OLYMPIA — A politically appointed panel would supervise the release from state mental hospitals of people who were found not guilty by reason of insanity under state legislation introduced by a North Olympic Peninsula representative.
Sen. James Hargrove, D-Hoquiam, said Senate Bill 6549 is in response to incidents where poor supervision of those sent to a mental health hospital rather than a prison due to their mental health has allowed them to commit more violent crimes.
“The point is,” he said, “to provide much closer supervision once they are released as opposed to waiting until there’s another incident.”
The state has 186 people who were committed to its two mental hospitals after being found not guilty by reason of insanity, according to a Senate committee report.
Hargrove represents the 24th Legislative District — which includes Clallam and Jefferson counties and a portion of Grays Harbor County — along with House Majority Leader Lynn Kessler, D-Hoquiam, and Rep. Kevin Van De Wege, D-Sequim.
Currently, the superior court in the county where the crime occurred reviews whether someone committed to a state hospital can be released. Release is then supervised by hospital staff, according to a committee report on the bill.
Shifting responsibility
The bill would place the decisions of when they can be released and responsibility for supervising them after they are let out in the hands of the statewide panel.
The five-member panel would be appointed by the governor with the consent of the Senate.
Under the bill, the panel could not include a prosecutor or public defenders; it must include a psychiatrist, a psychologist, someone with supervision experience and an attorney.
The bill is modeled after a program in Oregon and has received the support of the Washington Association of Prosecuting Attorneys and Association of Advanced Practice Psychiatric Nurses, according to a Senate Human Services and Corrections Committee report, which Hargrove chairs.
They testified on Jan. 15, when the legislation was introduced, that the bill would provide statewide consistency regarding when someone can be released and would bring more expertise to the process.
Among those who spoke against it were members of the Washington Association of Criminal Defense Lawyers, Disability Rights Washington and the American Civil Liberties Union.
They testified that in order to secure due process, judges rather than political appointees should make decisions regarding release.
Desert Storm honor
A bill introduced by Van De Wege last year that would name state Highway 110 near Forks in honor of Operation Desert Storm veterans gained new life last week.
It passed the state House of Representatives unanimously Friday and will be sent to the Senate for a vote.
It also passed the House last year, but didn’t make it to a floor vote in the Senate before the session ended.
“I’m absolutely proud to do this,” said Van De Wege.
“With a highway, it’s something veterans can drive on a daily basis and see that the state honors them.”
Van De Wege introduced the bill on behalf of Gerald Rettela, Korean War Veterans Association Olympic Peninsula Chapter president.
Rettela also worked with the Peninsula’s representatives to dedicate state Highway 112 between U.S. Highway 101 and state Highway 113 the Vietnam War Veterans Memorial Highway on Oct. 11, 2008, and portions of state highways 112 and 113 near Sappho as the Korean War Veterans Blue Star Memorial Highway on Sept. 6, 2008.
Also last week, Van De Wege introduced House Bill 2965, which would restrict tax credits for oil companies on fuel that is exported out of the state.
The bill is intended to raise $5 million in revenue for the state, he said.
It is in response to the $2.6 billion deficit the state is projecting for this year.
Public records
Kessler said budget problems may hinder legislation she introduced last week to create a state public records office.
Under House Bill 2736, the office would review appeals for the disclosure public records and train local governments in state open-government law.
“It would not be a big agency or anything,” she said.
“It would have an office where people can go and be approached to see if they can get [public records disputes] settled out of court.”
But no matter how small the agency may be, Kessler said, she wouldn’t expect any new government offices to be approved due to the deficit.
Still, she hopes that the bill will “start the discussion.”
And even if it doesn’t make it out of the Legislature this session, Kessler said, Gov. Chris Gregoire may create a small public records office within her own office as a pilot project.
Kessler also introduced last week:
• House Bill 3014, to re-establish a tax-deferral program for economically distressed counties.
• House Bill 2793, to add “gender-neutral” terms to the state Uniform Parentage Act.
Van De Wege last week also introduced:
• House Bill 2964, to require counties to activate their emergency management plans if a ship may be in danger of causing an oil spill.
Hargrove last week introduced:
• Senate Bill 6561, to restrict access to the records of juvenile offenders.
• Senate Bill 6600, to fund work force training grants.
• Senate Bill 6610, to create an independent public safety review panel to advise the state Department of Social and Health Services director in regard to criminally insane people.
• Senate Bill 6612, to require DSHS to do reviews if children who within the year preceding their death received care from the agency; it would give the agency access to confidential autopsy records.
• Senate Bill 6640, to update child support orders to ensure compliance with federal requirements.
• Senate Bill 6680, to allow counties to create sales and use taxes to fund criminal justice programs.
• Senate Bill 6704, to allow DSHS to set limits on the amount, scope and duration of medical care services.
_________
Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.