HB 1218 — Concerning persons referred for competency evaluation and restoration services.

9 HB 1218 notice of intent to terminate the outpatient competency restoration placement.

p.(3) For a defendant whose highest charge is a class C felony, or a class B felony that is not classified as violent under RCW 9.94A.030, the maximum time allowed for the initial competency restoration period is 45 days if the defendant is referred for inpatient competency restoration, or 90 days if the defendant is referred for outpatient competency restoration, provided that if the outpatient competency restoration placement is terminated and the defendant is subsequently admitted to an inpatient facility, the period of inpatient treatment during the first competency restoration period under this subsection shall not exceed 45 days.

10(4) SHBWhen 1218any (3) For a defendant whose highest charge is a class C felony, or a class B felony thatother isthan notassault classifiedin asthe violentthird degree under RCW 9.94A.030,9A.36.031(1) the(d) maximum time allowed for the initial competency restoration period is 45 days if the defendant is referred for inpatient competency restoration, or 90(f), daysfelony ifphysical thecontrol defendant is referred for outpatient competency restoration, provided that if the outpatient competency restoration placement is terminated and the defendant is subsequently admitted to an inpatient facility, the period of inpatienta treatmentvehicle during the first competency restoration period under thisRCW subsection46.61.504(6), shallp. not exceed 45 days.

(4)10 WhenHB any1218 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 trial following that period of competency restoration, the court shall dismiss the charges pursuant to subsection (7) of this section.

The defendant, the defendant's attorney, p.and the prosecutor have the right to demand that the hearing be before a jury.

11 SHB 1218 and the prosecutor have the right to demand that the hearing be before a jury.

(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 restorationp. period under subsection (4) or (6) of this section, if the jury or court finds that the defendant is incompetent to stand trial, 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, Sundays, and holidays, for evaluation for the purpose of filing a civil commitment petition under chapter 71.05 RCW.

11 HB 1218 restoration period under subsection (4) or (6) of this section, if the jury or court finds that the defendant is incompetent to stand trial, 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, Sundays, and holidays, for evaluation for the purpose of filing a civil commitment petition under chapter 71.05 RCW.

p.(8) Any period of competency restoration treatment under this section includes only the time the defendant is actually at the facility or is actively participating in an outpatient competency restoration program and is in addition to reasonable time for transport to or from the facility.

12 SHB 1218 (8) Any period of competency restoration treatment under this section includes only the time the defendant is actually at the facility or is actively participating in an outpatient competency restoration program and is in addition to reasonable time for transport to or from the facility.

The court shall notify the defendant orally and in writing that the defendant may not possess a firearm unless the defendant's right to do so is restored by the superior court that issued the order under RCW 9.41.047, and that the defendant must immediatelyp. surrender all firearms and any concealed pistol license to their local law enforcement agency.

12 HB 1218 immediately surrender all firearms and any concealed pistol license to their local law enforcement agency.

If p.the defendant is subject to an order under chapter 71.05 RCW or proceedings under chapter 71.05 RCW have been initiated, there is a rebuttable presumption that there is no compelling state interest in ordering competency restoration treatment.

13 SHB 1218 the defendant is subject to an order under chapter 71.05 RCW or proceedings under chapter 71.05 RCW have been initiated, there is a rebuttable presumption that there is no compelling state interest in ordering competency restoration treatment.

(2)(a) If a court finds pursuant to subsection (1)(b) of this section that there is a compelling state interest in pursuing competency restoration treatment, the court shall order the defendant to receive outpatient competency restoration consistent with the recommendation of the forensic navigator, unless the court finds that anp. order for outpatient competency restoration is inappropriate considering the health and safety of the defendant and risks to public safety.

13 HB 1218 an order for outpatient competency restoration is inappropriate considering the health and safety of the defendant and risks to public safety.

Upon receipt of this notice, the court shall schedule a hearing within 10five days to review the information provided by the department, conditions of release of the defendant, and anticipated release date from inpatient treatment.

The court shall issue appropriate orders if it finds that the defendant's p.condition has so changed that they are a suitable candidate for outpatient competency restoration.

14 SHB 1218 condition has so changed that they are a suitable candidate for outpatient competency restoration.

The outpatient competency restoration program shall monitor the defendant during the defendant's placement in the program and report any noncompliance or significantp. changes with respect to the defendant to the department and, if applicable, the forensic navigator.

14 HB 1218 significant changes with respect to the defendant to the department and, if applicable, the forensic navigator.

If medical clearance is p.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 restoration facility.

15 SHB 1218 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 restoration facility.

(ii) The department shall notify the court and parties of the defendant's admission for inpatient competency restoration before the closep. of the next judicial day.

15 HB 1218 close of the next judicial day.

The court shall direct the clerk to transmit an order to the department of licensing reinstating the defendant's driver's license if the defendant is subsequently restored to competency, and may do p.so at any time before the end of one year for good cause upon the petition of the defendant.

16 SHB 1218 so at any time before the end of one year for good cause upon the petition of the defendant.

The evaluationp. may be conducted in any location chosen by the professional.

16 HB 1218 evaluation may be conducted in any location chosen by the professional.

The court shall p.notify the defendant orally and in writing that the defendant may not possess a firearm unless the defendant's right to do so is restored by the superior court that issued the order under RCW 9.41.047, and that the defendant must immediately surrender all firearms and any concealed pistol license to their local law enforcement agency.

17 SHB 1218 notify the defendant orally and in writing that the defendant may not possess a firearm unless the defendant's right to do so is restored by the superior court that issued the order under RCW 9.41.047, and that the defendant must immediately surrender all firearms and any concealed pistol license to their local law enforcement agency.

Sec.p.

17 HB 1218 Sec.

(2) AnyUpon time a petition is filed seeking a court order authorizing the involuntary medication for purposesinpatient of competency restoration pursuantunder to RCW 10.77.084,10.77.086, if the petitioncourt musthas alsosufficient seekinformation authorization to continuedetermine involuntary medication for purposes of maintaining the levelcriteria ofestablished restorationunder inSell thev. jail or juvenile detention facility following the restoration period.

United States has been established, then the court must make a medication determination under this section.

(3) Any time a petition is filed seeking a court order authorizing the involuntary medication for purposes of competency restoration pursuant to RCW 10.77.084, the petition must also seek authorization to continue involuntary medication for purposes of maintaining the level of restoration in the jail or juvenile detention facility following the restoration period.

(((3))) (4)(a) In a particular case, a court may determine that a pending charge not otherwise defined as serious by state or federal law or by a city or county ordinance is, nevertheless, a serious offense within the context of competency restoration treatment when the conduct in the charged offense falls within the standards established in (b) of this subsection.

18 SHBHB 1218 (3)(a)(b) InTo a particular case, a court may determine that athe pendingparticular chargecase notis otherwisea defined as serious byoffense statewithin orthe federalcontext lawof orcompetency byrestoration, athe citycourt ormust countyconsider ordinancethe is,following nevertheless,factors aand seriousdetermine offensethat withinone theor contextmore of competencythe restorationfollowing treatmentfactors whencreates thea conductsituation in which the charged offense fallsis withinserious: the standards established in (b) of this subsection.

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

(4) For a defendant ordered to inpatient competency restoration, the department shall promptly notify the court and parties whenever it appears the defendant's condition and amenability to treatment are such that an order for involuntary medication is necessary.

Any such notice to the court and parties shall provide pertinent information concerning the applicable criteria under Sell v.

United States, 539 U.S.

166, 123 S.Ct.

2174, 156 L.Ed.2d 197 (2003).

Upon receipt of this notice, the court shall schedule a hearing within 10 days to consider an order for involuntary medication.

(5) For any hearing pertaining to involuntary medication, the parties, the witnesses, the interpreters, and the presiding judicial officer shall be present and participate by video.

The term "video," as used in this section, includes any functional equivalent.

At any hearing conducted by video, the technology used must permit the judicial officer, counsel, all parties, and the witnesses to be able to see, hear, and speak, when authorized, during the hearing;

to allow attorneys to use exhibits or other materials during the hearing;

and to allow the respondent's counsel to be in the same p.

19 SHB 1218 location as the respondent unless otherwise requested by the respondent or the respondent's counsel.

Witnesses in a proceeding may also appear in court through other means, including telephonically, pursuant to the requirements of superior court civil rule 43.

Notwithstanding the foregoing, the court, upon its own motion or upon a motion for good cause by any party, may require some or all parties and witnesses to participate in the hearing in person rather than by video.

In ruling on any such motion, the court may allow in-person or video testimony;

and the court may consider, among other things, whether the respondent's alleged behavioral health disorder affects the respondent's ability to perceive or participate in the proceeding by video.

(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking servicesp. on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies.

The19 HB 1218 services on behalf of treasury incomefunds accountincluding, isbut subjectnot inlimited allto, respectsdepository, tosafekeeping, chapterand 43.88disbursement RCW,functions butfor nothe appropriationstate istreasury p.and affected state agencies.

20The SHBtreasury 1218income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions.

The abandoned recreational vehicle disposal account, the aeronautics account, the Alaskan Way viaduct replacement project account, the ambulance transport fund, behavioral health diversion fund, the budget stabilization account, the capital vessel replacement account, the capitol building construction account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Chehalis basin account, the Chehalis basin taxable account, the clean fuels credit account, the clean fuels transportation investment account, the cleanup settlement account, the climate active transportation account, the climate transit programs account, the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, the Columbia river basin water supply revenue recovery account, the common school construction fund, the community forest trust account, the connecting Washington account, the county arterial preservation account, the county criminal justice assistance account, the covenant homeownership account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community services account, the diesel idle reduction account, the opioid abatement settlement account, the drinking water assistance account, the administrative subaccount of the drinking water assistance account, the early learning facilities development account, the early learning facilities revolving account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the electric vehicle account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the p.

2120 SHBHB 1218 construction fund, the education legacy trust account, the election account, the electric vehicle account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the fair start for kids account, the family medicine workforce development account, the ferry bond retirement fund, the fish, wildlife, and conservation account, the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the higher education retirement plan supplemental benefit fund, the Washington student loan account, the highway bond retirement fund, the highway infrastructure account, the highway safety fund, the hospital safety net assessment fund, the Interstate 5 bridge replacement project account, the Interstate 405 and state route number 167 express toll lanes account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the limited fish and wildlife account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the marine resources stewardship trust account, the medical aid account, the money-purchase retirement savings administrative account, the money- purchase retirement savings principal account, the motor vehicle fund, the motorcycle safety education account, the move ahead WA account, the move ahead WA flexible account, the multimodal transportation account, the multiuse roadway safety account, the municipal criminal justice assistance account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the pilotage account, the pollution liability insurance agency underground storage tank revolving account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account, the public health supplemental account, the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the Puget Sound Gateway facility account, the Puget Sound taxpayer accountability account, the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the reserve officers' relief and pension principal fund, the resource management cost account, the rural arterial trust account, the rural mobility grant program account, the rural Washington loan fund, the second injury fund, the sexual assault prevention and response account, the site closure account, the skilled nursing facility safety net trust fund, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the p.

2221 SHBHB 1218 second injury fund, the sexual assault prevention and response account, the site closure account, the skilled nursing facility safety net trust fund, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state hazard mitigation revolving loan account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state reclamation revolving account, the state route number 520 civil penalties account, the state route number 520 corridor account, the statewide broadband account, the statewide tourism marketing account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll facility bond retirement account, the transportation 2003 account (nickel account), the transportation equipment fund, the JUDY transportation future funding program account, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tribal opioid prevention and treatment account, the University of Washington bond retirement fund, the University of Washington building account, the voluntary cleanup account, the volunteer firefighters' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the vulnerable roadway user education account, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving administration account, the water pollution control revolving fund, the Western Washington University capital projects account, the Yakima integrated plan implementation account, the Yakima integrated plan implementation revenue recovery account, and the Yakima integrated plan implementation taxable bond account.

Earnings derived from investingp. balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts.

p.22 HB 1218 investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts.

23 SHB 1218 (b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.

The treasury income account is subjectp. in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions.

23 HB 1218 subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions.

p.(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account.

24 SHB 1218 (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account.

The abandoned recreational vehicle disposal account, the aeronautics account, the Alaskan Way viaduct replacement project account, behavioral health diversion fund, the budget stabilization account, the capital vessel replacement account, the capitol building construction account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Chehalis basin account, the Chehalis basin taxable account, the clean fuels credit account, the clean fuels transportation investment account, the cleanup settlement account, the climate active transportation account, the climate transit programs account, the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, the Columbia river basin water supply revenue recovery account, the common school construction fund, the community forest trust account, the connecting Washington account, the county arterial preservation account, the county criminal justice assistance account, the covenant homeownership account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community services account, the diesel idle reduction account, the opioid abatement settlement account, the drinking water assistance account, the administrative subaccount of the drinking water assistance account, the early learning facilities development account, the early learning facilities revolving account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the electric vehicle account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the fair start for kids account, the family medicine workforce development account, the ferry bond retirement fund, the fish, wildlife, and conservation account, the freight mobility investment account, the freight mobility multimodal p.

2524 SHBHB 1218 College capital projects account, the fair start for kids account, the family medicine workforce development account, the ferry bond retirement fund, the fish, wildlife, and conservation account, the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the higher education retirement plan supplemental benefit fund, the Washington student loan account, the highway bond retirement fund, the highway infrastructure account, the highway safety fund, the hospital safety net assessment fund, the Interstate 5 bridge replacement project account, the Interstate 405 and state route number 167 express toll lanes account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the limited fish and wildlife account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the marine resources stewardship trust account, the medical aid account, the money-purchase retirement savings administrative account, the money-purchase retirement savings principal account, the motor vehicle fund, the motorcycle safety education account, the move ahead WA account, the move ahead WA flexible account, the multimodal transportation account, the multiuse roadway safety account, the municipal criminal justice assistance account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the pilotage account, the pollution liability insurance agency underground storage tank revolving account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account, the public health supplemental account, the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the Puget Sound Gateway facility account, the Puget Sound taxpayer accountability account, the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the reserve officers' relief and pension principal fund, the resource management cost account, the rural arterial trust account, the rural mobility grant program account, the rural Washington loan fund, the second injury fund, the sexual assault prevention and response account, the site closure account, the skilled nursing facility safety net trust fund, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state hazard mitigation revolving loan account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state reclamation revolving account, the state p.

2625 SHBHB 1218 special wildlife account, the state hazard mitigation revolving loan account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state reclamation revolving account, the state route number 520 civil penalties account, the state route number 520 corridor account, the statewide broadband account, the statewide tourism marketing account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll facility bond retirement account, the transportation 2003 account (nickel account), the transportation equipment fund, the JUDY transportation future funding program account, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tribal opioid prevention and treatment account, the University of Washington bond retirement fund, the University of Washington building account, the voluntary cleanup account, the volunteer firefighters' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the vulnerable roadway user education account, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving administration account, the water pollution control revolving fund, the Western Washington University capital projects account, the Yakima integrated plan implementation account, the Yakima integrated plan implementation revenue recovery account, and the Yakima integrated plan implementation taxable bond account.

(b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall p.

2726 SHBHB 1218 (b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.

For any county with an average less than two inpatient competency orders in fiscal years 2017 and 2018, the incentivebaseline cap shall be set at one individual.

(d) Commencing in fiscal year 20272026 and each fiscal year thereafter, for each inpatient competency order that exceeds the baseline number identified in (b) of this subsection, a county shall pay the penalty amount described in (f) of this subsection.

The first reconciliation will be August 15, 2027.2026.

(i) InEach fiscal year 2027, each county shall make penalty payments equivalent to 25 percent of the rate for the third and fourth inpatient competency orders over the baseline, 50 percent of the rate for the fifth, sixth, and seventh inpatient competency orders over the baseline, 75 percent of the rate for the eighth and ninth inpatient competency orders over the baseline, and 100 percent of the p.

2827 SHBHB 1218 orders over the baseline, 50 percent of the rate for the fifth, sixth, and seventh inpatient competency orders over the baseline, 75 percent of the rate for the eighth and ninth inpatient competency orders over the baseline, and 100 percent of the rate for the 10th and all subsequent inpatient competency orders over the baseline;

(ii) Commencing with fiscal year 20282027 and each fiscal year thereafter, eacha county shallthat makecreates penaltya paymentsbehavioral equivalenthealth diversion plan as defined in section 14 of this act designed to 150prevent percentfurther growth of theinpatient ratecompetency orders, for the third and any subsequent individual inpatient competency orders over the baseline.baseline, shall make penalty payments equivalent to 100 percent of the rate;

(g)(iii) Commencing with fiscal year 2027,2027 and each fiscal year thereafter, any county shallwithout remita paymentbehavioral tohealth thediversion departmentplan as defined in ansection amount14 equalof tothis act, for the amountthird identifiedand inany thesubsequent invoiceindividual issuedinpatient tocompetency orders over the countybaseline, administratorshall ormake theirpenalty designeepayments byequivalent to 150 percent of the department.rate.

(g) Commencing with fiscal year 2026, each county shall remit payment to the department in an amount equal to the amount identified in the invoice issued to the county administrator or their designee by the department.

The penalty funds shall be collected as revenue by the department and deposited into the behavioral health diversion fundfund, created in section 10 of this act.

NEWp. SECTION.

28 HB 1218 NEW SECTION.

Any county that reduces its total annual inpatient competency referrals below the incentive cap established by the department in section 9(1)(c) of this act,act or that reduces its overall orders for any competency service by at least 40 percent for a given fiscal year,year shall be eligible to request an appropriation from the behavioral health diversion fund.

Any funds appropriated to a county from the behavioral health diversion fund mustshall be used toward services or supports that either prevent individuals with behavioral health needs from entering the criminal justice system or that p.diverts them away from the criminal justice system once incarcerated.

29 SHB 1218 diverts them away from the criminal justice system once incarcerated.

Commencing January 1, 2027,2026, the department shall providenotify notice on a quarterly basis to the superior, district, and municipal courts and relevant county agencies of each county including, but not limited to, the county administrator, behavioral health department, sheriff, public defender, and district attorney ofon a quarterly basis the total number of inpatient competency restoration orders made in that county for the current fiscal year compared to the baseline determination for that county.

(1) Beginning in fiscal year 2026 and commencing no later than August 15, 2025, the department of social and health services in partnership with the health care authority shall convene a tasktaskforce force to determine rules, policies, protocols, and other related requirements to implement a growth cap system for inpatient competency services.

This must include aeligibility determinationrequirements on rulesthe andnecessary requirementselements tofor determinea countybehavioral ofhealth origindiversion forplan purposesto ofmeet the threshold as described in section 99(1)(f) of this act.

The tasktaskforce force must also addressinclude eligibilitya requirementsdetermination on therules necessaryand elementsrequirements to determine county of origin for behavioralpurposes healthof diversionthis plans.act.

The tasktaskforce force shall submitproduce a report no later than June 1, 2026, to the governor andp. appropriate committees of the legislature.

The29 taskHB force1218 shall,and atappropriate acommittees minimum,of include partners from local government, the criminallegislature. justice system, behavioral health providers, tribes, people with lived experience, and disability rights Washington or a designee.

The taskforce shall, at a minimum, include partners from local government, the criminal justice system, behavioral health providers, tribes, people with lived experience, and disability rights Washington or a designee.

(1) For purposes of this section, "behavioral health diversion" means adult jail diversion, whereby a person who has a behavioral health need may still have involvement with the criminal justice system but spends little to no time in a jail facility and is instead p.connected to community-based treatment and support services either with or without court involvement or correctional supervision.

30 SHB 1218 connected to community-based treatment and support services either with or without court involvement or correctional supervision.

(b) The plandepartment mustshall include,establish butrules isto notdetermine limitedthe to:eligibility, elements, and criteria needed to establish a behavioral health diversion plan under this subsection.

(i) Specific measures to reduce the number of individuals with behavioral health needs whose highest charge is up to a class C felony from entering or remaining in the criminal justice system;

(ii) Specific measures to increase diversion of individuals with behavioral health needs whose highest charge is up to a class C felony away from the competency system;

(iii) Specific measures to identify individuals for whom a court has made multiple prior findings of nonrestorability, and strategies to prevent future competency evaluation or restoration orders and instead utilize diversion options for these individuals;

(iv) Strategies to reduce recidivism for individuals with behavioral health needs who are likely to be referred for a competency service within the next six months based on history of prior referrals, prior inpatient psychiatric treatment episodes, criminal justice system involvement, or homelessness;

(v) A strategic plan to create programming, services, and supports, including housing supports, along each intercept in the sequential intercept model for the county;

(vi) A communications and collaboration plan that will incorporate key stakeholders into the development of the behavioral health diversion plan.

This may include the development of a steering committee or task force.

Key stakeholders for this purpose must include people with lived experience, criminal justice system participants, an individual with housing and homelessness expertise, the behavioral health administrative service organization for the county, behavioral health providers, and tribes.

(b) The department may provide technical assistance and data to counties developing behavioral health diversion plans.

p.NEW SECTION.

31 SHB 1218 NEW SECTION.

3230 SHBHB 1218