E2SSB 5440 — Providing timely competency evaluations and restoration services to persons suffering from behavioral health disorders.

What this bill does

Makes a number of changes to provisions governing competency evaluation and competency restoration procedures and requirements. Expands the duties of forensic navigators, and requires appointment of a forensic navigator for a defendant charged with a nonfelony who has had two or more competency evaluations in 24 months on separate charges. Requires jails to allow clinical intervention specialists access to persons referred for competency evaluation or restoration services, and specifies the duties of clinical intervention specialists. Prohibits jails or juvenile detention facilities from discontinuing or substituting a person's medications for a serious mental health disorder if the person is medically stable on the drug, with limited exceptions. Requires the Department of Social and Health Services (DSHS) to develop a program for persons who have been found incompetent to stand trial based on an intellectual or developmental disability or dementia, subject to funding. Requires the Health Care Authority to take steps to increase compensation of staff in outpatient competency restoration programs, subject to funding. Requires the DSHS to engage in certain data collection and to identify locations that may be commissioned or renovated for use in treating persons committed for competency evaluation or restoration or civil conversion, or following acquittal by reason of insanity.

From the Washington State Legislature's nonpartisan staff bill analysis. Read the full analysis ↗

Floor votes

• House — Final Passage as Amended by the House · April 11, 2023
  61 yea · 34 nay · 3 not voting
• House — Final Passage as Amended by the House · April 21, 2023
  79 yea · 18 nay · 1 not voting
• Senate — Final Passage as Amended by the House · April 22, 2023
  43 yea · 6 nay
• Senate — 3rd Reading & Final Passage · March 2, 2023
  44 yea · 5 nay

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Other bills sponsored by Dhingra

• 2SSB 5120 — Establishing crisis relief centers in Washington state.
• SSB 5171 — Addressing consumer gender discrimination.
• ESSB 5217 — Concerning the state's ability to regulate certain industries and risk classifications to prevent musculoskeletal injuries and disorders.
• SB 5228 — Providing occupational therapy services for persons with behavioral health disorders.
• SSB 5300 — Concerning continuity of coverage for prescription drugs prescribed for the treatment of behavioral health conditions.