Criminal insanity

AN ACT Relating to reviewing laws related to criminal insanity 1
and competency to stand trial; adding new sections to chapter 10.77 2
RCW; creating a new section; recodifying RCW 10.77.020, 10.77.027, 3
10.77.0942, 10.77.095, 10.77.097, 10.77.210, 10.77.230, 10.77.240, 4
10.77.250, 10.77.255, 10.77.260, 10.77.270, 10.77.275, 10.77.280, 5
10.77.300, 10.77.145, 10.77.163, 10.77.165, 10.77.205, 10.77.207, 6
10.77.060, 10.77.065, 10.77.070, 10.77.100, 10.77.025, 10.77.030, 7
10.77.040, 10.77.080, 10.77.091, 10.77.094, 10.77.110, 10.77.120, 8
10.77.132, 10.77.140, 10.77.150, 10.77.152, 10.77.155, 10.77.160, 9
10.77.170, 10.77.175, 10.77.180, 10.77.190, 10.77.195, 10.77.200, 10
10.77.220, 10.77.050, 10.77.068, 10.77.072, 10.77.074, 10.77.075, 11
10.77.079, 10.77.084, 10.77.0845, 10.77.086, 10.77.088, 10.77.0885, 12
10.77.089, 10.77.092, 10.77.093, 10.77.202, and 10.77.320; 13
decodifying RCW 10.77.2101, 10.77.290, 10.77.310, 10.77.940, and 14
10.77.950; and providing an expiration date. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:16
NEW SECTION. Sec. 1. (1)(a) A task force to review laws related 17
to criminal insanity and competency to stand trial is established, 18
with members as provided in this subsection.19
(i) One member from each of the two largest caucuses of the 20
senate, to be appointed by the president of the senate;21
H-0284.1
HOUSE BILL 1359
State of Washington 69th Legislature 2025 Regular Session
By Representatives Thai, Abbarno, Eslick, Goodman, and Davis
Read first time 01/17/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1359
(ii) One member from each of the two largest caucuses of the 1
house of representatives, to be appointed by the speaker of the house 2
of representatives; 3
(iii) The secretary of the department of social and health 4
services or the secretary's designee; 5
(iv) The secretary of the department of corrections or the 6
secretary's designee; 7
(v) The director of the health care authority or the director's 8
designee; 9
(vi) The Washington state attorney general or the attorney 10
general's designee; 11
(vii) The director of the Washington state office of public 12
defense or the director's designee; and 13
(viii) The department of social and health services shall appoint 14
16 members representing the following: 15
(A) One member representing superior courts, to be designated by 16
the Washington state superior court judges association;17
(B) One member representing courts of limited jurisdiction, to be 18
designated by the Washington state district and municipal courts 19
judges association; 20
(C) One member representing prosecutors, to be designated by the 21
Washington association of prosecuting attorneys; 22
(D) One member representing trial-level criminal defense 23
attorneys, to be designated by the Washington defender association;24
(E) One member representing law enforcement, to be designated by 25
the Washington association of sheriffs and police chiefs;26
(F) One member representing the interests of victims, to be 27
designated by the office of crime victims advocacy;28
(G) One member designated by disability rights Washington;29
(H) One member designated by the national alliance on mental 30
illness Washington; 31
(I) A representative of a medicaid managed care organization;32
(J) A representative of county governments, to be designated by 33
the Washington state association of counties; 34
(K) A representative of city governments, to be designated by the 35
association of Washington cities; 36
(L) A representative of western state hospital;37
(M) A representative of eastern state hospital; and38
(N) Three individuals with direct lived experience of the 39
forensic mental health system, including at least one person who is a 40
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former competency restoration patient and at least one person with 1
experience of commitment related to criminal insanity.2
(b) The task force shall choose its cochairs from among its 3
membership. The department of social and health services shall 4
convene the initial meeting of the task force. 5
(2) The task force shall undertake the following tasks:6
(a) A comprehensive review of the laws in chapter 10.77 RCW to 7
modernize and clean up issues that present barriers to 8
administration, public safety, consistency, fairness, efficiency, and 9
comprehension by victims, committed individuals, families, and the 10
courts; 11
(b) Consider potential terminology and language changes to 12
promote patient-centered language, improve coherence between legal 13
and medical terminology, reduce stigma, and improve understanding of 14
the competency evaluation process; and 15
(c) Make recommendations concerning law changes that would remove 16
barriers to diversion, promote effective treatment, and increase 17
services that would facilitate safe and responsible hospital 18
discharges. 19
(3) The task force may form subcommittees to assist its work. The 20
task force may contract with additional persons with specific 21
technical expertise if necessary to carry out the mandates of the 22
study. Such contracts may only be entered if an appropriation is 23
specifically provided for this purpose. 24
(4) Staff support for the task force must be provided by the 25
department of social and health services. Senate committee services 26
and the office of program research shall provide staff support for 27
the legislative members of the task force. The department of social 28
and health services must provide reporting under RCW 43.18A.030.29
(5) Legislative members of the task force are reimbursed for 30
travel expenses in accordance with RCW 44.04.120. Nonlegislative 31
members are not entitled to be reimbursed for travel expenses if they 32
are elected officials or are participating on behalf of an employer, 33
governmental entity, or other organization. Any reimbursement for 34
other nonlegislative members is subject to chapter 43.03 RCW.35
(6) The task force shall report its findings and recommendations 36
to the governor and the appropriate committees of the legislature by 37
December 1, 2026. 38
(7) This section expires June 30, 2027. 39
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NEW SECTION. Sec. 2. (1) The code reviser shall recodify, as 1
necessary, the following sections of chapter 10.77 RCW in the 2
following order within chapter 10.77 RCW, using the indicated chapter 3
headings:4
General 5
RCW 10.77.0206
RCW 10.77.0277
RCW 10.77.09428
RCW 10.77.0959
RCW 10.77.09710
RCW 10.77.21011
RCW 10.77.23012
RCW 10.77.24013
RCW 10.77.25014
RCW 10.77.25515
RCW 10.77.26016
RCW 10.77.27017
RCW 10.77.27518
RCW 10.77.28019
RCW 10.77.30020
Authorized Leave and Furloughs 21
RCW 10.77.14522
RCW 10.77.16323
Community Notifications 24
RCW 10.77.16525
RCW 10.77.20526
RCW 10.77.20727
Evaluations Under This Chapter 28
RCW 10.77.06029
RCW 10.77.06530
RCW 10.77.07031
RCW 10.77.10032
Criminal Insanity 33
RCW 10.77.02534
RCW 10.77.03035
RCW 10.77.04036
RCW 10.77.08037
RCW 10.77.09138
RCW 10.77.09439
RCW 10.77.11040
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RCW 10.77.1201
RCW 10.77.1322
RCW 10.77.1403
RCW 10.77.1504
RCW 10.77.1525
RCW 10.77.1556
RCW 10.77.1607
RCW 10.77.1708
RCW 10.77.1759
RCW 10.77.18010
RCW 10.77.19011
RCW 10.77.19512
RCW 10.77.20013
RCW 10.77.22014
Competency to Stand Trial 15
RCW 10.77.05016
RCW 10.77.06817
RCW 10.77.07218
RCW 10.77.07419
RCW 10.77.07520
RCW 10.77.07921
RCW 10.77.08422
RCW 10.77.084523
RCW 10.77.08624
RCW 10.77.08825
RCW 10.77.088526
RCW 10.77.08927
RCW 10.77.09228
RCW 10.77.09329
RCW 10.77.20230
RCW 10.77.32031
(2) The code reviser shall correct all statutory references to 32
sections recodifed by this section. 33
NEW SECTION. Sec. 3. The following sections are decodified:34
(1) RCW 10.77.2101 (Implementation of legislative intent);35
(2) RCW 10.77.290 (Secretary to adopt rules— 2015 1st sp.s. c 7);36
(3) RCW 10.77.310 (Health care authority contracts — Compensation 37
of staff in outpatient competency restoration programs);38
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(4) RCW 10.77.940 (Equal application of 1989 c 420— Evaluation for 1
developmental disability); and 2
(5) RCW 10.77.950 (Construction— Chapter applicable to state 3
registered domestic partnerships— 2009 c 521). 4
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