Form MP282 "Order Striking Non-felony Post-disposition Revocation Proceedings Due to Defendant's Lack of Competency and Immediately Releasing or Detaining Defendant" - Washington

What Is Form MP282?

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 November 1, 2021;
  • The latest edition provided by the Washington Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form MP282 by clicking the link below or browse more documents and templates provided by the Washington Superior Court.

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Download Form MP282 "Order Striking Non-felony Post-disposition Revocation Proceedings Due to Defendant's Lack of Competency and Immediately Releasing or Detaining Defendant" - Washington

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Court of Washington, County of
Case No.
,
Order Striking Non-Felony Post-
Plaintiff,
Disposition Revocation Proceedings Due
to Defendant’s Lack of Competency and
vs.
Immediately Releasing or Detaining
,
Defendant
Defendant.
(ORSK)
(Optional use)
The court conducted a hearing on the defendant’s competency to proceed with a revocation
hearing related to an alleged failure to comply with conditions of sentence. After reviewing the
evidence presented by the parties and other records in the case, the court finds the following
facts, and issues the following orders:
Findings of Fact.
The court finds by a preponderance of the evidence that the defendant (i) lacks the capacity to
understand the nature of the proceedings against them or to assist in their own defense as a
result of mental disease or defect; and (ii) is not competent to proceed with the revocation
hearing, pursuant to RCW 10.77.010 and 10.77.050.
Orders
1. Strike Hearing. Due to the defendant’s incompetency, the court strikes, without prejudice,
the revocation hearing alleging a failure to comply with conditions of sentence.
[ ] Strike and Immediately Release. The competency evaluator did not recommend that
the designated crisis responder (DCR) evaluate the defendant and consider initial
detention proceedings under ch. 71.05 RCW.
The defendant shall be released from custody on this case immediately.
[ ] Strike and Temporarily Detain. The competency evaluator recommended that the DCR
evaluate the defendant and consider initial detention proceedings under ch. 71.05 RCW.
The court finds that it is appropriate to allow the DCR to evaluate the defendant and
consider initial detention proceedings under ch. 71.05 RCW.
RCW 10.77.010, .050, .088
Order Striking Nonfelony Revocation
(11/2021)
(ORSK)
MP 282
p. 1 of 2
Court of Washington, County of
Case No.
,
Order Striking Non-Felony Post-
Plaintiff,
Disposition Revocation Proceedings Due
to Defendant’s Lack of Competency and
vs.
Immediately Releasing or Detaining
,
Defendant
Defendant.
(ORSK)
(Optional use)
The court conducted a hearing on the defendant’s competency to proceed with a revocation
hearing related to an alleged failure to comply with conditions of sentence. After reviewing the
evidence presented by the parties and other records in the case, the court finds the following
facts, and issues the following orders:
Findings of Fact.
The court finds by a preponderance of the evidence that the defendant (i) lacks the capacity to
understand the nature of the proceedings against them or to assist in their own defense as a
result of mental disease or defect; and (ii) is not competent to proceed with the revocation
hearing, pursuant to RCW 10.77.010 and 10.77.050.
Orders
1. Strike Hearing. Due to the defendant’s incompetency, the court strikes, without prejudice,
the revocation hearing alleging a failure to comply with conditions of sentence.
[ ] Strike and Immediately Release. The competency evaluator did not recommend that
the designated crisis responder (DCR) evaluate the defendant and consider initial
detention proceedings under ch. 71.05 RCW.
The defendant shall be released from custody on this case immediately.
[ ] Strike and Temporarily Detain. The competency evaluator recommended that the DCR
evaluate the defendant and consider initial detention proceedings under ch. 71.05 RCW.
The court finds that it is appropriate to allow the DCR to evaluate the defendant and
consider initial detention proceedings under ch. 71.05 RCW.
RCW 10.77.010, .050, .088
Order Striking Nonfelony Revocation
(11/2021)
(ORSK)
MP 282
p. 1 of 2
The defendant is to be detained in custody for a sufficient time to allow the DCR to
evaluate the defendant and consider initial detention proceedings under ch. 71.05 RCW.
The court has determined that “sufficient time” for purposes of this order will expire at
(time)
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.
2.
Interpreter. The defendant requires the services of an interpreter in the following
language:
.
3.
Stay of Proceedings. The case is at the post-sentencing stage. Jurisdiction is tolled.
RCW 10.77.050; State v. Campbell, 95 Wn.2d 954, 957 (1981); State v. Marquette, 146
Wn.2d 124, 131-32 (2002).
4.
Any custody orders on any other cases are to remain unaffected by this order.
5.
Other Orders:
Dated:
Judge
Approved as to form
Approved as to form
Deputy Prosecuting Attorney
Attorney for Defendant
WSBA No.
WSBA No.
RCW 10.77.010, .050, .088
Order Striking Nonfelony Revocation
(ORSK)
(11/2021)
MP 282
p. 2 of 2
Page of 2