HB 2558 — Mental health sentencing alt

Summary

Concerning the mental health sentencing alternative.

Bill Text

Compared against the Revised Code of Washington as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Revised Code of Washington: RCW 9.94A.695.

• RCW 9.94A.695

  a or serious mental illness (c) , as determined by the judge; and (d) The defendant is willing to participate in the sentencing alternative To determine whether the defendant has a serious mental illness, the court may rely on information including reports completed pursuant to chapters 71.05 and 10.77 RCW, or other mental health professional as defined in RCW 71.05.020, or other information and records related to mental health services. Information and records relating to mental health services must be handled consistently with RCW 9.94A.500(2). If insufficient information is available to determine whether a defendant has a serious mental illness, the court may order an examination of the defendant. The court may waive the production of this report if sufficient information is available to the court to make a determination under subsection (4) of this section. proposed mental illness , including an intake evaluation, a psychiatric evaluation, and development of an individualized plan of treatment which shall be submitted as soon as possible to the department and the court (ii) (b) (c) (d) consider 12 may the interests of justice and if needed if the defendant has a diagnosis of a substance use disorder The reimburse for the following services provided : (a) In-custody mental health assessments; p. 6 HB 2558 (b) In-custody preliminary treatment plan development; and (c) Ongoing : (a) "Serious mental illness" means a mental, behavioral, or emotional disorder resulting in a serious functional impairment, which substantially interferes with or limits one or more major life activities. (b) "Victim" → read as follows: (1) A defendant is eligible for the mental health sentencing alternative if: (a) The defendant is convicted of a felony that is not : (i) A serious violent offense ; (ii) A sex offense, except for failure to register under RCW 9A.44.132; or (iii) A domestic violence offense committed against an intimate partner, except where the victim and the prosecuting attorney both consent to the defendant's participation in the sentencing alternative; (b) The defendant has no prior convictions in this state, and no prior convictions for an equivalent out-of-state or federal offense, for any violent offense within 10 years before conviction of the current offense; (c) The defend psychotic disorder mental health professionals at the time of sentencing, including schizophrenia, schizoaffective disorder, and bipolar disorder with psychotic features, but excluding substance-induced psychotic disorder; (d) The defendant is willing to participate in the sentencing alternative; and (e) As determined by the judge: (i) The defendant and the community would benefit from supervision and treatment ; (ii) The defendant's untreated psychotic disorder was a significant contributing factor in the commission of the offense; and (iii) There is a reasonable probability that the defendant's psychotic disorder can be appropriately managed with psychotropic medications, including but not limited to long-acting injectable antipsychotics. (2) A motion for a sentence under this section may be made by any party or the court, but is contingent upon the defendant's agreement to participate in the sentencing alternative. (3) To assist the court in its determination, the department shall provide a written report, which shall be in the form of a presentence investigation. Such report may be ordered by the court on the motion of a party prior to conviction if such a report will facilitate negotiations. The report must contain: (a) The defendant's diagnosis of a psychotic disorder; (b) The opinion of a physician, physician assistant, or advanced registered nurse practitioner who has evaluated the defendant, that there is a reasonable probability that the defendant's psychotic disorder can be appropriately managed with psychotropic medications; (c) If available, information including reports completed pursuant to chapters 71.05 and 10.77 RCW, reports completed by a mental health professional as defined in RCW 71.05.020, and other information and records related to mental health services, subject to the requirements and limitations under RCW 9.94A.500(2); (d) The opinion of the department regarding the appropriateness of the sentencing alternative and the suitability of the defendant for supervision; (e) A treatment plan for the defendant's psychotic disorder, including at a minimum: (i) The name and address of a treatment provider that is agreeing to provide treatment to the defendant and that accepts the defendant's insurance; (ii) A completed psychiatric evaluation from within the last six months conducted by a physician, physician assistant, or advanced registered nurse practitioner with a specialty in psychiatric medicine and experience working with individuals with a criminal history; (iii) An individualized plan of treatment, including requirements for psychotropic medications and counseling; and (iv) An agreement by the treatment provider o monitor the progress of the defendant on the sentencing alternati , provide updates to the department and the court on such progress, par nt an if sonab nti compl (f) eme rega rin y fam (g) ati con (h) (4) After consideration of all available information and determining whether the defendant is eligible, the court shall consider whether the defendant and the community will benefit from the use of this sentencing alternative. The court shall give serious consideration to the victim's opinion about whether the defendant should receive a sentence under this section. If the sentencing court determines that a sentence

  amended

Action History

1. January 19, 2026

   First reading, referred to Community Safety.

Sponsors

• (Walen) · Primary

Subjects