A defendant is constitutionally prohibited from standing trial for a crime if the defendant is not competent to understand the nature of the proceedings against them or us unable to assist in their own defense. Any party or the court may raise the issue of the defendant’s competency to stand trial, and the defendant will be evaluated by the Department of Social and Health Services (DSHS) as to whether they are competent to stand trial. For cities, the primary concern is misdemeanor prosecutions. If the defendant is found to be not competent and is charged with a misdemeanor “serious offense” as defined in RCW 10.77.092, then either (1) the case is dismissed; or (2) the defendant will undergo involuntary competency restoration if the prosecutor establishes there is a compelling state interest in pursuing competency restoration. Currently, DSHS is fiscally and procedurally responsible for competency restoration evaluation and treatment services.

SB 5440, sponsored by Sen. Manka Dhingra (D–Redmond), was amended significantly in the Senate Law & Justice Committee this past week. As amended, SB 5440 allows DSHS to contract with willing jails to fund construction and operational costs for clinical intervention units that will provide enhanced oversight, monitoring, and support to in-custody defendants while they are waiting for services related to competency to stand trial.

Additionally, the bill requires DSHS to coordinate with cities and counties to identify locations that may be commissioned or renovated to provide inpatient services for forensic patients.

AWC is concerned of a potential cost increase to cities to provide medical services to individuals awaiting DSHS competency evaluations and competency restoration treatment in one of the proposed jail-based clinical intervention units. In particular, if services are provided at a county jail, the county may seek to pass along costs to the cities for care provided to misdemeanor defendants. DSHS has historically been responsible for these costs, and AWC supports DSHS remaining responsible for these costs.

AWC encourages cities to evaluate SB 5440 as amended and the potential cost impacts if the county jail in your area were to establish a clinical intervention unit.

Dates to remember

SB 5440 is scheduled for public hearing in the Senate Ways & Means Committee on Tuesday, February 21 at 9 am.