SB 5444, the Trueblood settlement bill, passed the Legislature last week. The bill aims to address the Trueblood litigation where the state was found liable for imposing excessive wait times on in-custody defendants waiting to receive competency evaluations and restoration services. SB 5444 does the following:
- Allows a prosecuting attorney to challenge the dismissal of charges when a person is found not to be competent and the prosecutor believes the person should receive competency restoration services;
- Provides that competency restoration, for a person charged with a nonfelony, may take place in an inpatient setting or a community-based setting based on the recommendation in a competency evaluation;
- Establishes criteria for a person to be eligible for outpatient competency restoration; and
- Restricts a court from ordering outpatient competency restoration unless the Department of Social and Health Services certifies there is an available outpatient restoration program with adequate space for the person.
The bill unanimously passed the Legislature and is now awaiting signature by the Governor.