Fill and Sign the Order Dismissing Felony Charges and Form

Order Dismissing Felony Charges (ORDSMWO, ODIVTE) Page 1 of 2 and Directing Civil Commitment Evaluation MP 260 (07/2017) RCW 10.77. 068, 084 Superior Court of Washington County of State of Washington , Plaintiff vs. , Defendant DOB: ____________ No. Order Dismissing Felony Charges and Directing Civil Commitment Evaluation (ORDSMWO, ODIVTE) Clerk’s Action Required : 4, [ ] 7 The court considered the following: [ ] The report dated _____________ ________ of a “professional person” as defined in RCW 10.77.010. [ ] The agreement of the parties. [ ] Other . The court makes the following findings of fact and conclusion s of law: Findings of Fact 1. Competency to stand trial . As a result of mental disease or defect, the defendant lacks the capacity to: [ ] understand the nature of the proceedings against him/herself ; and/or [ ] assist in his/her own defense. The defendant is not competent to stand trial. 2. Restorability . [ ] The defendant is unlikely to regain competency in the allowable period of treatment. [ ] The defendant has undergone competency restoration treatment, and [ ] The d efendant is unlikely to regain competency. [ ] The period of treatment has ended and defendant’s competency has not been restored. Further treatment is not likely to restore competency. Order Dismissing Felony Charges (ORDSMWO, ODIVTE) Page 1 of 2 and Directing Civil Commitment Evaluation MP 260 (07/2017) RCW 10.77. 068, 084 [ ] Other : _______________________________________________________________ 3. Felony Charge . The defendant is charged with the felony offense(s) of : . The Court Orders: 4. Dismissal Without Prejudice . This case is dismissed without prejudice. 5. Commitment for Civil Commitment Evaluation . The defendant is committed to the state hospital for up to 72 hours for evaluation for the purpose of filing a civil commitment petition under 71.05 RCW. The 72 hours starts from admission to the facility, but excludes Saturdays, Sundays, and holidays. 6. Admission to State Hospital . [ ] The defendant is rema nded into custody to be detained, transported , and delivered to the designated DSHS facility. The defendant may be held in custody no longer than the time limits in RCW 10.77.068 and other applicable law before being transported to the DSHS facility and s hall be released if not transported within the 14 -day period . The defendant is remanded into custody to be detained, transported , and delivered to a state hospital. The defendant shall be transported within a target of seven days or less, but in no even t more than fourteen days. The time period shall commence on the date on which the state hospital receives the court referral and charging documents, discovery, police reports, the names and addresses of the attorneys for the defendant and state or county , the name of the judge ordering the evaluation, information about the alleged crime, and criminal history information related to the defendant. [ ] The defendant is currently at a DSHS facility and no further transport is needed. The jail shall transpor t the defendants remaining property to the facility as soon as possible. [ ] The defendant is out of custody and shall report to DSHS on (date) ________________ for evaluation . 7. A copy of this order shall be emailed to the DSHS at: (insert e -mail addr ess ) within 24 hours by the [ ] moving party [ ] county clerk. Dated Judge Print Name: Approved as to form Approved as to form Deputy Prosecuting Attorney Attorney for the Defendant Print Name: Print Name: WSBA No. WSBA No.