IN THE __________________ DISTRICT COURT
FOR KING COUNTY, WASHINGTON

STATE OF WASHINGTON,

                  Plaintiff,

		vs.

                          ,

                  Defendant.	)
))))))))))	

NO.  

ORDER DISMISSING CRIMINAL
CHARGES WITHOUT PREJUDICE AND FOR CIVIL COMMITMENT EVALUATION 
(NO HISTORY OF VIOLENT ACTS)

 

	THIS MATTER having come on for hearing before the undersigned judge of the above-entitled court; the Plaintiff, State of Washington, is represented by the undersigned Deputy Prosecuting Attorney; the Defendant is present and represented by attorney __________________________; the Court has considered the attached report from Western State Hospital (WSH) dated ___________________ and all of the records in this case; 
THE COURT FINDS that the defendant does not have a pending charge or a history of one or more violent acts, as defined in RCW 10.77.010(9) and (15).  The defendant has not in the past been found incompetent under RCW Chapter 10.77 or been acquitted by reason of insanity, with regard to an alleged offense involving actual, threatened, or attempted physical harm to a person. 
THE COURT FINDS that the defendant is incompetent to proceed at this time.  
NOW, THEREFORE, under RCW 10.77.090(1)(d), the criminal charges filed herein are dismissed without prejudice. 
THE COURT FINDS that evaluation by a King County Mental Health Professional to determine whether to initiate civil commitment proceedings under RCW Chapter 71.05 is appropriate.  Therefore, the dismissal of this case will be effective in all respects only upon completion of that evaluation, as directed in this order.
Pursuant to RCW 10.77.090(1)(e), the defendant shall be detained for sufficient time, but not more than 24 hours, to allow the CDMHP to evaluate the defendant and commence proceedings under RCW Chapter 71.05 if appropriate. If the CDMHP elects not to initiate proceedings under RCW Chapter 71.05, the defendant shall be released (as to this case only) immediately.
The King County Prosecutor’s Office and any law enforcement agency possessing relevant information is authorized to provide to the CDMHP information that they reasonably believe may be of assistance in conducting the civil commitment evaluation.
The CDMHP, within five days after evaluating the defendant as provided in this order, shall inform the Court, the King County Prosecutor’s Office (DPA Donna Wise), the defense attorney (whose address is below), and Western State Hospital Center for Forensic Services, whether proceedings were commenced under RCW Chapter 71.05.
	DONE IN OPEN COURT this ____ day of                 ,     .

					_________________________________________
					J U D G E

Presented by:

_____________________________________

Deputy Prosecuting Attorney, WSBA ID #91002

Approved for entry; copy received:

_____________________________________

Attorney for Defendant, WSBA #_______
Defense attorney’s address: ______________________________
                            ______________________________
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