SB 5415 — Concerning public defense services for persons committed as not guilty by reason of insanity.

S-1137.2S-0519.2 SUBSTITUTE SENATE BILL 5415 State of Washington 68th Legislature 2023 Regular Session By Senate Law & Justice (originally sponsored by Senators Trudeau, Pedersen, Dhingra, Saldaña, Valdez, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 02/07/23.01/17/23.

Referred to Committee on Law & Justice.

1 SSBSB 5415 Sec.

2 SSBSB 5415 (((6))) (7) Collect information regarding indigent defense services funded by the state and report annually to the advisory committee, the legislature, and the supreme court;

3 SSBSB 5415 NEW SECTION.

4 SSBSB 5415 transferred shall, on July 1, 2023, be transferred and credited to the office of public defense.

5 SSBSB 5415 (10) "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 or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.

6 SSBSB 5415 necessary expert or professional services without causing substantial hardship to the person or his or her family.

7 SSBSB 5415 (23) "Treatment" means any currently standardized medical or mental health procedure including medication.

The office of public defense shall provide counsel to represent the person throughout the term of commitment, includingas duringprovided anyin periodchapter of2.70 p.RCW.

8p. SSB 5415 conditional release, until legal termination of commitment and final unconditional release, as provided in chapter 2.70 RCW.

8 SB 5415 (2) A person may waive his or her right to counsel;

An expert or professional person obtained by an indigent person pursuant to the provisions of this chapter shall be compensated for his or her services out of funds of the department, in an amount determined by the secretary to be fair and reasonable,reasonable , except that an expert or professional person obtained by a person who is committed following acquittal by reason of insanity and committed to state psychiatric care shall be compensated out of funds of the office of public defense as provided in policies and procedures under chapter 2.70 RCW, in a manner consistent with the rules of professional conduct and the standards for indigent defense.

(((5))) (6) In a sanity evaluation conducted under this chapter, if a defendant refuses to answer questions or to participate in an p.

9 SSBSB 5415 (((5))) (6) In a sanity evaluation conducted under this chapter, if a defendant refuses to answer questions or to participate in an examination conducted in response to the defendant's assertion of an insanity defense, the court shall exclude from evidence at trial any testimony or evidence from any expert or professional person obtained or retained by the defendant.

The secretary shall, after considering the reports of experts or professional persons conducting the examination pursuant to RCW 10.77.140, forward to the court of the county which ordered the person's commitment the person's application for conditional release as well as the secretary's recommendations concerning the application and any p.proposed terms and conditions upon which the secretary reasonably believes the person can be conditionally released.

10Conditional SSBp. 5415 proposed terms and conditions upon which the secretary reasonably believes the person can be conditionally released.

Conditional10 SB 5415 release may also contemplate partial release for work, training, or educational purposes.

(c) The issue to be determined at such a hearing is whether or not the person may be released conditionally to less restrictive alternative treatment under the supervision of a multidisciplinary transition team under conditions imposed by the court, including access to services under RCW 10.77.175 without substantial danger to p.

11 SSBSB 5415 access to services under RCW 10.77.175 without substantial danger to other persons, or substantial likelihood of committing criminal acts jeopardizing public safety or security.

and (c) If the court requires participation in behavioral health treatment, the name of the licensed or certified behavioral health agency responsible for identifying the services the person will p.

12 SSBSB 5415 agency responsible for identifying the services the person will receive under RCW 10.77.175, and a requirement that the person cooperate with the services planned by the licensed or certified behavioral health agency.

13 SSBSB 5415 conditional release by instead supporting limited conditional release.

14 SSBSB 5415 later than every two years thereafter, such time to be scheduled by the court.

15 SSBSB 5415 day.

16 SSBSB 5415 secretary may consider the reports filed under RCW 10.77.060, 10.77.110, 10.77.140, and 10.77.160, and other reports and evaluations provided by professionals familiar with the case.

17 SSBSB 5415 public safety or security, unless kept under further control by the court or other persons or institutions.

18 SSBSB 5415 facility than a state mental hospital, the superintendent shall send written notice of the conditional release, release, authorized furlough, or transfer of a person who has been found not guilty of a sex, violent, or felony harassment offense by reason of insanity and who is now in the custody of the department pursuant to this chapter, to the following:

19 SSBSB 5415 next of kin if the crime was a homicide.

(3) The office of public defense shall be responsible for costs of public defense services, including defense expert and professional services, for indigent persons acquitted by reason of insanity throughout the term of their commitment to state psychiatric care,care. p.

20p. SSB 5415 including during any period of conditional release, until legal termination of commitment and final unconditional release.

20 SB 5415 NEW SECTION.

21 SSBSB 5415