Fill and Sign the Court of Washington County of No Courtswagov Form

Order For Felony Competency Restoration Treatment (CROR IP, CROROP ) Page 1 of 6 MP 240 ( 07 /2019 ) RCW 10.77.0 10, .050, .0 60, .065, .084, .086; CrR 3.3 Superior Court of Washington County of State of Washington , Plaintiff vs. , Defendant DOB: _______________ No. Order for Felony Competency Restoration Treatment [ ] Out of Custody [ ] In Custody [ ] Inpatient Treatment (CRORIP ) [ ] Outpatient Treatment (CROROP) Clerk’s action required: 4, 5, 9, [ ] 10 , 12 The court enters the following regarding the defendant’s competency . Findings of Fact : 1. Competency to Stand Trial. By a preponderance of the evidence that, as a result of mental disease or defect, the defendant lacks the capacity to: [ ] understand the nature of the proceedings against him/her , and/or [ ] assist in his/her own defense as a result of mental disease or defect. The defendant is not competent to stand trial, pursuant to RCW 10.77.010 and 10.77.050. 2. Developmental Disability . The court finds the defendant [ ] has [ ] does not have a developmental disability. Conclusions of Law: 3. Competency restoration treatment should be provided . The Court Orders: 4. Compete ncy Restoration Treatment . The court orders the defendant into a program for mental health treatment and restoration of competency, as described below. Any facility or provider providing services in accordance with this order shall be referred to as the “treatment facility .” The treatment facility shall promptly notify the court and all parties of the Order For Felony Competency Restoration Treatment (CROR IP, CROROP ) Page 2 of 6 MP 240 ( 07 /2019 ) RCW 10.77.0 10, .050, .0 60, .065, .084, .086; CrR 3.3 date on which the competency restoration period commences by admission to the treatment facility and expires by discharge from the treatment facility so th at a timely hearing date may be scheduled . Nature of Treatment (select one) : [ ] Inpatient Treatment (CRORIP) - The defendant shall be placed in the custody of the Secretary of the Department of Social and Health Services (DSHS) to undergo evaluation an d treatment pursuant to RCW 10.77.086 . The length of the placement includes only the time the defendant is actually at the treatment facility and shall be in addition to reasonable time for transport to or from the treatment facility. [ ] Outpatient Tre atment (CROROP) - DSHS has certified, as of the date of this order , that there is an available appropriate outpatient restoration program that has adequate space for the defendant at the following outpatient restoration program: . NOTE : Outpatient compe tency restoration programs are being phased in over several years. There may not be one available in your area. Before you order outpatient competency restoration treatment, please check with DSHS before issuing the order. The defendant is clinically ap propriate for outpatient competency restoration treatment. The defendant shall be placed on conditional release for up to 90 days for mental health treatment and restoration of competency pursuant to RCW 10.77.086. The defendant must reside in housing app roved by DSHS, adhere to medications or receive prescribed intramuscular medication, abstain from alcohol and unprescribed drugs, and follow other rules and conditions for participation established by DSHS. Treatment Period : [ ] 45 Days : A first felony r estoration period of 45 days (for 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 first felony restoration period of 90 days for a case where the h ighest charge is a Class A felony or a Class B violent offense or where the defendant has been ordered to participate in outpatient competency restoration. [ ] 90 Days : A second felony restoration period of 90 days. The court finds that a second restora tion 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. The length of the placement includes only the time the defendant is actually at the treatment facility and shall be in addition to reasonable time for transport to or from the treatment facility. Medication : The treatment facility is authorized to administer clinically appropriate voluntary medi cation 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 m ay be addressed in a separate hearing. Order For Felony Competency Restoration Treatment (CROR IP, CROROP ) Page 3 of 6 MP 240 ( 07 /2019 ) RCW 10.77.0 10, .050, .0 60, .065, .084, .086; CrR 3.3 5. Access to Records. The treatment facility and DSHS shall be entitled to receive any of the information described in RCW 10.77.060, whether the information is held by another mental health, medical, or education facil ity, 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 , except for documents that were previously provided. If the competency evaluation was provided by an independent expert, the clerk of the court shall also provide DSHS with a copy of any previous court orders related to competency or criminal insanity and a copy of any of the evaluation report/s that have not been previously provided . [ ] Instead of the clerk of the court providing these documents, they shall be provided by ____________________________________.  The prosecuting attorney shall provide the di scovery packet, including a statement of the defendant’s criminal history, to DSHS , unless the materials have previously been provided . If the defense provides this information, the prosecuting attorney shall be included in the communication so that dupli cates are not sent .  The jail administrator shall provide the defendant’s medical clearance information to DSHS, if this order requires transportation of the defendant to a facility designated by DSHS. 6. Evaluation and Report . The treatment facility shall eva luate the defendant’s competency to stand trial before the end of the treatment period. The treatment facility shall prepare a written report with the results. The report shall ordinarily be distribute d by the treatment facility within 2 business days of the final evaluation. [ ] Defense Attorney Presence . The defense requests notification of the time and place of the evaluation at the contact information provided below. The defense attorney may be contacted at : ___________________________________ (Only check this box if defense counsel wants notice and opportunity to be present.) DSHS shall contact the defense attorney regarding scheduling within a reasonable time. [ ] The evaluation may proceed without the defense attorney present if notice has be en provided. [ ] The evaluation may not proceed without the defense attorney present. The current criminal charge(s) shall not be discussed with the defendant outside the forensic interview . [ ] A defense expert has been appointed under RCW 10.77.060 and DSHS is directed to contact the defense attorney to determine whether the expert will be witnessing DSHS’s evaluation. Contents of Report . The report shall include all of the contents required in the initial Order for Competency Evaluation. If this rep ort follows the second treatment period, or the first treatment period if the defendant’s incompetence is determined to be solely due to a developmental disability, or if the evaluator concludes that the defendant is not likely to Order For Felony Competency Restoration Treatment (CROR IP, CROROP ) Page 4 of 6 MP 240 ( 07 /2019 ) RCW 10.77.0 10, .050, .0 60, .065, .084, .086; CrR 3.3 regain competency, then t he report must also include an assessment of the defendant’s future dangerousness. [ ] Additional Requirements of Report (if any): . Copies of Report. DSHS shall furnish a copy of the written report of the results of the evaluation to the court, the p rosecutor, the defense attorney, the designated crisis responder (DCR) for the county of , and the Jail/Detention facility (if the defendant is currently held in the detention facility). 7. Transportation and Admission to the DSHS Designated Facility. This section is only applicable if the defendant will be undergoing inpatient restoration. [ ] In-custody Defendant : The defendant shall be transported and admitted to the treatment facility by the earlier of 7 days of DSHS’ receipt of this order or 14 days f rom the date of this order as required by statute and case law, including Trueblood v. Wash ington State Department of Social and Health Services, 101 F. Supp. 3d 1010 (W.D. Wash. 2015), vacated on other grounds, 822 F.3d 1037 (9th Cir. 2016); Trueblood v. Washington State Department of Social and Health Services , No. C14 - 1178 MJP , 2017 WL 1488479, 2017 U.S . Dist. LEXIS 65532 (W.D. Wash. Apr. 26, 2017) (Order Adopting (in Part) the Parties’ Mediated Settlement Agreement) . The Jail/Detention facility shall transport the in -custody defendant from the Jail/Detention facility to the treatment facility designat ed by DSHS and back. Transportation to the treatment facility shall occur within 1 day of the receipt of an offer of admission of the defendant for restoration treatment. [ ] Inpatient Defendant : The defendant is currently admitted to a DSHS designated facility. [ ] Out -of -custody Defendant : Within 2 court days of entry of this order, the defendant’s attorney shall contact DSHS to coordinate an admission date. The defendant shall report to the DSHS designated facility as directed by DSHS. The defend ant shall obtain medical clearance prior to admission and shall follow the instructions of DSHS regarding medical clearance. 8. Discharge. Any treatment facility providing inpatient services related to competency shall discharge the defendant as soon as the treatment facility determines that the defendant is competent to stand trial. Discharge shall not be postponed during the writing and distribution of the evaluation report. The treatment facility shall promptly notify the court and all parties of t he date on which the competency restoration period expires by discharge from the treatment facility so that a timely hearing date may be scheduled . If the defendant is discharged to the Jail/Detention facility, the Jail/Detention facility must continue t he medication regimen prescribed by the DSHS designated facility, when clinically appropriate, unless the defendant refuses to cooperate with medication and there is no forced medication order in effect. 9. Next Hearing . The next hearing date is scheduled for (date) at A.M./P.M., at . Order For Felony Competency Restoration Treatment (CROR IP, CROROP ) Page 5 of 6 MP 240 ( 07 /2019 ) RCW 10.77.0 10, .050, .0 60, .065, .084, .086; CrR 3.3 [ ] A separate scheduling order shall be filed (if required by local practice). (This date must be prior to the expiration of the current restoration period. ) If the defendant is admitted to a facility designated by D SHS from a Jail/Detention facility, the defendant shall be returned to the Jail/Detention facility before this court date, except as provided below: [ ] All parties agree [ ] to waive the presence of the defendant or [ ] to the defendant’s remote pa rticipation at a subsequent competency hearing or to presentation of an agreed order if the opinion of the treatment facility is that the defendant remains incompetent, and the hearing is held prior to the expiration of the current commitment period. The report must be provided to the parties with sufficient time to accommodate remote participation for entry of a continued restoration order. 10 . [ ] Interpreter . The defendant requires the services of an interpreter in the following language . 11 . Time f or trial period remains tolled . Pursuant to CrR 3.3, the time for trial in this case is tolled until the defendant is found competent to stand trial. 12 . Firearm Restriction. The defendant shall immediately surrender any concealed pistol license s and the defendant may not possess a firearm unless the defendant’s right to do so is restored by a court of record. The Notice of Ineligibility to Possess a Firearm is filed separately. 13 . Other . . Dated : Judge Print Name: Approved as to form Appr oved as to form Deputy Prosecuting Attorney Attorney for the Defendant Print Name: Print Name: WSBA No. WSBA No. Contact and distribution list (contact information including email address, phone , and/or fax number, should be included to receive scheduling communications and/or reports). 1. State Hospital/DSHS [ ] Eastern State eshfsuadmin@dshs.wa.gov [ ] Western State OFMHSCOURTORDERS@d shs.wa.gov [ ] DSHS/Child Study and Treatment Center 2. Ordering Court Order For Felony Competency Restoration Treatment (CROR IP, CROROP ) Page 6 of 6 MP 240 ( 07 /2019 ) RCW 10.77.0 10, .050, .0 60, .065, .084, .086; CrR 3.3 3. Jail/Detention Facility 4. DCR 5. Prosecuting Attorney 6. Defense Attorney 7. Alternate contact for defense 8. Other