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Order Dismissing Nonfelony ( ORDSMIN, ORDSMWO) Page 1 of 2 Charges - Order to Release or Detain MP 275 ( 07/2019 ) R CW 10.77.084, .088 Court of Washington County of , Plaintiff vs. , Defendant DOB: _____________ No. Order Dismissing Nonserious Nonfelony Charges – Order to Release or Detain (ORDSMIN, ORDSMWO) [ ] Clerk’s Action Required: 1 Use this form when th e defendant is not eligible for competency restoration treatment. The court conducted a hearing on the defendant’s competency to proceed and the defendant’s eligibility for competency restoration treatment. The court considered: [ ] the report of the com petency evaluator who is a “professional person” as defined in RCW 10.77.010. [ ] Other Findings of Fact and Conclusions of Law: 1. Nonserious Offense . The defendant is charged with the nonfelony crime(s) which is/are not serious offense /s as defined i n RCW 10.77.092. [ ] The defendant does have a history of one or more violent acts as defined in RCW 10.77.010. The defendant shall immediately surrender any concealed pistol license s and the defendant may not possess a firearm unless the defendant’s rig ht to do so is restored by a court of record. The Notice of Ineligibility to Possess a Firearm is filed separately . (ORDSMIN) [ ] The defendant does not have a history of one or more violent acts. (ORDSMWO) 2. Competency to Stand Trial . The court find s 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/herself; and/or [ ] assist in his/her own defense. The defendant is not compe tent to stand trial. Order Dismissing Nonfelony ( ORDSMIN, ORDSMWO) Page 2 of 2 Charges - Order to Release or Detain MP 275 ( 07/2019 ) R CW 10.77.084, .088 3. Competency Restoration Treatment . The defendant is not eligible for competency restoration treatment. 4. Civil Commitment Evaluation . The competency evaluator’s report included an opinion that a designated crisis responder (DCR) [ ] should [ ] should not evaluate the defendant for civil commitment under 71.05 RCW. The Court orders: 5. Dismissal Without Prejudice . This case is dismissed without prejudice. 6. Custodial Status . [ ] Release . The defendant is immediately relea sed from custody on this case. Any custody orders on any other cases remain unaffected by this order. Or [ ] Detain. The defendant is detained in custody for a sufficient time to allow the DCR to evaluate the defendant and consider initial detention proc eedings under RCW Ch. 71.05. This court determined that “sufficient time” for purposes of this order expires at a.m./p.m. on (date) . The defendant shall be released from custody in this case upon the earlier of (a) being evaluated by the DCR, or (b ) the date specified above. 7. Other : . 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.