BILL · 2023–24 SESSION · LATEST VERSION E2SSB 5440

SB 5440: Competency evaluations

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

Summary

  • 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 defendants charged with a nonfelony or certain class C felonies.
  • 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.
  • Establishes requirements relating to persons who have been found incompetent to stand trial based on an intellectual or developmental disability, dementia, or traumatic brain injury, and requires the University of Washington to run a pilot project to address short-term stabilization and transition support for individuals found incompetent due to an intellectual or developmental disability.
  • Requires the Health Care Authority to take steps to increase compensation of staff in outpatient competency restoration programs, subject to funding.

From the Engrossed Second Substitute House Bill Report (E2SSB 5440), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 453, Laws of 2023
  1. IntroducedJan 18, 2023
  2. Out of committeeFeb 24, 2023
  3. Passed SenateMar 2, 2023
  4. Passed HouseApr 11, 2023
  5. GovernorMay 15, 2023
  6. LawMay 15, 2023
Prime sponsor
Manka Dhingra (D-45)
Introduced
January 18, 2023 in the Senate
Last action
May 15, 2023
Session law
Chapter 453, Laws of 2023
Requested by
Governor
Budget
Has a fiscal note
Versions
SB 5440, SSB 5440, E2SSB 5440

AN ACT Relating to providing timely competency evaluations and restoration services to persons suffering from behavioral health disorders within the framework of the forensic mental health care system consistent with the requirements agreed to in the Trueblood settlement agreement;

Sponsors

Votes

Senate · 3rd Reading & Final Passage

Passed March 2, 2023
Version voted on: E2SSB 5440
44 Yea 5 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat29000
Republican15500
How each member voted

House · Final Passage as Amended by the House

Passed April 11, 2023
Version voted on: E2SSB 5440
61 Yea 34 Nay 0 Absent 3 Excused
PartyYeaNayAbsentExcused
Democrat56002
Republican53401
How each member voted

Yea (61)

House · Final Passage as Amended by the House

Passed April 21, 2023
Version voted on: E2SSB 5440
79 Yea 18 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat57001
Republican221800
How each member voted

Yea (79)

Excused (1)

Senate · Final Passage as Amended by the House

Passed April 22, 2023
Version voted on: E2SSB 5440
43 Yea 6 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat29000
Republican14600
How each member voted

History

  1. Effective date 7/23/2023*. (E2SSB 5440)
  2. Chapter 453, 2023 Laws. (E2SSB 5440)
  3. Governor signed. (E2SSB 5440)
  4. Delivered to Governor. (E2SSB 5440)
  5. President signed. (E2SSB 5440)
  6. Speaker signed. (E2SSB 5440)
  7. Passed final passage; yeas, 43; nays, 6; absent, 0; excused, 0. (E2SSB 5440)
  8. Senate concurred in House amendments. (E2SSB 5440)
  9. Third reading, passed; yeas, 79; nays, 18; absent, 0; excused, 1. (E2SSB 5440)
  10. Rules suspended. Placed on Third Reading. (E2SSB 5440)
  11. Returned to second reading for amendment. (E2SSB 5440)
  12. House receded from amendments. (E2SSB 5440)
  13. Senate refuses to concur in House amendments. Asks House to recede from amendments. (E2SSB 5440)
  14. Committee amendment not adopted. (E2SSB 5440)
  15. Third reading, passed; yeas, 61; nays, 34; absent, 0; excused, 3. (E2SSB 5440)
  16. Rules suspended. Placed on Third Reading. (E2SSB 5440)
  17. Floor amendment(s) adopted. (E2SSB 5440)
  18. Rules Committee relieved of further consideration. Placed on second reading. (E2SSB 5440)
  19. Referred to Rules 2 Review. (E2SSB 5440)
  20. Minority; without recommendation. (E2SSB 5440)
  21. Minority; do not pass. (E2SSB 5440)
  22. APP - Majority; do pass with amendment(s) but without amendment(s) by Civil Rights & Judiciary. (E2SSB 5440)
  23. APP - Executive action taken by committee. (E2SSB 5440)
  24. Referred to Appropriations. (E2SSB 5440)
  25. CRJ - Executive action taken by committee. (E2SSB 5440)
  26. Minority; without recommendation. (E2SSB 5440)
  27. CRJ - Majority; do pass with amendment(s) by Civil Rights & Judiciary. (E2SSB 5440)
  28. First reading, referred to Civil Rights & Judiciary. (E2SSB 5440)
  29. Third reading, passed; yeas, 44; nays, 5; absent, 0; excused, 0. (E2SSB 5440)
  30. Rules suspended. Placed on Third Reading. (E2SSB 5440)
  31. Floor amendment(s) adopted. (E2SSB 5440)
  32. 2nd substitute bill substituted. (E2SSB 5440)
  33. 2nd substitute bill substituted. (SSB 5440)
  34. 2nd substitute bill substituted.
  35. Placed on second reading by Rules Committee. (E2SSB 5440)
  36. Placed on second reading by Rules Committee. (SSB 5440)
  37. Placed on second reading by Rules Committee.
  38. Passed to Rules Committee for second reading. (E2SSB 5440)
  39. Passed to Rules Committee for second reading. (SSB 5440)
  40. Passed to Rules Committee for second reading.
  41. Minority; without recommendation. (E2SSB 5440)
  42. WM - Majority; 2nd substitute bill be substituted, do pass. (E2SSB 5440)
  43. WM - Majority; 2nd substitute bill be substituted, do pass. (SSB 5440)
  44. Minority; without recommendation. (SSB 5440)
  45. Minority; without recommendation.
  46. WM - Majority; 2nd substitute bill be substituted, do pass.
  47. Referred to Ways & Means. (SSB 5440)
  48. Referred to Ways & Means.
  49. LAW - Majority; 1st substitute bill be substituted, do pass. (SSB 5440)
  50. Minority; do not pass. (SSB 5440)
  51. And refer to Ways & Means. (SSB 5440)
  52. And refer to Ways & Means.
  53. Minority; do not pass.
  54. LAW - Majority; 1st substitute bill be substituted, do pass.
  55. First reading, referred to Law & Justice.

SB 5440 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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