A bill that proposes to impact the frequency of competency evaluations to stand trial had a hearing last week.
HB 1218, sponsored by Rep. Darya Farivar (D–Seattle), directs the Department of Social and Health Services (DSHS) to establish a cap program to limit the number of in-jail competency evaluations in each county.
Over the years, the number of in-jail competency orders have increased as we have more individuals in the criminal justice system presenting with mental health concerns. This proposal proports to address the rising cost of providing necessary competency restoration services; however, the bill simply restricts the number of evaluations themselves, regardless of a community’s need for behavioral health intervention for those charged with a crime.
AWC opposes the bill as written and provided testimony alongside other local government partners detailing our concerns. Namely:
- This bill proposal would have unintended consequences of pitting jurisdictions within a county against one another over already scarce resources, because proposing a limit means some communities will be on the hook for extra costs if they go beyond the cap.
- This proposal assumes that cities and counties have control over the number of individuals charged with a crime who also suffer from a mental health disability.
- This bill would penalize jurisdictions over the lack of local access to behavioral health care in the region, regardless of the existing availability of local services. This would also lead to more cases being dismissed.
Cities instead seek statewide solutions to address the issue of increased competency evaluations by addressing the existing capacity to treat mental health conditions out in the community, before someone with a condition reaches the point of committing a crime and thus court involvement.
Watch AWC’s testimony on the bill and reach out to us with any questions or concerns you may have about this legislation.
Background
The U.S. District Court’s 2015 Trueblood v. DSHS lawsuit challenged statewide unconstitutional delays in competency evaluation and restoration services for people detained in jails.
As it currently works, if a court believes a mental health disability may prevent a defendant from assisting in their own defense, the criminal case is put on hold while an evaluation is completed to determine the defendant’s competency. If an evaluation finds the defendant competent, they are returned to stand trial.
If the evaluation finds the person is not competent to stand trial, the court can order services to restore competency. To avoid penalty fines, the state must:
- Complete in-jail competency evaluations within 14 days of court orders; and
- Provide competency restoration services within 7 days of court orders.
Restoration treatment to stand trial aims to answer two questions:
- Does an individual understand the charges against them?
- Are they able to assist the attorney and participate in their own defense?
If no to either question due to a behavioral health condition, then restoration sets the goal to get individuals to a point where they can understand the charges before they proceed in a trial.