Competency eval. & restor.

AN ACT Relating to persons referred for competency evaluation and 1
restoration services within the framework of the forensic mental 2
health care system consistent with the requirements agreed to in the 3
Trueblood settlement agreement; amending RCW 10.77.074, 10.77.084, 4
10.77.086, 10.77.088, and 10.77.092; reenacting and amending RCW 5
43.84.092 and 43.84.092; adding new sections to chapter 10.77 RCW; 6
creating a new section; providing an effective date; and providing 7
expiration dates. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9
NEW SECTION. Sec. 1. The legislature finds that individuals 10
referred for services related to competency to stand trial requiring 11
admission into a psychiatric facility are experiencing significantly 12
reduced wait times for competency services. In order to preserve 13
these critical gains, for the benefit of the state and those 14
individuals awaiting services, the legislature finds that 15
implementing measures to reduce the continued growth of referrals to 16
the competency system are necessary. The state's forensic bed 17
capacity forecast model indicates that if the state continues to 18
receive competency referrals from local superior, district, and 19
municipal courts at the same volume, the state will again fall 20
behind.21
Z-0264.2
HOUSE BILL 1218
State of Washington 69th Legislature 2025 Regular Session
By Representatives Farivar, Macri, Reed, Simmons, Wylie, Pollet,
Street, Ormsby, Scott, Salahuddin, Parshley, and Hill; by request of
Governor Inslee
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 1218
The legislature further finds that historical investments and 1
policy changes have been made in behavioral health services over the 2
past several years, designed to both increase capacity to provide 3
competency to stand trial services and to reduce the need for them by 4
creating opportunities for diversion, prevention, and improved 5
community health. New construction at western state hospital has 6
resulted in the opening of 58 forensic psychiatric beds in the first 7
quarter of 2023, while emergency community hospital contracts 8
expanded to allow for the discharge or transfer of over 50 civil 9
conversion patients occupying forensic state hospital beds over the 10
same period. Sixteen beds for civil conversion patients opened at 11
Maple Lane school in the first quarter of 2023, with 30 additional 12
beds for patients acquitted by reason of insanity opened in early 13
2024. The state also acquired a new facility in 2024, now known as 14
Olympic Heritage behavioral health, which added to this historic rise 15
in bed capacity in the state of Washington. Over a longer time 16
period, 350 forensic beds are planned to open within a new forensic 17
hospital on the western state hospital campus between 2028 and 2029. 18
Policy and budget changes have increased capacity for assisted 19
outpatient treatment, 988 crisis response, use of medication for 20
opioid use disorders in jails and community settings, reentry 21
services, and mental health advance directives, and created new 22
behavioral health facility types, supportive housing, and supportive 23
employment services. Forensic navigator services, outpatient 24
competency restoration programs, clinical intervention specialists 25
and other specialty forensic services are now available and 26
continuing to be deployed in phase one, two, and three Trueblood 27
settlement regions. 28
The legislature further finds that these investments over a 29
period of many years have made significant improvements in the wait 30
times for competency services. Even so, there remains a need for 31
everyone to come together to find solutions to both reduce demand for 32
forensic services and shrink the number of individuals whose only 33
access to behavioral health care is through the criminal justice 34
system. Forensic services should be reserved only for those where the 35
state's interest is sufficient to justify the detention and greater 36
efforts are needed to prevent or divert individuals with behavioral 37
health needs from being unnecessarily incarcerated. The state needs 38
collaboration from local governments and other entities to provide 39
and develop services and supports to patients connected to the 40
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forensic system, to reduce the flow of competency referrals coming 1
from municipal, district, and superior courts, and to improve 2
availability and effectiveness of behavioral health services provided 3
outside the criminal justice system. 4
Sec. 2. RCW 10.77.074 and 2023 c 453 s 5 are each amended to 5
read as follows: 6
(1) Subject to the limitations described in subsection (2) of 7
this section, a court may appoint an impartial forensic navigator 8
employed by or contracted by the department to assist individuals who 9
have been referred for competency evaluation for level B and level C 10
felonies and all misdemeanors and shall appoint a forensic navigator 11
in circumstances described under RCW 10.77.072. Level A felonies will 12
not be referred to forensic navigators unless requested by the court.13
(2) A forensic navigator must assist the individual to access 14
services related to diversion and community outpatient competency 15
restoration. The forensic navigator must assist the individual, 16
prosecuting attorney, defense attorney, and the court to understand 17
the options available to the individual and be accountable as an 18
officer of the court for faithful execution of the responsibilities 19
outlined in this section. 20
(3) The duties of the forensic navigator include, but are not 21
limited to, the following: 22
(a) To collect relevant information about the individual, 23
including behavioral health services and supports available to the 24
individual that might support placement in outpatient restoration, 25
diversion, or some combination of these; 26
(b) To meet with, interview, and observe the individual;27
(c) To assess the individual for appropriateness for assisted 28
outpatient treatment under chapter 71.05 RCW; 29
(d) To present information to the court in order to assist the 30
court in understanding the treatment options available to the 31
individual to support the entry of orders for diversion from the 32
forensic mental health system or for community outpatient competency 33
restoration, to facilitate that transition; 34
(e) To provide regular updates to the court and parties of the 35
status of the individual's participation in diversion or outpatient 36
services and be responsive to inquiries by the parties about 37
treatment status; 38
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(f) When the individual is ordered to receive community 1
outpatient restoration, to provide services to the individual 2
including: 3
(i) Assisting the individual with attending appointments and 4
classes relating to outpatient competency restoration;5
(ii) Coordinating access to housing for the individual;6
(iii) Meeting with the individual on a regular basis;7
(iv) Providing information to the court concerning the 8
individual's progress and compliance with court-ordered conditions of 9
release, which may include appearing at court hearings to provide 10
information to the court; 11
(v) Coordinating the individual's access to community case 12
management services and mental health services; 13
(vi) Assisting the individual with obtaining prescribed 14
medication and encouraging adherence with prescribed medication;15
(vii) Assessing the individual for appropriateness for assisted 16
outpatient treatment under chapter 71.05 RCW and coordinating the 17
initiation of an assisted outpatient treatment order if appropriate;18
(viii) Planning for a coordinated transition of the individual to 19
a case manager in the community behavioral health system;20
(ix) Attempting to follow-up with the individual to check whether 21
the meeting with a community-based case manager took place;22
(x) When the individual is a high utilizer, attempting to connect 23
the individual with high utilizer services; and 24
(xi) Attempting to check up on the individual at least once per 25
month for up to sixty days after coordinated transition to community 26
behavioral health services, without duplicating the services of the 27
community-based case manager; 28
(g) If the individual is an American Indian or Alaska Native who 29
receives medical, behavioral health, housing, or other supportive 30
services from a tribe within this state, to notify and coordinate 31
with the tribe and Indian health care provider. Notification shall be 32
made in person or by telephonic or electronic communication to the 33
tribal contact listed in the authority's tribal crisis coordination 34
plan as soon as possible. 35
(4) Forensic navigators may submit recommendations to the court 36
regarding treatment and restoration options for the individual, which 37
the court may consider and weigh in conjunction with the 38
recommendations of all of the parties. 39
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(5) Forensic navigators shall be deemed officers of the court for 1
the purpose of immunity from civil liability. 2
(6) The signed order for competency evaluation from the court 3
shall serve as authority for the forensic navigator to be given 4
access to all records held by a behavioral health, educational, or 5
law enforcement agency or a correctional facility that relates to an 6
individual. Information that is protected by state or federal law, 7
including health information, shall not be entered into the court 8
record without the consent of the individual or their defense 9
attorney. 10
(7) Admissions made by the individual in the course of receiving 11
services from the forensic navigator may not be used against the 12
individual in the prosecution's case in chief. 13
(8) A court may not issue an order appointing a forensic 14
navigator unless the department certifies that there is adequate 15
forensic navigator capacity to provide these services at the time the 16
order is issued. 17
Sec. 3. RCW 10.77.084 and 2023 c 453 s 6 are each amended to 18
read as follows: 19
(1)(a) If at any time during the pendency of an action and prior 20
to judgment the court finds, following a report as provided in RCW 21
10.77.060, a defendant is incompetent, the court shall order the 22
proceedings against the defendant be stayed except as provided in 23
subsection (4) of this section. Beginning October 1, 2023, if the 24
defendant is charged with a serious traffic offense under RCW 25
9.94A.030, or a felony version of a serious traffic offense, the 26
court may order the clerk to transmit an order to the department of 27
licensing for revocation of the defendant's driver's license for a 28
period of one year. 29
(b) The court may order a defendant who has been found to be 30
incompetent to undergo competency restoration treatment at a facility 31
designated by the department if the defendant is eligible under RCW 32
10.77.086 or 10.77.088. At the end of each competency restoration 33
period or at any time a professional person determines competency has 34
been, or is unlikely to be, restored, the defendant shall be returned 35
to court for a hearing, except that if the opinion of the 36
professional person is that the defendant remains incompetent and the 37
hearing is held before the expiration of the current competency 38
restoration period, the parties may agree to waive the defendant's 39
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presence, to remote participation by the defendant at a hearing, or 1
to presentation of an agreed order in lieu of a hearing. The facility 2
shall promptly notify the court and all parties of the date on which 3
the competency restoration period commences and expires so that a 4
timely hearing date may be scheduled. 5
(c) If, following notice and hearing or entry of an agreed order 6
under (b) of this subsection, the court finds that competency has 7
been restored, the court shall lift the stay entered under (a) of 8
this subsection. If the court finds that competency has not been 9
restored, the court shall dismiss the proceedings without prejudice, 10
except that the court may order a further period of competency 11
restoration treatment if it finds that further treatment within the 12
time limits established by RCW 10.77.086 or 10.77.088 is likely to 13
restore competency, and a further period of treatment is allowed 14
under RCW 10.77.086 or 10.77.088. 15
(d) If at any time during the proceeding the court finds, 16
following notice and hearing, a defendant is not likely to regain 17
competency, the court shall dismiss the proceedings without prejudice 18
and refer the defendant for civil commitment evaluation or 19
proceedings if appropriate under RCW 10.77.065, 10.77.086, or 20
10.77.088. 21
(e) Beginning October 1, 2023, if the court issues an order 22
directing revocation of the defendant's driver's license under (a) of 23
this subsection, and the court subsequently finds that the 24
defendant's competency has been restored, the court shall order the 25
clerk to transmit an order to the department of licensing for 26
reinstatement of the defendant's driver's license. The court may 27
direct the clerk to transmit an order reinstating the defendant's 28
driver's license before the end of one year for good cause upon the 29
petition of the defendant. 30
(2) If the defendant is referred for evaluation by a designated 31
crisis responder under this chapter, the designated crisis responder 32
shall provide prompt written notification of the results of the 33
evaluation and whether the person was detained. The notification 34
shall be provided to the court in which the criminal action was 35
pending, the prosecutor, the defense attorney in the criminal action, 36
and the facility that evaluated the defendant for competency.37
(3) The fact that the defendant is unfit to proceed does not 38
preclude any pretrial proceedings which do not require the personal 39
participation of the defendant. 40
p. 6 HB 1218
(4) A defendant receiving medication for either physical or 1
mental problems shall not be prohibited from standing trial, if the 2
medication either enables the defendant to understand the proceedings 3
against him or her and to assist in his or her own defense, or does 4
not disable him or her from so understanding and assisting in his or 5
her own defense. 6
(5) At or before the conclusion of any commitment period provided 7
for by this section, the facility providing evaluation and treatment 8
shall provide to the court a written report of evaluation which meets 9
the requirements of RCW 10.77.060(3). For defendants charged with a 10
felony, the report following the second competency restoration period 11
or first competency restoration period if the defendant's 12
incompetence is determined to be solely due to a developmental 13
disability or the evaluator concludes that the defendant is not 14
likely to regain competency must include an assessment of the 15
defendant's future dangerousness which is evidence-based regarding 16
predictive validity. 17
(6) For defendants who are on personal recognizance who are 18
waiting for competency restoration services, in a county with an 19
outpatient competency restoration program that has adequate space, 20
the department shall provide a recommended services plan to the court 21
and parties. Upon receipt of this recommended services plan, if 22
restoration is still required, the court shall order outpatient 23
competency restoration.24
(7) If, after two attempts to schedule or admit a defendant on 25
personal recognizance status to a department facility for competency 26
evaluation or restoration, the department is not able to complete 27
scheduling the admission or the defendant does not arrive at the 28
scheduled time of the admission, the department shall submit a report 29
to the court and parties and include a date and time for another 30
admission which must be at least two weeks later. The court shall 31
provide notice to the defendant of the date and time of the 32
admission. If the defendant fails to appear at that admission, the 33
court shall recall the order for competency evaluation or restoration 34
and may issue a warrant for the failure to appear. The secretary may 35
adopt rules and regulations necessary to implement this section.36
Sec. 4. RCW 10.77.086 and 2024 c 290 s 3 are each amended to 37
read as follows: 38
p. 7 HB 1218
(1)(a) Except as otherwise provided in this section, if the 1
defendant is charged with a felony and determined to be incompetent, 2
until he or she has regained the competency necessary to understand 3
the proceedings against him or her and assist in his or her own 4
defense, but in any event for a period of no longer than 90 days, the 5
court shall commit the defendant to the custody of the secretary for 6
inpatient competency restoration, or may alternatively order the 7
defendant to receive outpatient competency restoration based on a 8
recommendation from a forensic navigator and input from the parties.9
(b) For a defendant who is determined to be incompetent and whose 10
highest charge is a class C felony other than assault in the third 11
degree under RCW 9A.36.031(1) (d) or (f), felony physical control of 12
a vehicle under RCW 46.61.504(6), felony hit and run resulting in 13
injury under RCW 46.52.020(4)(b), a hate crime offense under RCW 14
9A.36.080, a class C felony with a domestic violence designation, a 15
class C felony sex offense as defined in RCW 9.94A.030, or a class C 16
felony with a sexual motivation allegation, the court shall first 17
consider all available and appropriate alternatives to inpatient 18
competency restoration. The court shall dismiss the proceedings 19
without prejudice upon agreement of the parties if the forensic 20
navigator has found an appropriate and available diversion program 21
willing to accept the defendant. 22
(2)(a) To be eligible for an order for outpatient competency 23
restoration, a defendant must be clinically appropriate and be 24
willing to: 25
(i) Adhere to medications or receive prescribed intramuscular 26
medication; and27
(ii) ((Abstain from alcohol and unprescribed drugs; and28
(iii) Comply with urinalysis or breathalyzer monitoring if 29
needed)) Adhere to all rules and conditions of the identified 30
outpatient competency restoration. 31
(b) If the court orders inpatient competency restoration, the 32
department shall place the defendant in an appropriate facility of 33
the department for competency restoration. 34
(c) For a defendant ordered to inpatient competency restoration, 35
the department shall promptly notify the court and parties whenever 36
it appears the defendant's condition is such that a transfer to 37
outpatient competency restoration is appropriate. Any such notice to 38
the court and parties shall provide pertinent information concerning 39
the change in condition or the reasons supporting transfer to 40
p. 8 HB 1218
outpatient competency restoration. Upon receipt of this notice, the 1
court shall schedule a hearing within five days to review the 2
information provided by the department, conditions of release of the 3
defendant, and anticipated release date from inpatient treatment. The 4
court shall issue appropriate orders if it finds that the defendant's 5
condition has so changed that they are a suitable candidate for 6
outpatient competency restoration. 7
(d) If the court orders outpatient competency restoration, the 8
court shall modify conditions of release as needed to authorize the 9
department to place the person in approved housing, which may include 10
access to supported housing, affiliated with a contracted outpatient 11
competency restoration program. The department, in conjunction with 12
the health care authority, must establish rules for conditions of 13
participation in the outpatient competency restoration program, which 14
must include the defendant being subject to medication management. 15
The court may order regular urinalysis testing. The outpatient 16
competency restoration program shall monitor the defendant during the 17
defendant's placement in the program and report any noncompliance or 18
significant changes with respect to the defendant to the department 19
and, if applicable, the forensic navigator. 20
(((d))) (e) If a defendant fails to comply with the restrictions 21
of the outpatient restoration program such that restoration is no 22
longer appropriate in that setting or the defendant is no longer 23
clinically appropriate for outpatient competency restoration, the 24
director of the outpatient competency restoration program shall 25
notify the authority and the department of the need to terminate the 26
outpatient competency restoration placement and intent to request 27
placement for the defendant in an appropriate facility of the 28
department for inpatient competency restoration. The outpatient 29
competency restoration program shall coordinate with the authority, 30
the department, and any law enforcement personnel under (((d))) (e)31
(i) of this subsection to ensure that the time period between 32
termination and admission into the inpatient facility is as minimal 33
as possible. The time period for inpatient competency restoration 34
shall be reduced by the time period spent in active treatment within 35
the outpatient competency restoration program, excluding time periods 36
in which the defendant was absent from the program and all time from 37
notice of termination of the outpatient competency restoration period 38
through the defendant's admission to the facility. The department 39
shall obtain a placement for the defendant within seven days of the 40
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notice of intent to terminate the outpatient competency restoration 1
placement. 2
(i) The department may authorize a peace officer to detain the 3
defendant into emergency custody for transport to the designated 4
inpatient competency restoration facility. If medical clearance is 5
required by the designated competency restoration facility before 6
admission, the peace officer must transport the defendant to a crisis 7
stabilization unit, evaluation and treatment facility, or emergency 8
department of a local hospital for medical clearance once a bed is 9
available at the designated inpatient competency restoration 10
facility. The signed outpatient competency restoration order of the 11
court shall serve as authority for the detention of the defendant 12
under this subsection. This subsection does not preclude voluntary 13
transportation of the defendant to a facility for inpatient 14
competency restoration or for medical clearance, or authorize 15
admission of the defendant into jail. 16
(ii) The department shall notify the court and parties of the 17
defendant's admission for inpatient competency restoration before the 18
close of the next judicial day. The court shall schedule a hearing 19
within five days to review the conditions of release of the defendant 20
and anticipated release from treatment and issue appropriate orders.21
(((e))) (f) The court may not issue an order for outpatient 22
competency restoration unless the department certifies that there is 23
an available appropriate outpatient competency restoration program 24
that has adequate space for the person at the time the order is 25
issued or the court places the defendant under the guidance and 26
control of a professional person identified in the court order.27
(3) For a defendant whose highest charge is a class C felony, or 28
a class B felony that is not classified as violent under RCW 29
9.94A.030, the maximum time allowed for the initial competency 30
restoration period is 45 days if the defendant is referred for 31
inpatient competency restoration, or 90 days if the defendant is 32
referred for outpatient competency restoration, provided that if the 33
outpatient competency restoration placement is terminated and the 34
defendant is subsequently admitted to an inpatient facility, the 35
period of inpatient treatment during the first competency restoration 36
period under this subsection shall not exceed 45 days.37
(4) When any defendant whose highest charge is a class C felony 38
other than assault in the third degree under RCW 9A.36.031(1) (d) or 39
(f), felony physical control of a vehicle under RCW 46.61.504(6), 40
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felony hit and run resulting in injury under RCW 46.52.020(4)(b), a 1
hate crime offense under RCW 9A.36.080, a class C felony with a 2
domestic violence designation, a class C felony sex offense as 3
defined in RCW 9.94A.030, or a class C felony with a sexual 4
motivation allegation is admitted for inpatient competency 5
restoration with an accompanying court order for involuntary 6
medication under RCW 10.77.092, and the defendant is found not 7
competent to stand trial following that period of competency 8
restoration, the court shall dismiss the charges pursuant to 9
subsection (7) of this section. 10
(5) If the court determines or the parties agree before the 11
initial competency restoration period or at any subsequent stage of 12
the proceedings that the defendant is unlikely to regain competency, 13
the court may dismiss the charges without prejudice without ordering 14
the defendant to undergo an initial or further period of competency 15
restoration treatment, in which case the court shall order that the 16
defendant be referred for evaluation for civil commitment in the 17
manner provided in subsection (7) of this section.18
(6) On or before expiration of the initial competency restoration 19
period the court shall conduct a hearing to determine whether the 20
defendant is now competent to stand trial. If the court finds by a 21
preponderance of the evidence that the defendant is incompetent to 22
stand trial, the court may order an extension of the competency 23
restoration period for an additional period of 90 days, but the court 24
must at the same time set a date for a new hearing to determine the 25
defendant's competency to stand trial before the expiration of this 26
second restoration period. The defendant, the defendant's attorney, 27
and the prosecutor have the right to demand that the hearing be 28
before a jury. No extension shall be ordered for a second or third 29
competency restoration period if the defendant is ineligible for a 30
subsequent competency restoration period under subsection (4) of this 31
section or the defendant's incompetence has been determined by the 32
secretary to be solely the result of an intellectual or developmental 33
disability, dementia, or traumatic brain injury which is such that 34
competence is not reasonably likely to be regained during an 35
extension. 36
(7)(a) Except as provided in (b) of this subsection, at the 37
hearing upon the expiration of the second competency restoration 38
period, or at the end of the first competency restoration period if 39
the defendant is ineligible for a second or third competency 40
p. 11 HB 1218
restoration period under subsection (4) or (6) of this section, if 1
the jury or court finds that the defendant is incompetent to stand 2
trial, the court shall dismiss the charges without prejudice and 3
order the defendant to be committed to the department for placement 4
in a facility operated or contracted by the department for up to 120 5
hours if the defendant has not undergone competency restoration 6
services or has engaged in outpatient competency restoration 7
services, and up to 72 hours if the defendant engaged in inpatient 8
competency restoration services starting from admission to the 9
facility, excluding Saturdays, Sundays, and holidays, for evaluation 10
for the purpose of filing a civil commitment petition under chapter 11
71.05 RCW. If at the time the order to dismiss the charges without 12
prejudice is entered by the court the defendant is already in a 13
facility operated or contracted by the department, the 72-hour or 14
120-hour period shall instead begin upon department receipt of the 15
court order. 16
(b) The court shall not dismiss the charges if the defendant is 17
eligible for a second or third competency restoration period under 18
subsection (6) of this section and the court or jury finds that: (i) 19
The defendant (A) is a substantial danger to other persons; or (B) 20
presents a substantial likelihood of committing criminal acts 21
jeopardizing public safety or security; and (ii) there is a 22
substantial probability that the defendant will regain competency 23
within a reasonable period of time. If the court or jury makes such a 24
finding, the court may extend the period of commitment for up to an 25
additional six months. 26
(8) Any period of competency restoration treatment under this 27
section includes only the time the defendant is actually at the 28
facility or is actively participating in an outpatient competency 29
restoration program and is in addition to reasonable time for 30
transport to or from the facility. 31
(9) If at any time the court dismisses charges based on 32
incompetency to stand trial under this section, the court shall issue 33
an order prohibiting the defendant from the possession of firearms 34
until a court restores his or her right to possess a firearm under 35
RCW 9.41.047. The court shall notify the defendant orally and in 36
writing that the defendant may not possess a firearm unless the 37
defendant's right to do so is restored by the superior court that 38
issued the order under RCW 9.41.047, and that the defendant must 39
p. 12 HB 1218
immediately surrender all firearms and any concealed pistol license 1
to their local law enforcement agency. 2
Sec. 5. RCW 10.77.088 and 2024 c 290 s 4 are each amended to 3
read as follows: 4
(1) If the defendant is charged with a nonfelony crime which is a 5
serious offense as identified in RCW 10.77.092 and found by the court 6
to be not competent, the court shall first consider all available and 7
appropriate alternatives to inpatient competency restoration. If the 8
parties agree that there is an appropriate diversion program 9
available to accept the defendant, the court shall dismiss the 10
proceedings without prejudice and refer the defendant to the 11
recommended diversion program. If the parties do not agree that there 12
is an appropriate diversion program available to accept the 13
defendant, then the court: 14
(a) Shall dismiss the proceedings without prejudice and detain 15
the defendant pursuant to subsection (6) of this section, unless the 16
prosecutor objects to the dismissal and provides notice of a motion 17
for an order for competency restoration treatment, in which case the 18
court shall schedule a hearing within seven days. 19
(b) At the hearing, the prosecuting attorney must establish that 20
there is a compelling state interest to order competency restoration 21
treatment for the defendant. The court may consider prior criminal 22
history, prior history in treatment, prior history of violence, the 23
quality and severity of the pending charges, any history that 24
suggests whether competency restoration treatment is likely to be 25
successful, in addition to the factors listed under RCW 10.77.092. If 26
the defendant is subject to an order under chapter 71.05 RCW or 27
proceedings under chapter 71.05 RCW have been initiated, there is a 28
rebuttable presumption that there is no compelling state interest in 29
ordering competency restoration treatment. If the prosecuting 30
attorney proves by a preponderance of the evidence that there is a 31
compelling state interest in ordering competency restoration 32
treatment, then the court shall issue an order in accordance with 33
subsection (2) of this section. 34
(2)(a) If a court finds pursuant to subsection (1)(b) of this 35
section that there is a compelling state interest in pursuing 36
competency restoration treatment, the court shall order the defendant 37
to receive outpatient competency restoration consistent with the 38
recommendation of the forensic navigator, unless the court finds that 39
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an order for outpatient competency restoration is inappropriate 1
considering the health and safety of the defendant and risks to 2
public safety. 3
(b) To be eligible for an order for outpatient competency 4
restoration, a defendant must be willing to: 5
(i) Adhere to medications or receive prescribed intramuscular 6
medication; and7
(ii) ((Abstain from alcohol and unprescribed drugs; and8
(iii) Comply with urinalysis or breathalyzer monitoring if 9
needed)) Adhere to the rules and conditions of the identified 10
outpatient competency restoration program. 11
(c) If the court orders inpatient competency restoration, the 12
department shall place the defendant in an appropriate facility of 13
the department for competency restoration under subsection (3) of 14
this section. 15
(d) For a defendant ordered to inpatient competency restoration, 16
the department shall promptly notify the court and parties whenever 17
it appears the defendant's condition is such that a transfer to 18
outpatient competency restoration is appropriate. Any such notice to 19
the court and parties shall provide pertinent information concerning 20
the change in condition or the reasons supporting transfer to 21
outpatient competency restoration. Upon receipt of this notice, the 22
court shall schedule a hearing within five days to review the 23
information provided by the department, conditions of release of the 24
defendant, and anticipated release date from inpatient treatment. The 25
court shall issue appropriate orders if it finds that the defendant's 26
condition has so changed that they are a suitable candidate for 27
outpatient competency restoration.28
(e) If the court orders outpatient competency restoration, the 29
court shall modify conditions of release as needed to authorize the 30
department to place the person in approved housing, which may include 31
access to supported housing, affiliated with a contracted outpatient 32
competency restoration program. The department, in conjunction with 33
the health care authority, must establish rules for conditions of 34
participation in the outpatient competency restoration program, which 35
must include the defendant being subject to medication management. 36
The court may order regular urinalysis testing. The outpatient 37
competency restoration program shall monitor the defendant during the 38
defendant's placement in the program and report any noncompliance or 39
p. 14 HB 1218
significant changes with respect to the defendant to the department 1
and, if applicable, the forensic navigator. 2
(((e))) (f) If a defendant fails to comply with the restrictions 3
of the outpatient competency restoration program such that 4
restoration is no longer appropriate in that setting or the defendant 5
is no longer clinically appropriate for outpatient competency 6
restoration, the director of the outpatient competency restoration 7
program shall notify the authority and the department of the need to 8
terminate the outpatient competency restoration placement and intent 9
to request placement for the defendant in an appropriate facility of 10
the department for inpatient competency restoration. The outpatient 11
competency restoration program shall coordinate with the authority, 12
the department, and any law enforcement personnel under (((e))) (f)13
(i) of this subsection to ensure that the time period between 14
termination and admission into the inpatient facility is as minimal 15
as possible. The time period for inpatient competency restoration 16
shall be reduced by the time period spent in active treatment within 17
the outpatient competency restoration program, excluding time periods 18
in which the defendant was absent from the program and all time from 19
notice of termination of the outpatient competency restoration period 20
through the defendant's admission to the facility. The department 21
shall obtain a placement for the defendant within seven days of the 22
notice of intent to terminate the outpatient competency restoration 23
placement. 24
(i) The department may authorize a peace officer to detain the 25
defendant into emergency custody for transport to the designated 26
inpatient competency restoration facility. If medical clearance is 27
required by the designated competency restoration facility before 28
admission, the peace officer must transport the defendant to a crisis 29
stabilization unit, evaluation and treatment facility, or emergency 30
department of a local hospital for medical clearance once a bed is 31
available at the designated inpatient competency restoration 32
facility. The signed outpatient competency restoration order of the 33
court shall serve as authority for the detention of the defendant 34
under this subsection. This subsection does not preclude voluntary 35
transportation of the defendant to a facility for inpatient 36
competency restoration or for medical clearance, or authorize 37
admission of the defendant into jail. 38
(ii) The department shall notify the court and parties of the 39
defendant's admission for inpatient competency restoration before the 40
p. 15 HB 1218
close of the next judicial day. The court shall schedule a hearing 1
within five days to review the conditions of release of the defendant 2
and anticipated release from treatment and issue appropriate orders.3
(((f))) (g) The court may not issue an order for outpatient 4
competency restoration unless the department certifies that there is 5
an available appropriate outpatient restoration program that has 6
adequate space for the person at the time the order is issued or the 7
court places the defendant under the guidance and control of a 8
professional person identified in the court order. 9
(((g))) (h) If the court does not order the defendant to receive 10
outpatient competency restoration under (a) of this subsection, the 11
court shall commit the defendant to the department for placement in a 12
facility operated or contracted by the department for inpatient 13
competency restoration. 14
(3) The placement under subsection (2) of this section shall not 15
exceed 29 days if the defendant is ordered to receive inpatient 16
competency restoration, and shall not exceed 90 days if the defendant 17
is ordered to receive outpatient competency restoration. The court 18
may order any combination of this subsection, but the total period of 19
inpatient competency restoration may not exceed 29 days.20
(4) Beginning October 1, 2023, if the defendant is charged with a 21
serious traffic offense under RCW 9.94A.030, the court may order the 22
clerk to transmit an order to the department of licensing for 23
revocation of the defendant's driver's license for a period of one 24
year. The court shall direct the clerk to transmit an order to the 25
department of licensing reinstating the defendant's driver's license 26
if the defendant is subsequently restored to competency, and may do 27
so at any time before the end of one year for good cause upon the 28
petition of the defendant. 29
(5) If the court has determined or the parties agree that the 30
defendant is unlikely to regain competency, the court may dismiss the 31
charges without prejudice without ordering the defendant to undergo 32
competency restoration treatment, in which case the court shall order 33
that the defendant be referred for evaluation for civil commitment in 34
the manner provided in subsection (6) of this section.35
(6)(a) If the proceedings are dismissed under RCW 10.77.084 and 36
the defendant was on conditional release at the time of dismissal, 37
the court shall order the designated crisis responder within that 38
county to evaluate the defendant pursuant to chapter 71.05 RCW. The 39
p. 16 HB 1218
evaluation may be conducted in any location chosen by the 1
professional. 2
(b) If the defendant was in custody and not on conditional 3
release at the time of dismissal, the defendant shall be detained and 4
sent to an evaluation and treatment facility for up to 120 hours if 5
the defendant has not undergone competency restoration services or 6
has engaged in outpatient competency restoration services and up to 7
72 hours if the defendant engaged in inpatient competency restoration 8
services, excluding Saturdays, Sundays, and holidays, for evaluation 9
for purposes of filing a petition under chapter 71.05 RCW. The 120-10
hour or 72-hour period shall commence upon the next nonholiday 11
weekday following the court order and shall run to the end of the 12
last nonholiday weekday within the 120-hour or 72-hour period.13
(7) If the defendant is charged with a nonfelony crime that is 14
not a serious offense as defined in RCW 10.77.092 and found by the 15
court to be not competent, the court may stay or dismiss proceedings 16
and detain the defendant for sufficient time to allow the designated 17
crisis responder to evaluate the defendant and consider initial 18
detention proceedings under chapter 71.05 RCW. The court must give 19
notice to all parties at least 24 hours before the dismissal of any 20
proceeding under this subsection, and provide an opportunity for a 21
hearing on whether to dismiss the proceedings. 22
(8) If at any time the court dismisses charges under subsections 23
(1) through (7) of this section, the court shall make a finding as to 24
whether the defendant has a history of one or more violent acts. If 25
the court so finds, the court shall issue an order prohibiting the 26
defendant from the possession of firearms until a court restores his 27
or her right to possess a firearm under RCW 9.41.047. The court shall 28
notify the defendant orally and in writing that the defendant may not 29
possess a firearm unless the defendant's right to do so is restored 30
by the superior court that issued the order under RCW 9.41.047, and 31
that the defendant must immediately surrender all firearms and any 32
concealed pistol license to their local law enforcement agency.33
(9) Any period of competency restoration treatment under this 34
section includes only the time the defendant is actually at the 35
facility or is actively participating in an outpatient competency 36
restoration program and is in addition to reasonable time for 37
transport to or from the facility. 38
p. 17 HB 1218
Sec. 6. RCW 10.77.092 and 2023 c 453 s 11 are each amended to 1
read as follows: 2
(1) For purposes of determining whether a court may authorize 3
involuntary medication for the purpose of competency restoration 4
pursuant to RCW 10.77.084 and for maintaining the level of 5
restoration in the jail following the restoration period, a pending 6
charge involving any one or more of the following crimes is a serious 7
offense per se in the context of competency restoration:8
(a) Any violent offense, sex offense, serious traffic offense, 9
and most serious offense, as those terms are defined in RCW 10
9.94A.030; 11
(b) Any offense, except nonfelony counterfeiting offenses, 12
included in crimes against persons in RCW 9.94A.411;13
(c) Any offense contained in chapter 9.41 RCW (firearms and 14
dangerous weapons); 15
(d) Any offense listed as domestic violence in RCW 10.99.020;16
(e) Any offense listed as a harassment offense in chapter 9A.46 17
RCW, except for criminal trespass in the first or second degree;18
(f) Any violation of chapter 69.50 RCW that is a class B felony; 19
or 20
(g) Any city or county ordinance or statute that is equivalent to 21
an offense referenced in this subsection. 22
(2) Upon order for inpatient competency restoration under RCW 23
10.77.086, if the court has sufficient information to determine the 24
criteria established under Sell v. United States has been 25
established, then the court must make a medication determination 26
under this section.27
(3) Any time a petition is filed seeking a court order 28
authorizing the involuntary medication for purposes of competency 29
restoration pursuant to RCW 10.77.084, the petition must also seek 30
authorization to continue involuntary medication for purposes of 31
maintaining the level of restoration in the jail or juvenile 32
detention facility following the restoration period.33
(((3))) (4)(a) In a particular case, a court may determine that a 34
pending charge not otherwise defined as serious by state or federal 35
law or by a city or county ordinance is, nevertheless, a serious 36
offense within the context of competency restoration treatment when 37
the conduct in the charged offense falls within the standards 38
established in (b) of this subsection. 39
p. 18 HB 1218
(b) To determine that the particular case is a serious offense 1
within the context of competency restoration, the court must consider 2
the following factors and determine that one or more of the following 3
factors creates a situation in which the offense is serious:4
(i) The charge includes an allegation that the defendant actually 5
inflicted bodily or emotional harm on another person or that the 6
defendant created a reasonable apprehension of bodily or emotional 7
harm to another; 8
(ii) The extent of the impact of the alleged offense on the basic 9
human need for security of the citizens within the jurisdiction;10
(iii) The number and nature of related charges pending against 11
the defendant; 12
(iv) The length of potential confinement if the defendant is 13
convicted; and 14
(v) The number of potential and actual victims or persons 15
impacted by the defendant's alleged acts. 16
Sec. 7. RCW 43.84.092 and 2024 c 210 s 4 and 2024 c 168 s 12 are 17
each reenacted and amended to read as follows: 18
(1) All earnings of investments of surplus balances in the state 19
treasury shall be deposited to the treasury income account, which 20
account is hereby established in the state treasury.21
(2) The treasury income account shall be utilized to pay or 22
receive funds associated with federal programs as required by the 23
federal cash management improvement act of 1990. The treasury income 24
account is subject in all respects to chapter 43.88 RCW, but no 25
appropriation is required for refunds or allocations of interest 26
earnings required by the cash management improvement act. Refunds of 27
interest to the federal treasury required under the cash management 28
improvement act fall under RCW 43.88.180 and shall not require 29
appropriation. The office of financial management shall determine the 30
amounts due to or from the federal government pursuant to the cash 31
management improvement act. The office of financial management may 32
direct transfers of funds between accounts as deemed necessary to 33
implement the provisions of the cash management improvement act, and 34
this subsection. Refunds or allocations shall occur prior to the 35
distributions of earnings set forth in subsection (4) of this 36
section. 37
(3) Except for the provisions of RCW 43.84.160, the treasury 38
income account may be utilized for the payment of purchased banking 39
p. 19 HB 1218
services on behalf of treasury funds including, but not limited to, 1
depository, safekeeping, and disbursement functions for the state 2
treasury and affected state agencies. The treasury income account is 3
subject in all respects to chapter 43.88 RCW, but no appropriation is 4
required for payments to financial institutions. Payments shall occur 5
prior to distribution of earnings set forth in subsection (4) of this 6
section. 7
(4) Monthly, the state treasurer shall distribute the earnings 8
credited to the treasury income account. The state treasurer shall 9
credit the general fund with all the earnings credited to the 10
treasury income account except: 11
(a) The following accounts and funds shall receive their 12
proportionate share of earnings based upon each account's and fund's 13
average daily balance for the period: The abandoned recreational 14
vehicle disposal account, the aeronautics account, the Alaskan Way 15
viaduct replacement project account, the ambulance transport fund, 16
behavioral health diversion fund, the budget stabilization account, 17
the capital vessel replacement account, the capitol building 18
construction account, the Central Washington University capital 19
projects account, the charitable, educational, penal and reformatory 20
institutions account, the Chehalis basin account, the Chehalis basin 21
taxable account, the clean fuels credit account, the clean fuels 22
transportation investment account, the cleanup settlement account, 23
the climate active transportation account, the climate transit 24
programs account, the Columbia river basin water supply development 25
account, the Columbia river basin taxable bond water supply 26
development account, the Columbia river basin water supply revenue 27
recovery account, the common school construction fund, the community 28
forest trust account, the connecting Washington account, the county 29
arterial preservation account, the county criminal justice assistance 30
account, the covenant homeownership account, the deferred 31
compensation administrative account, the deferred compensation 32
principal account, the department of licensing services account, the 33
department of retirement systems expense account, the developmental 34
disabilities community services account, the diesel idle reduction 35
account, the opioid abatement settlement account, the drinking water 36
assistance account, the administrative subaccount of the drinking 37
water assistance account, the early learning facilities development 38
account, the early learning facilities revolving account, the Eastern 39
Washington University capital projects account, the education 40
p. 20 HB 1218
construction fund, the education legacy trust account, the election 1
account, the electric vehicle account, the energy freedom account, 2
the energy recovery act account, the essential rail assistance 3
account, The Evergreen State College capital projects account, the 4
fair start for kids account, the family medicine workforce 5
development account, the ferry bond retirement fund, the fish, 6
wildlife, and conservation account, the freight mobility investment 7
account, the freight mobility multimodal account, the grade crossing 8
protective fund, the higher education retirement plan supplemental 9
benefit fund, the Washington student loan account, the highway bond 10
retirement fund, the highway infrastructure account, the highway 11
safety fund, the hospital safety net assessment fund, the Interstate 12
5 bridge replacement project account, the Interstate 405 and state 13
route number 167 express toll lanes account, the judges' retirement 14
account, the judicial retirement administrative account, the judicial 15
retirement principal account, the limited fish and wildlife account, 16
the local leasehold excise tax account, the local real estate excise 17
tax account, the local sales and use tax account, the marine 18
resources stewardship trust account, the medical aid account, the 19
money-purchase retirement savings administrative account, the money-20
purchase retirement savings principal account, the motor vehicle 21
fund, the motorcycle safety education account, the move ahead WA 22
account, the move ahead WA flexible account, the multimodal 23
transportation account, the multiuse roadway safety account, the 24
municipal criminal justice assistance account, the oyster reserve 25
land account, the pension funding stabilization account, the 26
perpetual surveillance and maintenance account, the pilotage account, 27
the pollution liability insurance agency underground storage tank 28
revolving account, the public employees' retirement system plan 1 29
account, the public employees' retirement system combined plan 2 and 30
plan 3 account, the public facilities construction loan revolving 31
account, the public health supplemental account, the public works 32
assistance account, the Puget Sound capital construction account, the 33
Puget Sound ferry operations account, the Puget Sound Gateway 34
facility account, the Puget Sound taxpayer accountability account, 35
the real estate appraiser commission account, the recreational 36
vehicle account, the regional mobility grant program account, the 37
reserve officers' relief and pension principal fund, the resource 38
management cost account, the rural arterial trust account, the rural 39
mobility grant program account, the rural Washington loan fund, the 40
p. 21 HB 1218
second injury fund, the sexual assault prevention and response 1
account, the site closure account, the skilled nursing facility 2
safety net trust fund, the small city pavement and sidewalk account, 3
the special category C account, the special wildlife account, the 4
state hazard mitigation revolving loan account, the state investment 5
board expense account, the state investment board commingled trust 6
fund accounts, the state patrol highway account, the state 7
reclamation revolving account, the state route number 520 civil 8
penalties account, the state route number 520 corridor account, the 9
statewide broadband account, the statewide tourism marketing account, 10
the supplemental pension account, the Tacoma Narrows toll bridge 11
account, the teachers' retirement system plan 1 account, the 12
teachers' retirement system combined plan 2 and plan 3 account, the 13
tobacco prevention and control account, the tobacco settlement 14
account, the toll facility bond retirement account, the 15
transportation 2003 account (nickel account), the transportation 16
equipment fund, the JUDY transportation future funding program 17
account, the transportation improvement account, the transportation 18
improvement board bond retirement account, the transportation 19
infrastructure account, the transportation partnership account, the 20
traumatic brain injury account, the tribal opioid prevention and 21
treatment account, the University of Washington bond retirement fund, 22
the University of Washington building account, the voluntary cleanup 23
account, the volunteer firefighters' relief and pension principal 24
fund, the volunteer firefighters' and reserve officers' 25
administrative fund, the vulnerable roadway user education account, 26
the Washington judicial retirement system account, the Washington law 27
enforcement officers' and firefighters' system plan 1 retirement 28
account, the Washington law enforcement officers' and firefighters' 29
system plan 2 retirement account, the Washington public safety 30
employees' plan 2 retirement account, the Washington school 31
employees' retirement system combined plan 2 and 3 account, the 32
Washington state patrol retirement account, the Washington State 33
University building account, the Washington State University bond 34
retirement fund, the water pollution control revolving administration 35
account, the water pollution control revolving fund, the Western 36
Washington University capital projects account, the Yakima integrated 37
plan implementation account, the Yakima integrated plan 38
implementation revenue recovery account, and the Yakima integrated 39
plan implementation taxable bond account. Earnings derived from 40
p. 22 HB 1218
investing balances of the agricultural permanent fund, the normal 1
school permanent fund, the permanent common school fund, the 2
scientific permanent fund, and the state university permanent fund 3
shall be allocated to their respective beneficiary accounts.4
(b) Any state agency that has independent authority over accounts 5
or funds not statutorily required to be held in the state treasury 6
that deposits funds into a fund or account in the state treasury 7
pursuant to an agreement with the office of the state treasurer shall 8
receive its proportionate share of earnings based upon each account's 9
or fund's average daily balance for the period. 10
(5) In conformance with Article II, section 37 of the state 11
Constitution, no treasury accounts or funds shall be allocated 12
earnings without the specific affirmative directive of this section.13
Sec. 8. RCW 43.84.092 and 2024 c 210 s 5 and 2024 c 168 s 13 are 14
each reenacted and amended to read as follows: 15
(1) All earnings of investments of surplus balances in the state 16
treasury shall be deposited to the treasury income account, which 17
account is hereby established in the state treasury.18
(2) The treasury income account shall be utilized to pay or 19
receive funds associated with federal programs as required by the 20
federal cash management improvement act of 1990. The treasury income 21
account is subject in all respects to chapter 43.88 RCW, but no 22
appropriation is required for refunds or allocations of interest 23
earnings required by the cash management improvement act. Refunds of 24
interest to the federal treasury required under the cash management 25
improvement act fall under RCW 43.88.180 and shall not require 26
appropriation. The office of financial management shall determine the 27
amounts due to or from the federal government pursuant to the cash 28
management improvement act. The office of financial management may 29
direct transfers of funds between accounts as deemed necessary to 30
implement the provisions of the cash management improvement act, and 31
this subsection. Refunds or allocations shall occur prior to the 32
distributions of earnings set forth in subsection (4) of this 33
section. 34
(3) Except for the provisions of RCW 43.84.160, the treasury 35
income account may be utilized for the payment of purchased banking 36
services on behalf of treasury funds including, but not limited to, 37
depository, safekeeping, and disbursement functions for the state 38
treasury and affected state agencies. The treasury income account is 39
p. 23 HB 1218
subject in all respects to chapter 43.88 RCW, but no appropriation is 1
required for payments to financial institutions. Payments shall occur 2
prior to distribution of earnings set forth in subsection (4) of this 3
section. 4
(4) Monthly, the state treasurer shall distribute the earnings 5
credited to the treasury income account. The state treasurer shall 6
credit the general fund with all the earnings credited to the 7
treasury income account except: 8
(a) The following accounts and funds shall receive their 9
proportionate share of earnings based upon each account's and fund's 10
average daily balance for the period: The abandoned recreational 11
vehicle disposal account, the aeronautics account, the Alaskan Way 12
viaduct replacement project account, behavioral health diversion 13
fund, the budget stabilization account, the capital vessel 14
replacement account, the capitol building construction account, the 15
Central Washington University capital projects account, the 16
charitable, educational, penal and reformatory institutions account, 17
the Chehalis basin account, the Chehalis basin taxable account, the 18
clean fuels credit account, the clean fuels transportation investment 19
account, the cleanup settlement account, the climate active 20
transportation account, the climate transit programs account, the 21
Columbia river basin water supply development account, the Columbia 22
river basin taxable bond water supply development account, the 23
Columbia river basin water supply revenue recovery account, the 24
common school construction fund, the community forest trust account, 25
the connecting Washington account, the county arterial preservation 26
account, the county criminal justice assistance account, the covenant 27
homeownership account, the deferred compensation administrative 28
account, the deferred compensation principal account, the department 29
of licensing services account, the department of retirement systems 30
expense account, the developmental disabilities community services 31
account, the diesel idle reduction account, the opioid abatement 32
settlement account, the drinking water assistance account, the 33
administrative subaccount of the drinking water assistance account, 34
the early learning facilities development account, the early learning 35
facilities revolving account, the Eastern Washington University 36
capital projects account, the education construction fund, the 37
education legacy trust account, the election account, the electric 38
vehicle account, the energy freedom account, the energy recovery act 39
account, the essential rail assistance account, The Evergreen State 40
p. 24 HB 1218
College capital projects account, the fair start for kids account, 1
the family medicine workforce development account, the ferry bond 2
retirement fund, the fish, wildlife, and conservation account, the 3
freight mobility investment account, the freight mobility multimodal 4
account, the grade crossing protective fund, the higher education 5
retirement plan supplemental benefit fund, the Washington student 6
loan account, the highway bond retirement fund, the highway 7
infrastructure account, the highway safety fund, the hospital safety 8
net assessment fund, the Interstate 5 bridge replacement project 9
account, the Interstate 405 and state route number 167 express toll 10
lanes account, the judges' retirement account, the judicial 11
retirement administrative account, the judicial retirement principal 12
account, the limited fish and wildlife account, the local leasehold 13
excise tax account, the local real estate excise tax account, the 14
local sales and use tax account, the marine resources stewardship 15
trust account, the medical aid account, the money-purchase retirement 16
savings administrative account, the money-purchase retirement savings 17
principal account, the motor vehicle fund, the motorcycle safety 18
education account, the move ahead WA account, the move ahead WA 19
flexible account, the multimodal transportation account, the multiuse 20
roadway safety account, the municipal criminal justice assistance 21
account, the oyster reserve land account, the pension funding 22
stabilization account, the perpetual surveillance and maintenance 23
account, the pilotage account, the pollution liability insurance 24
agency underground storage tank revolving account, the public 25
employees' retirement system plan 1 account, the public employees' 26
retirement system combined plan 2 and plan 3 account, the public 27
facilities construction loan revolving account, the public health 28
supplemental account, the public works assistance account, the Puget 29
Sound capital construction account, the Puget Sound ferry operations 30
account, the Puget Sound Gateway facility account, the Puget Sound 31
taxpayer accountability account, the real estate appraiser commission 32
account, the recreational vehicle account, the regional mobility 33
grant program account, the reserve officers' relief and pension 34
principal fund, the resource management cost account, the rural 35
arterial trust account, the rural mobility grant program account, the 36
rural Washington loan fund, the second injury fund, the sexual 37
assault prevention and response account, the site closure account, 38
the skilled nursing facility safety net trust fund, the small city 39
pavement and sidewalk account, the special category C account, the 40
p. 25 HB 1218
special wildlife account, the state hazard mitigation revolving loan 1
account, the state investment board expense account, the state 2
investment board commingled trust fund accounts, the state patrol 3
highway account, the state reclamation revolving account, the state 4
route number 520 civil penalties account, the state route number 520 5
corridor account, the statewide broadband account, the statewide 6
tourism marketing account, the supplemental pension account, the 7
Tacoma Narrows toll bridge account, the teachers' retirement system 8
plan 1 account, the teachers' retirement system combined plan 2 and 9
plan 3 account, the tobacco prevention and control account, the 10
tobacco settlement account, the toll facility bond retirement 11
account, the transportation 2003 account (nickel account), the 12
transportation equipment fund, the JUDY transportation future funding 13
program account, the transportation improvement account, the 14
transportation improvement board bond retirement account, the 15
transportation infrastructure account, the transportation partnership 16
account, the traumatic brain injury account, the tribal opioid 17
prevention and treatment account, the University of Washington bond 18
retirement fund, the University of Washington building account, the 19
voluntary cleanup account, the volunteer firefighters' relief and 20
pension principal fund, the volunteer firefighters' and reserve 21
officers' administrative fund, the vulnerable roadway user education 22
account, the Washington judicial retirement system account, the 23
Washington law enforcement officers' and firefighters' system plan 1 24
retirement account, the Washington law enforcement officers' and 25
firefighters' system plan 2 retirement account, the Washington public 26
safety employees' plan 2 retirement account, the Washington school 27
employees' retirement system combined plan 2 and 3 account, the 28
Washington state patrol retirement account, the Washington State 29
University building account, the Washington State University bond 30
retirement fund, the water pollution control revolving administration 31
account, the water pollution control revolving fund, the Western 32
Washington University capital projects account, the Yakima integrated 33
plan implementation account, the Yakima integrated plan 34
implementation revenue recovery account, and the Yakima integrated 35
plan implementation taxable bond account. Earnings derived from 36
investing balances of the agricultural permanent fund, the normal 37
school permanent fund, the permanent common school fund, the 38
scientific permanent fund, and the state university permanent fund 39
shall be allocated to their respective beneficiary accounts.40
p. 26 HB 1218
(b) Any state agency that has independent authority over accounts 1
or funds not statutorily required to be held in the state treasury 2
that deposits funds into a fund or account in the state treasury 3
pursuant to an agreement with the office of the state treasurer shall 4
receive its proportionate share of earnings based upon each account's 5
or fund's average daily balance for the period. 6
(5) In conformance with Article II, section 37 of the state 7
Constitution, no treasury accounts or funds shall be allocated 8
earnings without the specific affirmative directive of this section.9
NEW SECTION. Sec. 9. A new section is added to chapter 10.77 10
RCW to read as follows: 11
(1)(a) The department shall develop and implement a growth cap 12
program to manage inpatient competency orders under this chapter. The 13
department shall assess penalties as described in this section to 14
implement the growth cap program. 15
(b) The department shall establish a baseline cap for each county 16
by utilizing the average number of inpatient competency orders to the 17
department from any court within a county's jurisdiction in fiscal 18
years 2024 and 2025. For any county with an average of less than two 19
inpatient competency orders in fiscal years 2024 and 2025, the 20
baseline shall be set at one. 21
(c) The department shall establish an incentive cap for each 22
county by utilizing the average number of inpatient competency orders 23
to the department from any court within a county's jurisdiction in 24
fiscal years 2018 and 2019. For any county with an average less than 25
two inpatient competency orders in fiscal years 2017 and 2018, the 26
baseline shall be set at one individual. 27
(d) Commencing in fiscal year 2026 and each fiscal year 28
thereafter, for each inpatient competency order that exceeds the 29
baseline number identified in (b) of this subsection, a county shall 30
pay the penalty amount described in (f) of this subsection.31
(e) The department shall reconcile the total county inpatient 32
competency orders against the baseline by August 15th each year. The 33
first reconciliation will be August 15, 2026. 34
(f) Calculations shall be based on the per day individual rate as 35
calculated by the department for state hospital treatment for 36
individuals referred for inpatient competency services, as follows:37
(i) Each county shall make penalty payments equivalent to 25 38
percent of the rate for the third and fourth inpatient competency 39
p. 27 HB 1218
orders over the baseline, 50 percent of the rate for the fifth, 1
sixth, and seventh inpatient competency orders over the baseline, 75 2
percent of the rate for the eighth and ninth inpatient competency 3
orders over the baseline, and 100 percent of the rate for the 10th 4
and all inpatient competency orders over the baseline;5
(ii) Commencing with fiscal year 2027 and each fiscal year 6
thereafter, a county that creates a behavioral health diversion plan 7
as defined in section 14 of this act designed to prevent further 8
growth of inpatient competency orders, for the third and any 9
subsequent individual inpatient competency orders over the baseline, 10
shall make penalty payments equivalent to 100 percent of the rate;11
(iii) Commencing with fiscal year 2027 and each fiscal year 12
thereafter, any county without a behavioral health diversion plan as 13
defined in section 14 of this act, for the third and any subsequent 14
individual inpatient competency orders over the baseline, shall make 15
penalty payments equivalent to 150 percent of the rate.16
(g) Commencing with fiscal year 2026, each county shall remit 17
payment to the department in an amount equal to the amount identified 18
in the invoice issued to the county administrator or their designee 19
by the department. The penalty payment shall be due no later than 90 20
days after the date that the invoice is received by the county. The 21
penalty funds shall be collected as revenue by the department and 22
deposited into the behavioral health diversion fund, created in 23
section 10 of this act. 24
(h) A county may not use state funds to pay for any penalty under 25
this act. 26
NEW SECTION. Sec. 10. A new section is added to chapter 10.77 27
RCW to read as follows: 28
The behavioral health diversion fund is hereby created in the 29
state treasury. All penalty payments from each county as collected by 30
the department pursuant to section 9 of this act and all receipts 31
from assessed penalties pursuant to this act must be deposited into 32
the fund. Moneys in the fund may be spent only after appropriation. 33
Expenditures from the fund may only be used for services or supports 34
that either prevent individuals with behavioral health needs from 35
entering the criminal justice system or that diverts them away from 36
the criminal justice system once incarcerated. 37
p. 28 HB 1218
NEW SECTION. Sec. 11. A new section is added to chapter 10.77 1
RCW to read as follows: 2
Any county that reduces its total annual inpatient competency 3
referrals below the incentive cap established by the department in 4
section 9 (1)(c) of this act or that reduces its overall orders for 5
any competency service by at least 40 percent for a given fiscal year 6
shall be eligible to request an appropriation from the behavioral 7
health diversion fund. Any funds appropriated to a county from the 8
behavioral health diversion fund shall be used toward services or 9
supports that either prevent individuals with behavioral health needs 10
from entering the criminal justice system or that diverts them away 11
from the criminal justice system once incarcerated. Counties that 12
have an average incentive cap of less than five individuals may apply 13
based on a 50 percent or greater reduction in their total number of 14
inpatient competency orders. 15
NEW SECTION. Sec. 12. A new section is added to chapter 10.77 16
RCW to read as follows: 17
Commencing January 1, 2026, the department shall notify the 18
superior, district, and municipal courts and relevant county agencies 19
of each county including, but not limited to, the county 20
administrator, behavioral health department, sheriff, public 21
defender, and district attorney on a quarterly basis the total number 22
of inpatient competency restoration orders made in that county for 23
the current fiscal year compared to the baseline determination for 24
that county. 25
NEW SECTION. Sec. 13. A new section is added to chapter 10.77 26
RCW to read as follows: 27
(1) Beginning in fiscal year 2026 and commencing no later than 28
August 15, 2025, the department of social and health services in 29
partnership with the health care authority shall convene a taskforce 30
to determine rules, policies, protocols, and other related 31
requirements to implement a growth cap system for inpatient 32
competency services. This must include eligibility requirements on 33
the necessary elements for a behavioral health diversion plan to meet 34
the threshold as described in section 9 (1)(f) of this act. The 35
taskforce must also include a determination on rules and requirements 36
to determine county of origin for purposes of this act. The taskforce 37
shall produce a report no later than June 1, 2026, to the governor 38
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and appropriate committees of the legislature. The taskforce shall, 1
at a minimum, include partners from local government, the criminal 2
justice system, behavioral health providers, tribes, people with 3
lived experience, and disability rights Washington or a designee.4
(2) This section expires December 31, 2026. 5
NEW SECTION. Sec. 14. A new section is added to chapter 10.77 6
RCW to read as follows: 7
(1) For purposes of this section, "behavioral health diversion" 8
means adult jail diversion, whereby a person who has a behavioral 9
health need may still have involvement with the criminal justice 10
system but spends little to no time in a jail facility and is instead 11
connected to community-based treatment and support services either 12
with or without court involvement or correctional supervision.13
(2)(a) For purposes of this section, "behavioral health diversion 14
plan" means a plan or strategy to ensure the availability and 15
utilization of community-based treatment and support services 16
designed to reduce or eliminate the amount of time persons with 17
behavioral health needs spend in a jail facility. 18
(b) The department shall establish rules to determine the 19
eligibility, elements, and criteria needed to establish a behavioral 20
health diversion plan under this subsection. 21
NEW SECTION. Sec. 15. Section 7 of this act expires July 1, 22
2028.23
NEW SECTION. Sec. 16. Section 8 of this act takes effect July 24
1, 2028.25
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