitioner to show by a preponderance of the evidence that the person who is the subject of thep. petition no longer presents, as a result of a mental ((disease or defect)) health condition, a substantial danger to other persons, or 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.

If36 HB 2152 the personpetition whono islonger thepresents, subjectas a result of thea petitionmental will((disease beor transferreddefect)) disorder, a substantial danger to other persons, or a statesubstantial correctionallikelihood p.of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

36If SHBthe 2152person who is the subject of the petition will be transferred to a state correctional institution or facility upon release to serve a sentence for any class A felony, the petitioner must show that the person's mental ((disease or defect)) healthdisorder condition is manageable within a state correctional institution or facility, but must not be required to prove that the person does not present either a substantial danger to other persons, or a substantial likelihood of committing criminal acts jeopardizing public safety or security, if released.

(4) For purposes of this section, a person affected by a mental ((disease or defect)) healthdisorder condition in a state of remission is considered to have a mental ((disease or defect)) healthdisorder condition requiring supervision when the ((disease))disease condition may, with reasonable medical probability, occasionally become active and, when active, render the person a danger to others.

Upon a finding that the person who is the subject of the petition has a mental ((disease or defect)) healthdisorder condition in a state of remission under this subsection, the court may deny release, or place or continue such a person on conditional release.

The issue to be determined on such proceeding is whether the patient, as a result of a mental ((disease or defect)) healthdisorder, condition, 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.

Sec.p.

37 HB 2152 Sec.

(1) Following ((a competency)) an ability to proceed evaluation under RCW 10.77.060, individuals who are found ((not competent to stand trial)) unable to proceed and not restorable due to an intellectual or developmental disability, dementia, or traumatic p.brain injury, shall not be referred for ((competency)) restoration services.

37 SHB 2152 brain injury, shall not be referred for ((competency)) restoration services.

(i)p. Conduct an eligibility determination for services and send referral packets to service providers for all relevant community- based services for which the individual is eligible.

This38 processHB must2152 include(i) identifyingConduct andan coordinatingeligibility fundingdetermination for anyservices additionaland supportssend thatreferral arepackets needed to stabilizeservice theproviders individualfor inall anyrelevant community-basedcommunity- settingbased fundedservices byfor which the developmentalindividual disabilitiesis p.eligible.

38This SHBprocess 2152must include identifying and coordinating funding for any additional supports that are needed to stabilize the individual in any community-based setting funded by the developmental disabilities administration or aging and long-term support administration, including submitting any necessary exceptions to rule for additional services;

It is sufficient to meet the criteria for participation in this program if the individual has recently been the subject of criminal charges and was found ((incompetent to stand trial))p. unable to proceed due to an intellectual or developmental disability, traumatic brain injury, or dementia.

39 HB 2152 trial)) unable to proceed due to an intellectual or developmental disability, traumatic brain injury, or dementia.

(1) Within amounts appropriated, the department shall be responsible for all costs relating to the evaluation and inpatient p.treatment of persons committed to it pursuant to any provisions of this chapter, and the logistical and supportive services pertaining thereto except as otherwise provided by law.

39 SHB 2152 treatment of persons committed to it pursuant to any provisions of this chapter, and the logistical and supportive services pertaining thereto except as otherwise provided by law.

Thep. panel shall provide advice regarding all recommendations to the secretary, decisions by the secretary, or actions pending in court:

40 HB 2152 The panel shall provide advice regarding all recommendations to the secretary, decisions by the secretary, or actions pending in court:

p.(2) The members of the public safety review panel shall be appointed by the governor for a renewable term of three years and shall include the following:

40 SHB 2152 (2) The members of the public safety review panel shall be appointed by the governor for a renewable term of three years and shall include the following:

(4) The secretary shall notify the public safety review panel at appropriate intervals concerning any changes in the commitment or custody status of persons found not guilty by reason of insanity, or persons committed under the involuntary treatment act where the court has made a special finding under RCW 71.05.280(3)(b).

The panel shall have access, upon request, to a committed person's complete hospital record, and any other records deemed necessary by the public safety review panel.

41 SHBHB 2152 (5)(4) The departmentsecretary shall providenotify administrativethe andpublic financialsafety supportreview topanel at appropriate intervals concerning any changes in the publiccommitment safetyor reviewcustody panel.status of persons found not guilty by reason of insanity, or persons committed under the involuntary treatment act where the court has made a special finding under RCW 71.05.280(3)(b).

The panel shall have access, upon request, to a committed person's complete hospital record, and any other records deemed necessary by the public safety review panel.

(5) The department shall provide administrative and financial support to the public safety review panel.

(c) Whether further changes in the law are necessary to enhance public safety when ((incompetency)) inability to proceed prevents operation of the criminal justice system and longlong-term -term commitment of the criminally insane;

(1)p. Subject to the security and background investigation requirements of the jail, jails shall allow clinical intervention specialists to have access to individuals who are referred to receive services under this chapter and to all records relating to the health or conduct of the individual while incarcerated.

42 HB 2152 (1) Subject to the security and background investigation requirements of the jail, jails shall allow clinical intervention specialists to have access to individuals who are referred to receive services under this chapter and to all records relating to the health or conduct of the individual while incarcerated.

Clinical intervention specialists shall work collaboratively with jail health p.services to ensure appropriate prescriptions, medication compliance monitoring, and access to supportive behavioral health services to the individuals.

42 SHB 2152 services to ensure appropriate prescriptions, medication compliance monitoring, and access to supportive behavioral health services to the individuals.

Sec.p.

43 HB 2152 Sec.

The term also includes criminal identification p.activities and the collection, storage, dissemination of criminal history record information, and the compensation of victims of crime.

43 SHB 2152 activities and the collection, storage, dissemination of criminal history record information, and the compensation of victims of crime.

(4) "Criminal history record information" means information contained in records collected by criminal justice agencies, other than courts, on individuals, consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including acquittals by reason of insanity, dismissals based on ((lack of competency)) inability to proceed due to a mental healthdisorder, condition, sentences, correctional supervision, and release.

(b)p. Original records of entry maintained by criminal justice agencies to the extent that such records are compiled and maintained chronologically and are accessible only on a chronological basis;

44 HB 2152 (b) Original records of entry maintained by criminal justice agencies to the extent that such records are compiled and maintained chronologically and are accessible only on a chronological basis;

(e) Records of any traffic offenses as maintained by the department of licensing for the purpose of regulating the issuance, p.suspension, revocation, or renewal of drivers' or other operators' licenses and pursuant to RCW 46.52.130;

44 SHB 2152 suspension, revocation, or renewal of drivers' or other operators' licenses and pursuant to RCW 46.52.130;

(c)p. The reporting of an event to a recordkeeping agency for the purpose of maintaining the record is not a dissemination.

45 HB 2152 (c) The reporting of an event to a recordkeeping agency for the purpose of maintaining the record is not a dissemination.

p.Sec.

45 SHB 2152 Sec.

and (e) any person found ((incompetent to stand)) unable to proceed to trial due to a mental healthdisorder condition for a sex offense or kidnapping offense and subsequently committed under chapter 71.05 or 71.34 RCW.

(a) For offenders classifiedp. as risk level I, the agency shall share information with other appropriate law enforcement agencies and, if the offender is a student, the public or private school regulated under Title 28A RCW or chapter 72.40 RCW which the offender is attending, or planning to attend.

46 HB 2152 classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and, if the offender is a student, the public or private school regulated under Title 28A RCW or chapter 72.40 RCW which the offender is attending, or planning to attend.

(b) for offenders classified as risk level II, the agency may also p.disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, public libraries, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found;

46 SHB 2152 disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, public libraries, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found;

The websitep. shall allow citizens to search for registered sex offenders within the state of Washington by county, city, zip code, last name, and address by hundred block.

47 HB 2152 website shall allow citizens to search for registered sex offenders within the state of Washington by county, city, zip code, last name, and address by hundred block.

If it is not permissible, the website shall be limited to the p.information and functionality that is permissible under state and federal law.

47 SHB 2152 information and functionality that is permissible under state and federal law.

(ii) the agency's own application of a sex offenderp. risk assessment tool;

48 HB 2152 offender risk assessment tool;

A sex offender shall be classified as a risk level II if his or her risk p.assessment and other information or factors deemed relevant by the law enforcement agency indicate he or she is at a moderate risk to sexually reoffend within the community at large.

48 SHB 2152 assessment and other information or factors deemed relevant by the law enforcement agency indicate he or she is at a moderate risk to sexually reoffend within the community at large.

The immunity provided under this section applies to the release of relevant and necessaryp. information to other public officials, public employees, or public agencies, and to the general public.

49 HB 2152 necessary information to other public officials, public employees, or public agencies, and to the general public.

p.(10) When a law enforcement agency or official classifies an offender differently than the offender is classified by the end of sentence review committee at the time of the offender's release from confinement, the law enforcement agency or official shall notify the end of sentence review committee and the Washington state patrol and submit its reasons supporting the change in classification.

49 SHB 2152 (10) When a law enforcement agency or official classifies an offender differently than the offender is classified by the end of sentence review committee at the time of the offender's release from confinement, the law enforcement agency or official shall notify the end of sentence review committee and the Washington state patrol and submit its reasons supporting the change in classification.

For purposes of this act, a person found not guilty as a result of ((the)) a defense of mental ((disease or defect)) healthdisorder condition shall be deemed to be a convicted person.

(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and thep. person owns, accesses, has in the person's custody, control, or possession, or receives any firearm:

50 HB 2152 the person owns, accesses, has in the person's custody, control, or possession, or receives any firearm:

(B) Any of the following crimes when committed by one family or household member against another or by one intimate partner against another, as those terms are defined by the statutes in effect at the time of the commission of the crime, committed on or after July 1, p.1993:

50 SHB 2152 1993:

or (F) A violation of the provisions of an order to surrender and prohibit weapons, an extreme risk protection order, or the provisions of any other protection order or no-contact order not included under (a)(i) (B) or (E) of this subsection restraining the person or excludingp. the person from a residence, committed on or after July 23, 2023;

51 HB 2152 excluding the person from a residence, committed on or after July 23, 2023;

If the court enters an agreed order by the parties p.without a hearing, such an order meets the requirements of this subsection;

51 SHB 2152 without a hearing, such an order meets the requirements of this subsection;

(v)p. If the person is under 18 years of age, except as provided in RCW 9.41.042;

52 HB 2152 (v) If the person is under 18 years of age, except as provided in RCW 9.41.042;

(3) A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of p.innocence.

52 SHB 2152 innocence.

(6) Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to beingp. charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree.

53 HB 2152 being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree.

(7)(a) A person, whether an adult or a juvenile, commits the civil infraction of unlawful possession of a firearm if the person has in the person's possession or has in the person's control a firearm after the person files a voluntary waiver of firearm rights p.under RCW 9.41.350 and the form has been accepted by the clerk of the court and the voluntary waiver has not been lawfully revoked.

53 SHB 2152 under RCW 9.41.350 and the form has been accepted by the clerk of the court and the voluntary waiver has not been lawfully revoked.

(1)(a) At the time a person is convicted or found not guilty by reason of insanity of an offense making the person ineligible to possess a firearm under state or federal law, including if the person was convicted of possession under RCW 69.50.4011, 69.50.4013, 69.50.4014, or 69.41.030, or at the time a person is committed by court order under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, or chapter 10.77 RCW for treatment for a mental disorder, or at the time that charges are dismissed based on ((incompetency to stand)) inability to proceed to trial under RCW 10.77.088 and the court makes a finding that the person has a history of one or more violent acts, the court shall notify the person, orally and in writing, that the person must immediately surrender all firearms and any concealed pistolp. license and that the person may not possess a firearm unless the person's right to do so is restored by the superior court that issued the order.

54 HB 2152 pistol license and that the person may not possess a firearm unless the person's right to do so is restored by the superior court that issued the order.

When a person is committed by court order under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, or chapter p.10.77 RCW, for treatment for a mental disorder, or when a person's charges are dismissed based on ((incompetency to stand trial)) inability to proceed to trial under RCW 10.77.088 and the court makes a finding that the person has a history of one or more violent acts, the court also shall forward, within three judicial days after entry of the commitment order, or dismissal of charges, a copy of the person's driver's license, or comparable information, along with the date of commitment or date charges are dismissed, to the national instant criminal background check system index, denied persons file, created by the federal Brady handgun violence prevention act (P.L.

54 SHB 2152 10.77 RCW, for treatment for a mental disorder, or when a person's charges are dismissed based on ((incompetency to stand trial)) inability to proceed to trial under RCW 10.77.088 and the court makes a finding that the person has a history of one or more violent acts, the court also shall forward, within three judicial days after entry of the commitment order, or dismissal of charges, a copy of the person's driver's license, or comparable information, along with the date of commitment or date charges are dismissed, to the national instant criminal background check system index, denied persons file, created by the federal Brady handgun violence prevention act (P.L.

(3)(a) A person who is prohibited from possessing a firearm, by reason of having been involuntarily committed for treatment for a mental disorder under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, or by reason of having been detained under RCW 71.05.150 or 71.05.153, or because the person's charges were dismissed based on ((incompetencyp. to stand)) inability to proceed to trial under RCW 10.77.088 and the court made a finding that the person has a history of one or more violent acts, may, upon discharge, petition the superior court to have his or her right to possess a firearm restored, except that a person found not guilty by reason of insanity may not petition for restoration of the right to possess a firearm until one year after discharge.

55 HB 2152 ((incompetency to stand)) inability to proceed to trial under RCW 10.77.088 and the court made a finding that the person has a history of one or more violent acts, may, upon discharge, petition the superior court to have his or her right to possess a firearm restored, except that a person found not guilty by reason of insanity may not petition for restoration of the right to possess a firearm until one year after discharge.

p.(c) Except as provided in (d) and (e) of this subsection, firearm rights shall be restored if the person petitioning for restoration of firearm rights proves by a preponderance of the evidence that:

55 SHB 2152 (c) Except as provided in (d) and (e) of this subsection, firearm rights shall be restored if the person petitioning for restoration of firearm rights proves by a preponderance of the evidence that:

(ii) The person petitioning for restoration of firearm rights has successfully managed the condition related to the commitment or detention or ((incompetency)) inability to proceed due to a mental healthdisorder; condition;

and (iv) The symptoms related to the commitment or detention or ((incompetency)) inability to proceed due to a mental healthdisorder condition are not reasonably likely to recur.

(f)p. When a person's right to possess a firearm has been restored under this subsection, the court shall forward, within three judicial days after entry of the restoration order, notification that the person's right to possess a firearm has been restored to the department of licensing and the Washington state patrol criminal records division, with a copy of the person's driver's license or identicard, or comparable identification such as the person's name, address, and date of birth, and to the health care authority, and the national instant criminal background check system index, denied persons file.

In56 theHB case2152 of(f) When a personperson's whose right to possess a firearm has been suspendedrestored forunder sixthis monthssubsection, asthe providedcourt inshall RCWforward, 71.05.182,within three judicial days after entry of the restoration order, notification that the person's right to possess a firearm has been restored to the department of licensing shalland forwardthe notificationWashington state patrol criminal records division, with a copy of p.the person's driver's license or identicard, or comparable identification such as the person's name, address, and date of birth, and to the health care authority, and the national instant criminal background check system index, denied persons file.

56In SHBthe 2152case of a person whose right to possess a firearm has been suspended for six months as provided in RCW 71.05.182, the department of licensing shall forward notification of the restoration order to the licensing authority, which, upon receipt of such notification, shall immediately lift the suspension, restoring the person's concealed pistol license.

(e)p. In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;

57 HB 2152 (e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;

(g) In the possession of a person found to have been ((mentally incompetent)) unable to proceed due to a mental healthdisorder condition while in possession of a firearm when apprehended or who is p.thereafter committed pursuant to chapter 10.77 RCW or committed for mental health treatment under chapter 71.05 RCW;

57 SHB 2152 thereafter committed pursuant to chapter 10.77 RCW or committed for mental health treatment under chapter 71.05 RCW;

(i)p. Comply with the provisions for the auction of firearms in ((RCW 9.41.098)) this section that were in effect immediately preceding May 7, 1993;

58 HB 2152 (i) Comply with the provisions for the auction of firearms in ((RCW 9.41.098)) this section that were in effect immediately preceding May 7, 1993;

Proceeds of any p.auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 79A.25.210.

58 SHB 2152 auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 79A.25.210.

(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section.p.

59 HB 2152 section.

The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW p.71.24.025, and that this condition is likely to have influenced the offense.

59 SHB 2152 71.24.025, and that this condition is likely to have influenced the offense.

(b)p. Proceedings related to ((competency to stand)) ability to proceed to trial on the pending charge, from the entry of an evaluation order to the entry of a court order finding the person ((competent)) able to proceed;

60 HB 2152 (b) Proceedings related to ((competency to stand)) ability to proceed to trial on the pending charge, from the entry of an evaluation order to the entry of a court order finding the person ((competent)) able to proceed;

If the person is unavailable for transportation due to court proceedings in another county, the superintendent shall inform the prosecuting attorney or court when the person becomes available for p.transportation and provide a new certificate containing the information under subsection (4) of this section.

60 SHB 2152 transportation and provide a new certificate containing the information under subsection (4) of this section.

(6) The superintendent or the superintendent's designee having custody of the person shall promptly inform him or her in writing of the source and contents of any untried indictment, information, or complaint against him or her concerning which the superintendent or thep. superintendent's designee has knowledge and of his or her right to make a request for final disposition thereof.

61 HB 2152 the superintendent's designee has knowledge and of his or her right to make a request for final disposition thereof.

(1) At the time of the commission of the offense, as a result of ((mental disease or defect)) a mental healthdisorder, condition, the mind of the actor was affected to such an extent that:

p.(2) The defense of insanity must be established by a preponderance of the evidence.

61 SHB 2152 (2) The defense of insanity must be established by a preponderance of the evidence.

Costsp. for preparing and serving a warrant for failure to appear may not exceed $100.

62 HB 2152 Costs for preparing and serving a warrant for failure to appear may not exceed $100.

However, if the defendant is acquitted on the underlying action, the costs for preparing and serving a warrant for p.failure to appear do not survive the acquittal, and the judgment that such costs would otherwise constitute shall be vacated.

62 SHB 2152 failure to appear do not survive the acquittal, and the judgment that such costs would otherwise constitute shall be vacated.

If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs, modify the method of payment under RCW 10.01.170, or convert the unpaid costs to community restitution hours, if the jurisdiction operates a community restitutionp. program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution.

63 HB 2152 restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution.

p.This section shall also not prevent governmental units from imposing liability on defendants for costs related to providing medical or mental health treatment while the defendant is in the governmental unit's custody.

63 SHB 2152 This section shall also not prevent governmental units from imposing liability on defendants for costs related to providing medical or mental health treatment while the defendant is in the governmental unit's custody.

(5)(a)p. "Average final compensation" means the member's average compensation earnable of the highest consecutive sixty months of service credit months prior to such member's retirement, termination, or death.

64 HB 2152 (5)(a) "Average final compensation" means the member's average compensation earnable of the highest consecutive sixty months of service credit months prior to such member's retirement, termination, or death.

p.(ii) Any compensation forgone by a member employed by the state or a local government employer during the 2011-2013 fiscal biennium as a result of reduced work hours, mandatory leave without pay, temporary layoffs, or reductions to current pay if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the employer.

64 SHB 2152 (ii) Any compensation forgone by a member employed by the state or a local government employer during the 2011-2013 fiscal biennium as a result of reduced work hours, mandatory leave without pay, temporary layoffs, or reductions to current pay if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the employer.

(7)(a) "Compensation earnable" for members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States internal revenue code, but shall exclude nonmoney maintenance compensation and lump sum or otherp. payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.

65 HB 2152 other payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.

p.(ii) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:

65 SHB 2152 (ii) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:

(8)p. "Department" means the department of retirement systems created in chapter 41.50 RCW.

66 HB 2152 (8) "Department" means the department of retirement systems created in chapter 41.50 RCW.

p.(v) The Washington state department of natural resources;

66 SHB 2152 (v) The Washington state department of natural resources;

The determination whether an employer-employee relationship has been established is not based on the relationship betweenp. a government contractor and an employer, but is based solely on the relationship between a government contractor's employee and an employer under this chapter.

67 HB 2152 between a government contractor and an employer, but is based solely on the relationship between a government contractor's employee and an employer under this chapter.

p.(18) "Leave of absence" means the period of time a member is authorized by the employer to be absent from service without being separated from membership.

67 SHB 2152 (18) "Leave of absence" means the period of time a member is authorized by the employer to be absent from service without being separated from membership.

or (iv)p. Institutions or residential sites that serve developmentally disabled patients or offenders, or perform ((competency)) restoration treatment services, except for state-operated living alternatives facilities;

68 HB 2152 (iv) Institutions or residential sites that serve developmentally disabled patients or offenders, or perform ((competency)) restoration treatment services, except for state-operated living alternatives facilities;

or p.(g) Whose primary responsibility is to supervise members eligible under this subsection.

68 SHB 2152 (g) Whose primary responsibility is to supervise members eligible under this subsection.

Compensation earnable earned for ninety or more hours in any calendar month shall constitute one service credit month.p.

69 HB 2152 month.

If an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service p.credit month during any calendar month in which multiple service for ninety or more hours is rendered.

69 SHB 2152 credit month during any calendar month in which multiple service for ninety or more hours is rendered.

RCW 46.20.031 and 2002 c 279 s 3 are each amended to read as follows:

The department shall not issue a driver's license to a person:

(1) Who is under the age of sixteen years;

p.

70 HB 2152 (2) Whose driving privilege has been withheld unless and until the department may authorize the driving privilege under RCW 46.20.311;

(3) Who has been classified as an alcoholic, drug addict, alcohol abuser, or drug abuser by a program approved by the department of social and health services.

The department may, however, issue a license if the person:

(a) Has been granted a deferred prosecution under chapter 10.05 RCW;

or (b) Is satisfactorily participating in or has successfully completed an alcohol or drug abuse treatment program approved by the department of social and health services and has established control of his or her alcohol or drug abuse problem;

(4) Who has previously been ((adjudged to be mentally ill)) adjudicated as a person with a mental disorder or to be criminally insane, or to be ((incompetent)) unable to proceed due to a mental ((disability or disease)) disorder.

The department shall, however, issue a license to the person if he or she otherwise qualifies and:

(a) ((Has been restored to competency by the methods provided by law)) His or her ability to proceed has been restored;

or (b) The superior court finds the person able to operate a motor vehicle with safety upon the highways ((during such incompetency)) while unable to proceed;

(5) Who has not passed the driver's licensing examination required by RCW 46.20.120 and 46.20.305, if applicable;

(6) Who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;

(7) Who is unable to safely operate a motor vehicle upon the highways due to a physical or mental disability.

The department's conclusion that a person is barred from licensing under this subsection must be reasonable and be based upon good and substantial evidence.

This determination is subject to review by a court of competent jurisdiction.

Sec.

41.

(2)p. "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:

71 HB 2152 (2) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:

(6) "Deidentified" means health information that does not identify an individual and with respect to which there is no p.reasonable basis to believe that the information can be used to identify an individual.

70 SHB 2152 reasonable basis to believe that the information can be used to identify an individual.

(15)p. "Health care" means any care, service, or procedure provided by a health care provider:

72 HB 2152 (15) "Health care" means any care, service, or procedure provided by a health care provider:

p.The term includes any required accounting of disclosures of health care information.

71 SHB 2152 The term includes any required accounting of disclosures of health care information.

(c) Underwriting, premium rating, and other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care, includingp. stop-loss insurance and excess of loss insurance, if any applicable legal requirements are met;

73 HB 2152 including stop-loss insurance and excess of loss insurance, if any applicable legal requirements are met;

p.(i) Management activities relating to implementation of and compliance with the requirements of this chapter;

72 SHB 2152 (i) Management activities relating to implementation of and compliance with the requirements of this chapter;

(23)p. "Information and records related to mental health services" means a type of health care information that relates to all information and records compiled, obtained, or maintained in the course of providing services by a mental health service agency or mental health professional to persons who are receiving or have received services for mental illness.

74 HB 2152 (23) "Information and records related to mental health services" means a type of health care information that relates to all information and records compiled, obtained, or maintained in the course of providing services by a mental health service agency or mental health professional to persons who are receiving or have received services for mental illness.

For health care p.information maintained by a hospital as defined in RCW 70.41.020 or a health care facility or health care provider that participates with a hospital in an organized health care arrangement defined under federal law, "information and records related to mental health services" is limited to information and records of services provided by a mental health professional or information and records of services created by a hospital-operated community behavioral health program as defined in RCW 71.24.025.

73 SHB 2152 information maintained by a hospital as defined in RCW 70.41.020 or a health care facility or health care provider that participates with a hospital in an organized health care arrangement defined under federal law, "information and records related to mental health services" is limited to information and records of services provided by a mental health professional or information and records of services created by a hospital-operated community behavioral health program as defined in RCW 71.24.025.

(29)p. "Managed care organization" has the same meaning as provided in RCW 71.24.025.

75 HB 2152 (29) "Managed care organization" has the same meaning as provided in RCW 71.24.025.

This includes evaluation and treatment facilities as defined in RCW 71.34.020, community mental health service delivery systems, or community behavioral health programs, as defined in RCW p.71.24.025, and facilities conducting ((competency)) ability to proceed evaluations and restoration under chapter 10.77 RCW.

74 SHB 2152 71.24.025, and facilities conducting ((competency)) ability to proceed evaluations and restoration under chapter 10.77 RCW.

(iii) Billing, claims management, collection activities, obtaining payment under a contract for reinsurance, including stop- lossp. insurance and excess of loss insurance, and related health care data processing;

76 HB 2152 loss insurance and excess of loss insurance, and related health care data processing;

p.(E) Account number;

75 SHB 2152 (E) Account number;

In addition, a clerical fee for searching and handling may be chargedp. not to exceed fifteen dollars.

77 HB 2152 charged not to exceed fifteen dollars.

p.(45) "Test for a sexually transmitted disease" has the same meaning as in RCW 70.24.017.

76 SHB 2152 (45) "Test for a sexually transmitted disease" has the same meaning as in RCW 70.24.017.

41.42.

(1) The fact of admission to a provider for mental health services and all information and records compiled, obtained, or maintained in the course of providing mental health services to either voluntary or involuntary recipients of services at public or private agencies may not be disclosed except as provided in this section, RCW 70.02.050, 71.05.445, 74.09.295, 70.02.210, 70.02.240, 70.02.250,p. 70.02.260, and 70.02.265, or pursuant to a valid authorization under RCW 70.02.030.

78 HB 2152 70.02.250, 70.02.260, and 70.02.265, or pursuant to a valid authorization under RCW 70.02.030.

p.(v) Who is employed by a state or local correctional facility where the person is confined or supervised;

77 SHB 2152 (v) Who is employed by a state or local correctional facility where the person is confined or supervised;

(d)(i)p. To the courts, including tribal courts, as necessary to the administration of chapter 71.05 RCW or to a court ordering an evaluation or treatment under chapter 10.77 RCW solely for the purpose of preventing the entry of any evaluation or treatment order that is inconsistent with any order entered under chapter 71.05 RCW.

79 HB 2152 (d)(i) To the courts, including tribal courts, as necessary to the administration of chapter 71.05 RCW or to a court ordering an evaluation or treatment under chapter 10.77 RCW solely for the purpose of preventing the entry of any evaluation or treatment order that is inconsistent with any order entered under chapter 71.05 RCW.

(e)(i) When a mental health professional or designated crisis responder is requested by a representative of a law enforcement or corrections agency, including a police officer, sheriff, community corrections officer, a municipal attorney, or prosecuting attorney to p.undertake an investigation or provide treatment under RCW 71.05.150, 10.31.110, or 71.05.153, the mental health professional or designated crisis responder shall, if requested to do so, advise the representative in writing of the results of the investigation including a statement of reasons for the decision to detain or release the person investigated.

78 SHB 2152 undertake an investigation or provide treatment under RCW 71.05.150, 10.31.110, or 71.05.153, the mental health professional or designated crisis responder shall, if requested to do so, advise the representative in writing of the results of the investigation including a statement of reasons for the decision to detain or release the person investigated.

(h)(i) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known top. have been repeatedly harassed, by the patient.

80 HB 2152 to have been repeatedly harassed, by the patient.

(i)(i) To appropriate corrections and law enforcement agencies all necessary and relevant information in the event of a crisis or p.emergent situation that poses a significant and imminent risk to the public.

79 SHB 2152 emergent situation that poses a significant and imminent risk to the public.

The department of social and health services shall make available the name, date of birth, and date of deathp. of patients buried in state hospital cemeteries fifty years after the death of a patient;

81 HB 2152 death of patients buried in state hospital cemeteries fifty years after the death of a patient;

p.(iii) Disclosure under this subsection is mandatory for the purposes of the federal health insurance portability and accountability act;

80 SHB 2152 (iii) Disclosure under this subsection is mandatory for the purposes of the federal health insurance portability and accountability act;

(r)p. Within the mental health service agency or Indian health care provider facility where the patient is receiving treatment, confidential information may be disclosed to persons employed, serving in bona fide training programs, or participating in supervised volunteer programs, at the facility when it is necessary to perform their duties;

82 HB 2152 (r) Within the mental health service agency or Indian health care provider facility where the patient is receiving treatment, confidential information may be disclosed to persons employed, serving in bona fide training programs, or participating in supervised volunteer programs, at the facility when it is necessary to perform their duties;

p.(u) To a licensed physician or psychiatric advanced registered nurse practitioner who has determined that the life or health of the person is in danger and that treatment without the information and records related to mental health services could be injurious to the patient's health.

81 SHB 2152 (u) To a licensed physician or psychiatric advanced registered nurse practitioner who has determined that the life or health of the person is in danger and that treatment without the information and records related to mental health services could be injurious to the patient's health.

(w)p. To administrative and office support staff designated to obtain medical records for those licensed professionals listed in (v) of this subsection;

83 HB 2152 (w) To administrative and office support staff designated to obtain medical records for those licensed professionals listed in (v) of this subsection;

(y) To the person's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or p.other actions relating to detention, admission, commitment, or patient's rights under chapter 71.05 RCW;

82 SHB 2152 other actions relating to detention, admission, commitment, or patient's rights under chapter 71.05 RCW;

For purposes of coordinating health care, the department or the authorityp. may release without written authorization of the patient, information acquired for billing and collection purposes as described in RCW 70.02.050(1)(d).

84 HB 2152 authority may release without written authorization of the patient, information acquired for billing and collection purposes as described in RCW 70.02.050(1)(d).

p."As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, .

83 SHB 2152 "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, .

(3) Whenever federal law or federal regulations restrict the release of information contained in the information and records related to mental health services of any patient who receives treatmentp. for a substance use disorder, the department or the authority may restrict the release of the information as necessary to comply with federal law and regulations.

85 HB 2152 treatment for a substance use disorder, the department or the authority may restrict the release of the information as necessary to comply with federal law and regulations.

(5) The fact of admission to a provider of mental health services, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to chapter 71.05 RCW are not admissible as evidence in any legal proceeding outside that chapter without the written authorization of the person who was the subject of the proceeding except as provided in RCW 70.02.260, in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(4)(c) on charges that were p.dismissed pursuant to chapter 10.77 RCW due to ((incompetency to stand trial)) inability to proceed, in a civil commitment proceeding pursuant to chapter 71.09 RCW, or, in the case of a minor, a guardianship or dependency proceeding.

84 SHB 2152 dismissed pursuant to chapter 10.77 RCW due to ((incompetency to stand trial)) inability to proceed, in a civil commitment proceeding pursuant to chapter 71.09 RCW, or, in the case of a minor, a guardianship or dependency proceeding.

(c) Any person may bring an action to enjoin the release of confidential information or records concerning him or her or his or herp. ward, in violation of the provisions of this section, and may in the same action seek damages as provided in this subsection.

86 HB 2152 her ward, in violation of the provisions of this section, and may in the same action seek damages as provided in this subsection.

42.43.

RCW 70.74.360 and 2009 c 39 s 1 are each amended to read as follows:

(1) The director of labor and industries shall require, as a condition precedent to the original issuance and upon renewal every three years thereafter of any explosive license, fingerprinting and criminal history record information checks of every applicant.

In the case of a corporation, fingerprinting and criminal history record information checks shall be required for the management officials directly responsible for the operations where explosives are used if such persons have not previously had their fingerprints recorded with the department of labor and industries.

In the case of a partnership, fingerprinting and criminal history record information checks shall be required of all general partners.

Such fingerprints as are required by the department of labor and industries shall be submitted on forms provided by the department to the identification section of the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior convictions of the individuals fingerprinted.

The Washington state patrol shall provide to the director of labor and industries such criminal record information as the director may request.

The applicant shall give full cooperation to the department of labor and industries and shall assist the department of labor and industries in all aspects of the fingerprinting and criminal history record information check.

The applicant shall be required to pay the current federal and state fee for fingerprint-based criminal history background checks.

(2) The director of labor and industries shall not issue a license to manufacture, purchase, store, use, or deal with explosives to:

(a) Any person under twenty-one years of age;

(b) Any person whose license is suspended or whose license has been revoked, except as provided in RCW 70.74.370;

p.

87 HB 2152 (c) Any person who has been convicted in this state or elsewhere of a violent offense as defined in RCW 9.94A.030, perjury, false swearing, or bomb threats or a crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency.

However, the director of labor and industries may issue a license if the person suffering a drug or alcohol related dependency is participating in or has completed an alcohol or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency.

The director of labor and industries shall require the applicant to provide proof of such participation and control;

or (d) Any person who has previously been adjudged to be mentally ill or insane, or to be ((incompetent)) unable to proceed due to ((any)) a mental ((disability or disease)) disorder and who has not at the time of application ((been)) had their ability to proceed restored ((to competency)).

(3) The director of labor and industries may establish reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives.

Sec.

44.

RCW 70.74.370 and 1997 c 58 s 872 are each amended to read as follows:

(1) The department of labor and industries shall revoke and not renew the license of any person holding a manufacturer, dealer, purchaser, user, or storage license upon conviction of any of the following offenses, which conviction has become final:

(a) A violent offense as defined in RCW 9.94A.030;

(b) A crime involving perjury or false swearing, including the making of a false affidavit or statement under oath to the department of labor and industries in an application or report made pursuant to this title;

(c) A crime involving bomb threats;

(d) A crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency.

However, the department of labor and industries may condition renewal of the license to any convicted person suffering a drug or alcohol dependency who is participating in an alcoholism or drug recovery program acceptable to the department of labor and p.

88 HB 2152 industries and has established control of their alcohol or drug dependency.

The department of labor and industries shall require the licensee to provide proof of such participation and control;

(e) A crime relating to possession, use, transfer, or sale of explosives under this chapter or any other chapter of the Revised Code of Washington.

(2) The department of labor and industries shall revoke the license of any person ((adjudged to be mentally ill or)) adjudicated to have a mental disorder or to be criminally insane, or to be ((incompetent)) unable to proceed due to ((any mental disability or disease)) a mental disorder.

The director shall not renew the license until the ((person)) person's ability to proceed has been restored ((to competency)).

(3) The department of labor and industries is authorized to suspend, for a period of time not to exceed six months, the license of any person who has violated this chapter or the rules promulgated pursuant to this chapter.

(4) The department of labor and industries may revoke the license of any person who has repeatedly violated this chapter or the rules promulgated pursuant to this chapter, or who has twice had his or her license suspended under this chapter.

(5) The department of labor and industries shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order.

If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of labor and industries' receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

(6) Upon receipt of notification by the department of labor and industries of revocation or suspension, a licensee must surrender immediately to the department any or all such licenses revoked or suspended.

Sec.

45.

(1)p. "23-hour crisis relief center" has the same meaning as under RCW 71.24.025;

(2)89 "Admission"HB or2152 "admit"(1) means"23-hour acrisis decisionrelief bycenter" ahas physician,the physiciansame assistant,meaning oras psychiatricunder advancedRCW registered71.24.025; nurse p.

85(2) SHB"Admission" 2152or "admit" means a decision by a physician, physician assistant, or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;

secure withdrawal management and stabilization facilities as defined in this section;

and correctional facilities operated by state and local governments;

8690 SHBHB 2152 (10)secure "Co-occurringwithdrawal disordermanagement specialist"and meansstabilization anfacilities individualas possessingdefined anin enhancementthis grantedsection; by the department of health under chapter 18.205 RCW that certifies the individual to provide substance use disorder counseling subject to the practice limitations under RCW 18.205.105;

and correctional facilities operated by state and local governments;

(10) "Co-occurring disorder specialist" means an individual possessing an enhancement granted by the department of health under chapter 18.205 RCW that certifies the individual to provide substance use disorder counseling subject to the practice limitations under RCW 18.205.105;

(19) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, physician assistant working with a supervising psychiatrist, psychologist, psychiatric advanced registered nurse practitioner,p. or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary of the department of social and health services;

p.91 HB 2152 practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary of the department of social and health services;

87 SHB 2152 (20) "Developmental disability" means that condition defined in RCW 71A.10.020(6);

Habilitative services include education, trainingp. for employment, and therapy.

The92 habilitativeHB process2152 shalltraining befor undertakenemployment, withand recognitiontherapy. of the risk to the public safety p.

88The SHBhabilitative 2152process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;

(33) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;

8993 SHBHB 2152 (34)(33) "Legal"Judicial counsel"commitment" means attorneysa andcommitment staff employed by countya prosecutorcourt officespursuant orto the stateprovisions attorney general acting in their capacity as legal representatives of publicthis behavioralchapter; health service providers under RCW 71.05.130;

(34) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public behavioral health service providers under RCW 71.05.130;

(a) A psychiatrist, psychologist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nursep. practitioner, psychiatric nurse, or social worker, as defined in this chapter and chapter 71.34 RCW;

p.94 HB 2152 nurse practitioner, psychiatric nurse, or social worker, as defined in this chapter and chapter 71.34 RCW;

90 SHB 2152 (b) A mental health counselor, mental health counselor associate, marriage and family therapist, or marriage and family therapist associate, as defined in chapter 18.225 RCW;

(48) "Public agency" means any evaluation and treatment facility or institution, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, or hospital which is conducted for, or includes a department or ward p.

9195 SHBHB 2152 facility, approved substance use disorder treatment program, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with behavioral health disorders, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments;

The diagnosis of a substance use disorder is based on a pathologicalp. pattern of behaviors related to the use of the substances;

p.96 HB 2152 pathological pattern of behaviors related to the use of the substances;

92 SHB 2152 (55) "Substance use disorder professional" means a person certified as a substance use disorder professional by the department of health under chapter 18.205 RCW;

Sec.

43.

RCW 71.05.020 and 2023 c 433 s 4 and 2023 c 425 s 21 are each reenacted and amended to read as follows:

9397 SHBHB 2152 TheSec. definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

46.

RCW 71.05.020 and 2023 c 433 s 4 and 2023 c 425 s 21 are each reenacted and amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

community mental health service delivery systems or community behavioral health programs as defined in RCW 71.24.025;p.

98 HB 2152 71.24.025;

facilities conducting ((competency)) ability to proceed p.evaluations and restoration under chapter 10.77 RCW;

94 SHB 2152 evaluations and restoration under chapter 10.77 RCW;

(19) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and p.

9599 SHBHB 2152 (19) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, physician assistant working with a supervising psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary of the department of social and health services;

or (b) manifests severe deterioration from safe behavior evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and isp. not receiving such care as is essential for his or her health or safety;

(26)100 "HabilitativeHB services"2152 meansis thosenot servicesreceiving providedsuch bycare programas personnelis toessential assistfor personshis inor acquiringher andhealth maintainingor lifesafety; p.

96(26) SHB"Habilitative 2152services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning.

and (g)p. The type of residence immediately anticipated for the person and possible future types of residences;

p.101 HB 2152 (g) The type of residence immediately anticipated for the person and possible future types of residences;

97 SHB 2152 (32) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals;

(40) "Mental health professional" means an individual practicing within the mental health professional's statutory scope of practice who is:

98102 SHBHB 2152 (a)(40) A"Mental psychiatrist,health psychologist,professional" physicianmeans assistantan workingindividual withpracticing awithin supervisingthe psychiatrist,mental psychiatrichealth advancedprofessional's registeredstatutory nursescope practitioner,of psychiatricpractice nurse,who oris: social worker, as defined in this chapter and chapter 71.34 RCW;

(a) A psychiatrist, psychologist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, as defined in this chapter and chapter 71.34 RCW;

(46) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic associationp. and is certified or eligible to be certified by the American board of psychiatry and neurology;

103 HB 2152 association and is certified or eligible to be certified by the American board of psychiatry and neurology;

p.(48) "Public agency" means any evaluation and treatment facility or institution, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with behavioral health disorders, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments;

99 SHB 2152 (48) "Public agency" means any evaluation and treatment facility or institution, secure withdrawal management and stabilization facility, approved substance use disorder treatment program, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with behavioral health disorders, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments;

(53) "Severe deterioration from safe behavior" means that a person will, if not treated, suffer or continue to suffer severe and abnormal mental, emotional, or physical distress, and this distress is associated with significant impairment of judgment, reason, or behavior;

100104 SHBHB 2152 (54)(53) "Social"Severe worker"deterioration from safe behavior" means that a person withwill, aif master'snot treated, suffer or furthercontinue advancedto degreesuffer fromsevere aand socialabnormal workmental, educationalemotional, programor accreditedphysical distress, and approvedthis asdistress providedis inassociated RCWwith 18.320.010;significant impairment of judgment, reason, or behavior;

(54) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;

(59) "Video," unless the context clearly indicates otherwise, means the delivery of behavioral health services through the use of interactive audio and video technology, permitting real-time communication between a person and a designated crisis responder, for the purpose of evaluation.

"Video" does not include the use of audio- only telephone, facsimile, email, or store and forward technology.

101105 SHBHB 2152 "Store(59) and"Video," forwardunless technology"the context clearly indicates otherwise, means usethe delivery of anbehavioral asynchronoushealth transmissionservices ofthrough athe person'suse medicalof informationinteractive fromaudio aand mentalvideo healthtechnology, servicepermitting providerreal-time tocommunication thebetween designateda crisisperson responderand whicha resultsdesignated incrisis medicalresponder, diagnosis,for consultation,the orpurpose treatment;of evaluation.

"Video" does not include the use of audio- only telephone, facsimile, email, or store and forward technology.

"Store and forward technology" means use of an asynchronous transmission of a person's medical information from a mental health service provider to the designated crisis responder which results in medical diagnosis, consultation, or treatment;

44.47.

(a)p. Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts;

106 HB 2152 (a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts;

and p.(c) Without treatment, the continued deterioration of the respondent is probable.

102 SHB 2152 (c) Without treatment, the continued deterioration of the respondent is probable.

45.48.

(3) Symptoms and behavior of the respondent which standing alone would not justify civil commitment may support a finding of grave disabilityp. or likelihood of serious harm, or a finding that the person is in need of assisted outpatient treatment, when:

107 HB 2152 disability or likelihood of serious harm, or a finding that the person is in need of assisted outpatient treatment, when:

p.(b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent;

103 SHB 2152 (b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent;

46.49.

(h) To discuss treatment plans and decisions with professional persons;

(i) To not be denied access to treatment by spiritual means through prayer in accordance with the tenets and practices of a church or religious denomination in addition to the treatment otherwise proposed;

104108 SHBHB 2152 (j)(h) NotTo todiscuss consenttreatment toplans theand administrationdecisions ofwith antipsychoticprofessional medicationspersons; beyond the hearing conducted pursuant to RCW 71.05.320(4) or the performance of electroconvulsant therapy or surgery, except emergency lifesaving surgery, unless ordered by a court of competent jurisdiction pursuant to the following standards and procedures:

(i) To not be denied access to treatment by spiritual means through prayer in accordance with the tenets and practices of a church or religious denomination in addition to the treatment otherwise proposed;

(j) Not to consent to the administration of antipsychotic medications beyond the hearing conducted pursuant to RCW 71.05.320(4) or the performance of electroconvulsant therapy or surgery, except emergency lifesaving surgery, unless ordered by a court of competent jurisdiction pursuant to the following standards and procedures:

The court shall appoint ap. psychiatrist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, psychologist within their scope of practice, physician assistant, or physician designated by such person or the person's counsel to testify on behalf of the person in cases where an order for electroconvulsant therapy is sought.

p.109 HB 2152 a psychiatrist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, psychologist within their scope of practice, physician assistant, or physician designated by such person or the person's counsel to testify on behalf of the person in cases where an order for electroconvulsant therapy is sought.

105 SHB 2152 (iv) An order for the administration of antipsychotic medications entered following a hearing conducted pursuant to this section shall be effective for the period of the current involuntary treatment order, and any interim period during which the person is awaiting trial or hearing on a new petition for involuntary treatment or involuntary medication.

(l) Not to have psychosurgery performed on him or her under any circumstances.

(2) Every person involuntarily detained or committed under the provisions of this chapter is entitled to all the rights set forth in this chapter and retains all rights not denied him or her under this chapter except as limited by chapter 9.41 RCW.

106110 SHBHB 2152 (3)(l) NoNot person may be presumed ((incompetent)) unable to proceedhave aspsychosurgery aperformed consequenceon ofhim receiving evaluation or treatmenther forunder aany behavioralcircumstances. health disorder.

(2) Every person involuntarily detained or committed under the provisions of this chapter is entitled to all the rights set forth in this chapter and retains all rights not denied him or her under this chapter except as limited by chapter 9.41 RCW.

(3) No person may be presumed ((incompetent)) unable to proceed as a consequence of receiving evaluation or treatment for a behavioral health disorder.

and (h)p. To refuse psychiatric medications, including antipsychotic medication beginning twenty-four hours prior to the probable cause hearing.

111 HB 2152 (h) To refuse psychiatric medications, including antipsychotic medication beginning twenty-four hours prior to the probable cause hearing.

p.(7)(a) Privileges between patients and physicians, physician assistants, psychologists, or psychiatric advanced registered nurse practitioners are deemed waived in proceedings under this chapter relating to the administration of antipsychotic medications.

107 SHB 2152 (7)(a) Privileges between patients and physicians, physician assistants, psychologists, or psychiatric advanced registered nurse practitioners are deemed waived in proceedings under this chapter relating to the administration of antipsychotic medications.

47.50.

(1)p. Such person after having been taken into custody for evaluation and treatment has threatened, attempted, or inflicted:

112 HB 2152 (1) Such person after having been taken into custody for evaluation and treatment has threatened, attempted, or inflicted:

or p.(2) Such person was taken into custody as a result of conduct in which he or she attempted or inflicted physical harm upon the person of another or himself or herself, or substantial damage upon the property of others, and continues to present, as a result of a behavioral health disorder, a likelihood of serious harm;

108 SHB 2152 (2) Such person was taken into custody as a result of conduct in which he or she attempted or inflicted physical harm upon the person of another or himself or herself, or substantial damage upon the property of others, and continues to present, as a result of a behavioral health disorder, a likelihood of serious harm;

48.51.

and (B)p. One physician, physician assistant, psychiatric advanced registered nurse practitioner, or mental health professional.

113 HB 2152 (B) One physician, physician assistant, psychiatric advanced registered nurse practitioner, or mental health professional.

p.(b) The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments which are alternatives to detention are available to such person, and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter.

109 SHB 2152 (b) The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments which are alternatives to detention are available to such person, and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter.

49.52.

(2)p. The attorney for the detained person shall advise him or her of his or her right to be represented by an attorney, his or her right to a jury trial, and, if the petition is for commitment for mental health treatment, his or her loss of firearm rights if involuntarily committed.

114 HB 2152 (2) The attorney for the detained person shall advise him or her of his or her right to be represented by an attorney, his or her right to a jury trial, and, if the petition is for commitment for mental health treatment, his or her loss of firearm rights if involuntarily committed.

The court shall, if requested, appoint a reasonably available p.licensed physician, physician assistant, psychiatric advanced registered nurse practitioner, psychologist, psychiatrist, or other professional person, designated by the detained person to examine and testify on behalf of the detained person.

110 SHB 2152 licensed physician, physician assistant, psychiatric advanced registered nurse practitioner, psychologist, psychiatrist, or other professional person, designated by the detained person to examine and testify on behalf of the detained person.

50.53.

The provisions of chapter 420, Laws of 1989 shall apply equally to persons in the custody of the department of social and health services on May 13, 1989, who were found by a court to be not guilty by reason of insanity or ((incompetent to stand)) unable to proceed to trial due to a mental healthdisorder, condition, or who have been found to have committed acts constituting a felony pursuant to RCW 71.05.280(3) and present a substantial likelihood of repeating similar acts, and the secretary of the department of social and health services shall cause such persons to be evaluated to ascertain if such persons have a developmental disability for placement in a program specifically reserved for the treatment and training of persons with developmental disabilities.

51.54.

The legislature finds that a small but extremely dangerous group of sexually violent predators exist who do not have a mental ((diseasep. or defect)) disorder that renders them appropriate for the existing involuntary treatment act, chapter 71.05 RCW, which is intended to be a short-term civil commitment system that is primarily designed to provide short-term treatment to individuals with serious mental disorders and then return them to the community.

In115 contrastHB to2152 persons((disease or defect)) disorder that renders them appropriate for civilthe commitmentexisting underinvoluntary treatment act, chapter 71.05 RCW, sexuallywhich violentis predatorsintended generallyto havebe personalitya disordersshort-term and/orcivil mentalcommitment abnormalitiessystem whichthat areis unamenableprimarily designed to existingprovide short-term treatment to individuals with serious mental p.disorders and then return them to the community.

111In SHBcontrast 2152to persons appropriate for civil commitment under chapter 71.05 RCW, sexually violent predators generally have personality disorders and/or mental abnormalities which are unamenable to existing mental illness treatment modalities and those conditions render them likely to engage in sexually violent behavior.

52.55.

or (iv)p. Release of a person who has been found not guilty by reason of insanity of a sexually violent offense pursuant to RCW 10.77.020(3).

116 HB 2152 (iv) Release of a person who has been found not guilty by reason of insanity of a sexually violent offense pursuant to RCW 10.77.020(3).

p.(ii) A complete copy, if applicable, of any file compiled by the indeterminate sentence review board relating to the person;

112 SHB 2152 (ii) A complete copy, if applicable, of any file compiled by the indeterminate sentence review board relating to the person;

Sec.p.

53.117 HB 2152 Sec.

56.

(b) a person found to have committed a sexually violent offense as a juvenile is about to be p.released from total confinement;

113 SHB 2152 released from total confinement;

54.57.

In determiningp. whether or not the person would be likely to engage in predatory acts of sexual violence if not confined in a secure facility, the fact finder may consider only placement conditions and voluntary treatment options that would exist for the person if unconditionally released from detention on the sexually violent predator petition.

The118 communityHB protection2152 programdetermining underwhether RCWor 71A.12.230not maythe notperson would be consideredlikely asto engage in predatory acts of sexual violence if not confined in a secure facility, the fact finder may consider only placement conditionconditions orand voluntary treatment optionoptions availablethat towould exist for the person if unconditionally released p.from detention on the sexually violent predator petition.

114The SHBcommunity 2152protection program under RCW 71A.12.230 may not be considered as a placement condition or treatment option available to the person if unconditionally released from detention on a sexually violent predator petition.

In nop. event may the person be released from confinement prior to retrial or dismissal of the case.

(2)119 IfHB the2152 personno chargedevent withmay athe sexuallyperson violent offense has been found ((incompetent to stand)) unable to proceed to trial due to a mental health condition, and is about to be orreleased hasfrom beenconfinement releasedprior pursuant to RCWretrial 10.77.086(7), and his or herdismissal commitment is sought pursuant to subsection (1) of this section, the courtcase. shall first hear evidence and determine whether the person did commit the act or acts charged if the court did not enter a finding prior to dismissal p.

115(2) SHBIf 2152the person charged with a sexually violent offense has been found ((incompetent to stand)) unable to proceed to trial due to a mental disorder, and is about to be or has been released pursuant to RCW 10.77.086(7), and his or her commitment is sought pursuant to subsection (1) of this section, the court shall first hear evidence and determine whether the person did commit the act or acts charged if the court did not enter a finding prior to dismissal under RCW 10.77.086(7) that the person committed the act or acts charged.

The department shall not place the person, even temporarily, in a facility on the grounds of anyp. state mental facility or regional habilitation center because these institutions are insufficiently secure for this population.

120 HB 2152 any state mental facility or regional habilitation center because these institutions are insufficiently secure for this population.

55.58.