"The mission of the Mental Health Division is to promote recovery and safety."

Eastern State Hospital Forensic Services Unit Community Competency Evaluation Program

Court Order | Letter | WA State Bar Assoc. | WA Defender Assoc. | Court Directory by County

In response to an increasing demand for competency evaluations from eastern Washington courts, Eastern State Hospital (ESH) established the Community Competency Evaluation Program.

This program provides complete evaluations on issues of diagnosis, competency to stand trial, treatment recommendations for those found not competent to stand trial, criminal responsibility (e.g., insanity), danger to others, likelihood of re-offense, and need for involuntary treatment evaluation under RCW 71.05. The program evaluators are licensed psychiatrists and psychologists. One evaluator qualifies under RCW 10.77.010(8) as a Developmental Disabilities Professional (DDP). When necessary following preliminary assessment, defendants may subsequently be admitted to Eastern State Hospital to complete the evaluation on an inpatient basis.

Nature of Evaluations

Evaluations are conducted only by court order as provided in RCW 10.77.060, .065, and .090. The motion for an order for evaluation may be submitted to the court by either party or by the court directly. Forensic Services Unit staff may also provide consultation to judicial staff regarding the appropriateness of a request for evaluation. Effective June 2004, most evaluations will be conducted by one examiner with agreement of the parties in the case, as provided for in RCW 10.77.060(1)(a).

Defendants are evaluated:
1. In-custody at the local jail, detention facility or treatment facility, or,
2. At Eastern State Hospital on an non-inpatient basis if on personal recognizance, or,
3. When on personal recognizance by appointment at appropriate facilities.

The jail or facility must ensure that the setting and circumstances are conducive to the safety of the examiner, the defendant and others participating in the evaluation.

The Community Program does not provide treatment services. Should evaluation or treatment for an emergent medical or psychiatric problem be required, other courses of action should be explored, such as referral for evaluation or treatment under civil commitment - RCW 71.05.

Referral Procedure

The evaluation period begins when program staff have received the minimally necessary documents to conduct the evaluation. These are:

  1. Court order signed by the judge, prosecutor, and defense attorney, ordering an evaluation to include:
    1. Eastern State Hospital to have access to the facility housing the defendant, or that facility to which he/she may be transferred prior to the evaluation,
    2. the specific legal items at issue for each charge,
    3. the physical location of the evaluation,
    4. number of examiners required,
    5. if relevant, whether a DDP evaluator is ordered under RCW 10.77.060(1)(a).
  2. Relevant discovery information.
  3. Charging documents (Probable Cause or Information) specifying the charges, and if at issue, the type of criminal responsibility at issue for each charge (insanity or "particular mental state.") If relevant, the level of the "particular mental state" of each charge must also be specified. If these items are not specified, the evaluation on these issues cannot be conducted and the court will be so informed.

Additional documents useful for the evaluation include:

  1. Educational records
  2. Military service records
  3. Any specific history of dangerousness to self or others.
  4. From past treatment providers:
    1. Discharge Summary or most recent Clinical Summary
    2. Psychiatric Exam/Evaluation.
    3. Current medication and/or medication history.
    4. Social History.
    5. Psychological Test Reports.
    6. Consultations.
    7. Copies of crisis contacts or ITA evaluations.

All documents should be faxed or mailed to the Community Competency Evaluation Program Secretary at:

The Forensic Services Unit
Eastern State Hospital
PO Box 800
Maple Street
Medical Lake, WA 99022-0800
Fax: (509) 299-4432

Evaluation Scheduling

When the hospital receives an order for an evaluation, the Program Secretary will contact the defendant/attorney to schedule the evaluations. Defendants on personal recognizance who are ordered for an evaluation (or their attorney/family member) may also contact the Program Secretary to make advance arrangements for the evaluation at the hospital or in a community location e.g., their attorney's office, by contacting the secretary at (509) 299-4456. If the program is unable to contact a defendant or attorney to schedule an evaluation, the hospital may set an appointment date/time for an on-site evaluation at Eastern State Hospital and the parties will be provided reasonable notice. It is not possible to evaluate defendants appearing at Eastern State Hospital without an appointment. Failure of a defendant (or other parties who have indicated they would also be in attendance at the evaluation) to appear for a scheduled appointment may result in rescheduling the evaluation for a later date or a request to complete the evaluation in a secure setting. The hospital shall notify the attorneys and the court if a scheduled appointment is not kept.

Evaluations Conducted at the Jail

The order must grant Eastern State Hospital access to the jail and should include the option of access to any facility housing the defendant if the defendant is transferred prior to the evaluation. If there is prior notice that an attorney or interpreter is to be present during the evaluation, that person must coordinate the appointment with Eastern State Hospital and ensure they have access to the jail or facility independent of the examiner.

Interpreters

The referral information should specify if a court-certified interpreter is required to complete the evaluation. Unless the examination occurs at Eastern State Hospital, the parties are responsible for providing for and scheduling interpreter services.

Transfers From Jail or Community Evaluation to Inpatient Evaluation

In some cases, the examiner(s) are of the opinion that an evaluation can only be accomplished through inpatient evaluation. If the defendant is in custody and the order allows, the defendant will be transported to Eastern State Hospital when a bed is available and the parties will be notified via a Forensic Evaluation Report. If the defendant is on personal recognizance, a Forensic Evaluation Report will be sent to the court recommending the defendant be ordered for inpatient evaluation.

Recommendations to Facilitate Timely Evaluations

Contact Information

Christina Link, Administrative Secretary
linkchm@dshs.wa.gov
509.299.4423

Robert Henry, DO,Clinical Director
Forensic Services Unit
henryrob@dshs.wa.gov
509.299.4220

Forensic Services Unit
Eastern State Hospital
P.O. Box 800, Maple Street
Medical Lake, WA 99022-0800

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This page was last modified on January 16, 2007.

For more ways to get in touch with the Department of Mental Health Services, go to the DSHS Contact Information Web page. Mental Health Related Questions Contact:



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