(Any facility or provider providing services in accordance with this section shall be referred to as the Facility”.) “Treatment The defendant shall be placed in the custody of the secretary of the Department of Social and Health Services (DSHS) to undergo evaluation and treatment pursuant to RCW 10.77.086(1)(a)(i)(A)(B). Treatment Period: 90 Days: A first felony restoration period of 90 days for a case where the highest charge is a Class A felony or a Class B violent offense. 45 Days: A first felony restoration period of 45 days (for all cases in which the highest charge is a Class C felony or a Class B felony that is not classified as a violent offense under RCW 9.94A.030). 90 Days: A second felony restoration period of 90 days. The court finds that a second restoration period is appropriate under RCW 10.77.084 and RCW 10.77.086 180 Days: A third felony restoration period of 180 days. The court finds that a third restoration period is appropriate under RCW 10.77.086(4). The length of the placement includes only the time the defendant is actually at the facility and shall be in addition to reasonable time for transport to or from the facility. Medication. The Treatment Facility is authorized to administer clinically appropriate voluntary medication for the purpose of competency restoration. The issue of a need for an involuntary medication order has been raised. See separate order regarding involuntary medications. The issue of an involuntary medication order is deferred and may be addressed in a separate hearing. Access to Records. The Treatment Facility and DSHS shall be entitled to receive any of the information described in RCW 10.77.060(1)(a), whether the information is held by another mental health, medical, or education facility, a jail or other correctional facility, or elsewhere. Within 24 hours of the signing of this order: The shall provide this order and the charging documents, clerk of the court including the request for bail and certification of probable cause to DSHS. If the competency evaluation was provided by an independent expert, the clerk of the court shall also provide DSHS with a copy of all previous court orders related to competency or criminal insanity and a copy of any of the evaluation report/s.
(Any facility or provider providing services in accordance with this section shall be referred to as the “Treatment Facility”.) The defendant shall be placed in the custody of the secretary of the Department of Social and Health Services (DSHS) to undergo evaluation and treatment pursuant to RCW 10.77.086(1)(a)(i)(A)(B). Treatment Period: 90 Days: A first felony restoration period of 90 days for a case where the highest charge is a Class A felony or a Class B violent offense. 45 Days: A first felony restoration period of 45 days (for all cases in which the highest charge is a Class C felony or a Class B felony that is not classified as a violent offense under RCW 9.94A.030). 90 Days: A second felony restoration period of 90 days. The court finds that a second restoration period is appropriate under RCW 10.77.084 and RCW 10.77.086 180 Days: A third felony restoration period of 180 days. The court finds that a third restoration period is appropriate under RCW 10.77.086(4). The length of the placement includes only the time the defendant is actually at the facility and shall be in addition to reasonable time for transport to or from the facility. Medication. The Treatment Facility is authorized to administer clinically appropriate voluntary medication for the purpose of competency restoration. The issue of a need for an involuntary medication order has been raised. See separate order regarding involuntary medications. The issue of an involuntary medication order is deferred and may be addressed in a separate hearing. Access to Records. The Treatment Facility and DSHS shall be entitled to receive any of the information described in RCW 10.77.060(1)(a), whether the information is held by another mental health, medical, or education facility, a jail or other correctional facility, or elsewhere. Within 24 hours of the signing of this order: The clerk of the court shall provide this order and the charging documents, including the request for bail and certification of probable cause to DSHS. If the competency evaluation was provided by an independent expert, the clerk of the court shall also provide DSHS with a copy of all previous court orders related to competency or criminal insanity and a copy of any of the evaluation report/s.
MP%20240_10.77%20Order%20for%20Competency%20Restoration_Felony_2018%2005.docx