Form MP240 "Order for Competency Restoration Treatment (Felony)" - Washington

What Is Form MP240?

This is a legal form that was released by the Washington Superior Court - a government authority operating within Washington. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on June 1, 2020;
  • The latest edition provided by the Washington Superior Court;
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Download Form MP240 "Order for Competency Restoration Treatment (Felony)" - Washington

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Superior Court of Washington
County of
No.
State of Washington
Order for Felony Competency
,
Plaintiff
Restoration Treatment
(CRORIP, CROROP)
vs.
[ ] Out of Custody [ ] In Custody
,
Defendant
Clerk’s action required: 4, 9, 12
DOB: _______________
[ ] 5, [ ] 10
The court enters the following regarding the defendant’s competency:
Findings of Fact:
1. Incompetency.
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 incompetent pursuant to RCW 10.77.010 and 10.77.050.
2. Developmental Disability. (Check only if applies.)
[ ] The court has been advised by
that the
defendant may have a developmental disability.
Conclusions of Law:
3. Competency restoration treatment is appropriate under RCW 10.77.086.
Order For Felony Competency Restoration Treatment (CRORIP, CROROP) Page 1 of 7
MP 240 (06/2020) RCW 10.77.010, .050, .060, .065, .084, .086; CrR 3.3
Superior Court of Washington
County of
No.
State of Washington
Order for Felony Competency
,
Plaintiff
Restoration Treatment
(CRORIP, CROROP)
vs.
[ ] Out of Custody [ ] In Custody
,
Defendant
Clerk’s action required: 4, 9, 12
DOB: _______________
[ ] 5, [ ] 10
The court enters the following regarding the defendant’s competency:
Findings of Fact:
1. Incompetency.
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 incompetent pursuant to RCW 10.77.010 and 10.77.050.
2. Developmental Disability. (Check only if applies.)
[ ] The court has been advised by
that the
defendant may have a developmental disability.
Conclusions of Law:
3. Competency restoration treatment is appropriate under RCW 10.77.086.
Order For Felony Competency Restoration Treatment (CRORIP, CROROP) Page 1 of 7
MP 240 (06/2020) RCW 10.77.010, .050, .060, .065, .084, .086; CrR 3.3
The Court Orders:
4. Competency Restoration Treatment.
The court orders the defendant into a program for 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 date on which the competency restoration period commences by
admission to the treatment facility and expires by discharge from the treatment facility so
that 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 competency restoration 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.
[ ] Outpatient Treatment (CROROP)
Note: Outpatient competency 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 appropriate for outpatient competency restoration treatment.
The defendant shall be placed on conditional release for up to 90 days for restoration of
competency under RCW 10.77.086. The defendant must reside in housing approved 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.
[ ] Outpatient Treatment by DSHS: 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:
.
[ ] Outpatient Treatment under the guidance and control of a professional person
appointed by the court.
Treatment Period (select one):
Note: 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.
[ ] 45 Days: A first felony inpatient restoration 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).
Order For Felony Competency Restoration Treatment (CRORIP, CROROP) Page 2 of 7
MP 240 (06/2020) RCW 10.77.010, .050, .060, .065, .084, .086; CrR 3.3
[ ] 90 Days: A first felony restoration period of 90 days for a case where the highest
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
restoration period is appropriate under RCW 10.77.084 and RCW 10.77.086.
[ ] 6 months: A third felony restoration of up to 6 months. To support this period of
restoration, the court or jury finds:
[ ] There is a substantial probability that the defendant will regain competency within a
reasonable period of time,
and
[ ] The defendant is:
[ ] A substantial danger to other persons, and/or
[ ] Presents a substantial likelihood of committing criminal acts jeopardizing public
safety or security.
Medication:
The treatment facility is authorized to administer clinically appropriate voluntary medication
for the purpose of competency restoration.
[ ] There is a separate order regarding involuntary medications.
[ ] The issue of involuntary medication may be addressed in a separate hearing.
5. Access to Records:
This signed court order shall serve as authority for the treatment facility (including outpatient
restoration provider) and DSHS to be given access to all records held by any mental health,
medical, educational, or correctional facility that relate to the present or past mental,
emotional, or physical condition of the defendant.
Within 24 hours of the signing of this order the following information shall be provided to
DSHS, the prosecuting attorney, and the defense attorney at the emails designated in the
distribution at the end of this order:
The clerk of the court shall provide a copy of this order.
[ ] Instead of the clerk of the court providing this document, it will be provided by:
.
Unless previously provided to DSHS and for the purpose of competency restoration, the
following materials shall be provided: The discovery packet, charging document,
understanding of the defendant’s criminal history, and any written competency
evaluation that was utilized in the court’s finding that the defendant is not competent to
proceed. DSHS shall forward previously received discovery packet information to any
contracted outside agency providing restoration services. Documentation not previously
provided shall be sent by:
[ ] the prosecuting attorney, [ ] the defense, [ ] other
.
Order For Felony Competency Restoration Treatment (CRORIP, CROROP) Page 3 of 7
MP 240 (06/2020) RCW 10.77.010, .050, .060, .065, .084, .086; CrR 3.3
The jail administrator shall provide the defendant’s medical clearance information to
DSHS, if this order requires transportation for inpatient competency restoration. Upon
request of DSHS, the jail administrator shall provide updated medical information, if
needed.
6. Evaluation and Report:
The treatment facility shall evaluate 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 distributed by the treatment facility within 2 business
days of the final evaluation.
[ ] Defense Attorney Presence (Only check this box if defense counsel wants notice and
the opportunity to be present):
The defense requests notification of the time and place of the evaluation at the contact
information provided. The defense attorney may be contacted at:
DSHS shall contact the defense attorney regarding scheduling within a reasonable time.
[ ] The evaluation may proceed without the defense attorney present if notice has been
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 report 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 regain competency, then the
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 prosecutor, 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).
Order For Felony Competency Restoration Treatment (CRORIP, CROROP) Page 4 of 7
MP 240 (06/2020) RCW 10.77.010, .050, .060, .065, .084, .086; CrR 3.3
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’s receipt of this order or 14 days from
the date of this order as required by statute and case law, including Trueblood v.
Washington 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 designated 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 3 court days of entry of this order, the defendant’s
attorney shall contact DSHS to request notification of the admission date. The
defendant shall report to the DSHS designated facility as directed by DSHS. The
defendant 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 the 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 the 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
.
[ ] 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.)
Order For Felony Competency Restoration Treatment (CRORIP, CROROP) Page 5 of 7
MP 240 (06/2020) RCW 10.77.010, .050, .060, .065, .084, .086; CrR 3.3
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