Wash. Admin. Code § 381-100-330 - Determination of competency
(1)
If, at any time prior to, or at the beginning of, the violation hearing, the
individual or defense counsel raises the issue of the individual's competency,
or there is reason to doubt competency, the presiding board member may order an
evaluation of competency to be completed.
(2) The certified evaluator shall have access
to all information obtained by the board including the ISRB file.
(3) The evaluation/assessment should include:
(a) A diagnosis of the mental condition of
the individual;
(b) If the
individual has indicated their intention to rely on the fact of their
competency at the time of the specified violations, an opinion as the
individual's competency at the time of the alleged violation
behavior;
(c) An opinion as to
whether the individual is a danger to themselves or other persons;
(d) An opinion as to whether the individual
is able to understand the nature of the proceeding and/or assist in their own
defense.
(4) At the time
the competency evaluation is ordered, the fact determination phase of the
hearing may be completed. The dispositional phase of the hearing shall be
continued until the competency evaluation can be submitted to the board for
consideration and inclusion in the dispositional phase of the
hearing.
(5) The board shall not
lose jurisdiction of an individual, regardless of the outcome of the competency
evaluation.
(6) Once the
dispositional phase has been convened, the board shall consider the results of
the evaluation and the evidence presented by both parties in making its
decision to revoke or reinstate the individual.
(7) Should the board determine that the
individual is competent, the board may reinstate the individual to supervision
with special or modified conditions, revoke the individual and return them to a
state correctional institution, or impose other appropriate
sanctions.
(8) Should the board
member determine that the individual is not competent, the board may reinstate
the individual with the special condition that the individual utilize the
voluntary commitment provisions under chapter 71.05 RCW, or the board may
revoke the individual and recommend that the individual seek further mental
health services while at the correctional institution.
Notes
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