wa-law.org > bill > 2025-26 > HB 2558 > Original Bill
A defendant is eligible for the mental health sentencing alternative if:
The defendant is convicted of a felony that is not :
A serious violent offense ;
A sex offense, except for failure to register under RCW 9A.44.132; or
A domestic violence offense committed against an intimate partner, except where the victim and the prosecuting attorney both consent to the defendant's participation in the sentencing alternative;
The defendant has no prior convictions in this state, and no prior convictions for an equivalent out-of-state or federal offense, for any violent offense within 10 years before conviction of the current offense;
The defendant is diagnosed with a psychotic disorder recognized by the diagnostic manual in use by mental health professionals at the time of sentencing, including schizophrenia, schizoaffective disorder, and bipolar disorder with psychotic features, but excluding substance-induced psychotic disorder;
The defendant is willing to participate in the sentencing alternative; and
As determined by the judge:
;
ii. The defendant's untreated psychotic disorder was a significant contributing factor in the commission of the offense; and
iii. There is a reasonable probability that the defendant's psychotic disorder can be appropriately managed with psychotropic medications, including but not limited to long-acting injectable antipsychotics.
A motion for a sentence under this section may be made by any party or the court, but is contingent upon the defendant's agreement to participate in the sentencing alternative.
To assist the court in its determination, the department shall provide a written report, which shall be in the form of a presentence investigation. Such report may be ordered by the court on the motion of a party prior to conviction if such a report will facilitate negotiations. The report must contain:
The defendant's diagnosis of a psychotic disorder;
The opinion of a physician, physician assistant, or advanced registered nurse practitioner who has evaluated the defendant, that there is a reasonable probability that the defendant's psychotic disorder can be appropriately managed with psychotropic medications;
If available, information including reports completed pursuant to chapters 71.05 and 10.77 RCW, reports completed by a mental health professional as defined in RCW 71.05.020, and other information and records related to mental health services, subject to the requirements and limitations under RCW 9.94A.500(2);
The opinion of the department regarding the appropriateness of the sentencing alternative and the suitability of the defendant for supervision;
A treatment plan for the defendant's psychotic disorder, including at a minimum:
The name and address of a treatment provider that is agreeing to provide treatment to the defendantand that accepts the defendant's insurance;
A completed psychiatric evaluation from within the last six months conducted by a physician, physician assistant, or advanced registered nurse practitioner with a specialty in psychiatric medicine and experience working with individuals with a criminal history;
An individualized plan of treatment, including requirements for psychotropic medications and counseling; and
An agreement by the treatment provider to monitor the progress of the defendant on the sentencing alternative, provide updates to the department and the court on such progress, and notify the department and the court at any time during the duration of the order if reasonable efforts to engage the defendant fail to produce substantial compliance with court-ordered treatment conditions;
A proposed monitoring plan, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;
Recommended crime-related prohibitions and affirmative conditions; and
A release of information, signed by the defendant, allowing the parties and the department to confirm components of the treatment and monitoring plan.
After consideration of all available information and determining whether the defendant is eligible, the court shall consider whether the defendant and the community will benefit from the use of this sentencing alternative. The court shall give serious consideration to the victim's opinion about whether the defendant should receive a sentence under this section. If the sentencing court determines that a sentence under this section is appropriate, the court shall waive imposition of the sentence within the standard range. The court shall impose a term of community custody between 12 and 24 months if the midpoint of the defendant's standard range sentence is less than or equal to 36 months, and a term of community custody between 24 months and 36 months if the midpoint of the defendant's standard range sentence is longer than 36 months. The actual length of community custody within these ranges shall be at the discretion of the court.
If the court imposes an alternative sentence under this section, the department shall assign a community corrections officer to supervise the defendant. The department shall provide a community corrections officer assigned under this section with appropriate training in mental health to be determined by the department.
For a defendant participating in this sentencing alternative, the court and correctional facility may delay the defendant's release from total confinement in order to facilitate adherence to the defendant's treatment plan. This may include delaying release in order to:
Allow a defendant to transfer directly to an inpatient treatment facility or supportive housing provider;
Ensure appropriate transportation is established and available; or
Release the defendant during business hours on a weekday when services are available.
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The court shall schedule progress hearings for the defendant to evaluate the defendant's progress in treatment and compliance with conditions of supervision on no less than a monthly basis for the first six months of the alternative sentence, and on no less than a quarterly basis for the remainder of the alternative sentence. If there are concerns regarding the defendant's compliance with the sentencing alternative that have not risen to the level of revocation proceedings, the court shall increase the frequency of the defendant's progress hearings.
Before any progress hearing, the department and the treatment provider shall each submit a written report informing the parties of the defendant's progress and compliance with treatment, unless waived by the court. At the progress hearing, the court shall hear from the parties regarding the defendant's compliance and may modify the conditions of community custody if the modification serves the best interests of the defendant, the victim, and the community.
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If the court imposes this sentencing alternative, the court shall impose conditions under RCW 9.94A.703 that are consistent with this section and may impose any additional conditions recommended by any of the written reports regarding the defendant.
The court shall impose specific treatment conditions:
Meet with treatment providers and follow the recommendations provided in the individualized treatment plan as initially constituted or subsequently modified by the treatment provider;
Take medications as prescribed, including monitoring of compliance with medication ;
Refrain from using alcohol and nonprescribed controlled substances . The court may order the department to monitor for the use of alcohol or nonprescribed controlled substances if the court prohibits use of those substances.
Treatment issues arising during supervision shall be discussed collaboratively. The treatment provider, community corrections officer, and any representative of the person's medical assistance plan shall jointly determine intervention for violation of a treatment condition. The community corrections officer shall have the authority to address the violation independently if:
The violation is safety related with respect to the defendant or others;
The treatment violation consists of decompensation related to psychosis that presents a risk to the community or the defendant and cannot be mitigated by community intervention. The community corrections officer may intervene with available resources such as a designated crisis responder; or
The violation relates to a standard condition for supervision.
The community corrections officer, treatment provider, and any engaged representative of the defendant's medical assistance plan should collaborate prior to a progress update to the court. Required treatment interventions taken between court progress hearings shall be reported to the court as a part of the regular progress update to the court.
The court may schedule a review hearing for a defendant under this sentencing alternative at any time to evaluate the defendant's progress with treatment or to determine if any violations have occurred.
At a review hearing the court may modify the terms of the community custody or impose sanctions if the court finds that the conditions have been violated or that different or additional terms are in the best interest of the defendant, the victim, and the community.
The court may order the defendant to serve a term of total or partial confinement for violating the terms of community custody or failing to make satisfactory progress in treatment.
The court shall schedule a termination hearing one month prior to the end of the defendant's community custody. A termination hearing may also be scheduled if the department or the state reports that the defendant has violated the terms of community custody imposed by the court. At that hearing, the court may:
Authorize the department to terminate the defendant's community custody status on the expiration date; or
Continue the hearing to a date before the expiration date of community custody, with or without modifying the conditions of community custody; or
Revoke the sentencing alternative and impose a standard range sentence or impose an exceptional sentence below the standard sentencing range if compelling reasons are found by the court or the parties agree to the downward departure. The defendant shall receive credit for time served while in compliance and actively supervised in the community against any term of total confinement. The court must issue written findings indicating a substantial and compelling reason to revoke this sentencing alternative.
Within existing resources, the health care authority shall contract with at least one, but no more than four, providers to provide all mental health assessments and preliminary treatment plan development for individuals participating in the sentencing alternative
. The contracted providers must employ a physician, physician assistant, or advanced registered nurse practitioner with a specialty in psychiatric medicine and experience working with individuals with a criminal history. If the participating individual has medical assistance and is confined in a facility participating in a section 1115 demonstration waiver, there must be an attempt to bill medical assistance prior to seeking reimbursement from the health care authority for in-custody mental health assessments and treatment plan development. The health care authority shall also reimburse for the ongoing monitoring of the defendant's adherence to the defendant's treatment plan and the requirements of the sentencing alternative, including reporting to the court and the department.
, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.