| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to the mental health sentencing alternative; |
| Bill Description | Concerning the mental health sentencing alternative. |
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What this bill does
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This bill amends RCW 9.94A.695 to create a mental health sentencing alternative and establishes detailed procedures and eligibility criteria for adults convicted of certain felonies who have a psychotic disorder (examples listed include schizophrenia, schizoaffective disorder, and bipolar disorder with psychotic features; substance‑induced psychotic disorder is excluded). The motion for the alternative may be made by any party or the court, but the defendant must agree to participate. The statute requires the department to prepare a presentence‑style written report (which may be ordered before conviction) that includes a psychiatric evaluation from the last six months, diagnosis, clinical opinions on treatability with psychotropic medication, available records, a treatment and monitoring plan, recommended conditions, and a defendant‑signed release of information.
The amendment prescribes community custody terms tied to the midpoint of the defendant’s standard‑range sentence (if the midpoint is 36 months or less, community custody between 12 and 24 months; if the midpoint is 36 months, community custody between 24 and 36 months), requires assignment of a community corrections officer with mental‑health training, and allows courts to delay release from total confinement to facilitate treatment transitions. It imposes specific treatment conditions (attendance per plan, taking prescribed medications with monitoring, abstaining from alcohol and nonprescribed controlled substances with possible monitoring), sets mandatory progress hearings (at least monthly for six months, then at least quarterly, with increased frequency if compliance concerns arise), and requires pre‑hearing written reports from the department and treatment provider unless waived. Courts may modify conditions, impose sanctions, or order partial or total confinement for violations, and must schedule a termination hearing one month before the end of community custody; the text on some revocation or exception details is incomplete.
The bill also adds procedural and administrative provisions: defendants earn credit for time served while in compliance and actively supervised in the community; the court must issue written findings showing a substantial and compelling reason to revoke the alternative; and within existing resources the Health Care Authority must contract with one to four providers to perform mental health assessments and develop preliminary treatment plans, employ qualified psychiatric practitioners, and reimburse ongoing monitoring and required reporting. Important context is incomplete or unclear in the provided text: the specific department named is not explicitly identified, parts of the revocation and exception language are cut off, and cross‑referenced statutory provisions cited in the amendment are not included here.
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Why it matters
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If enacted, eligible defendants diagnosed with a psychotic disorder (like schizophrenia, schizoaffective disorder, or bipolar with psychotic features, but not substance-induced psychosis) could avoid a standard-range prison term by agreeing to a mental health sentencing alternative that replaces part of confinement with specified community custody periods based on the midpoint of their standard range (for midpoints ≤36 months, community custody of 12–24 months; for a 36-month midpoint, 24–36 months). The Department (implied to be corrections) must prepare a detailed presentence-style report including a recent psychiatric evaluation, assign and train a community corrections officer to supervise the person, and courts will hold frequent progress hearings and can delay release or impose sanctions for noncompliance; defendants earn credit for time served while in compliance and actively supervised, and revocation requires written findings showing a substantial and compelling reason.
Practically, this shifts responsibility and some costs to agencies: the Health Care Authority must contract (within existing resources) with 1–4 qualified providers to do assessments and initial treatment plans and will reimburse ongoing monitoring and court reporting (after attempting medical assistance billing where applicable), while the department must produce reports, supervise, and train officers. Treatment providers, community corrections officers, courts, prosecutors, victims, and medical assistance representatives will have new coordination and reporting duties; some implementation details—such as the department’s exact identity in the text and the full revocation language—are incomplete in the provided facts, leaving uncertainty about certain procedures and who bears specific costs.
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| Official Documents | View Full Bill Text |
| Representative Walen (Primary) |
| Representative Davis |
| Representative Santos |
| Representative Duerr |
| Hearing | House Community Safety (Public) |