"The mission of the Mental Health Division is to promote recovery and safety."
Program for Forensic Evaluations in Corrections and the Community (PFECC)
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Overview
Western State Hospital provides comprehensive pretrial forensic mental health evaluation and competency restoration treatment services to the State and Limited Jurisdiction Courts in Western Washington. Prior to 1998, almost all evaluations occurred on an inpatient basis at Western State Hospital. In response to increasing demand for evaluations, legislative interest in the conduct of evaluations locally due to public safety issues (SB 6214 incorporated in RCW 10.77), and in keeping with national trends, Western State Hospital established the Program for Forensic Evaluations in Corrections and the Community (PFECC).
This program is dedicated to providing complete evaluations on issues of diagnosis, competency to stand trial (CST), treatment recommendations for those found not competent to stand trial, criminal responsibility (e.g., insanity), danger to others, likelihood of committing offenses, and need for an involuntary treatment evaluation by a County Designated Mental Health Professional (CDMHP) under RCW 71.05. These evaluations are conducted in the jail or the community, dependent on the defendant's custody status, when the clinical issues, the facts of the case and the legal issues do not require hospitalization. The program currently provides approximately 80% of all court ordered pretrial evaluations. When necessary, to complete the evaluation, defendants are admitted to Western State Hospital.
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 entered in the court record by either party or by the court directly. Consultation on the appropriateness of ordering an evaluation in a specific case is available through the Program Manager. Instructions on completing the referral process are available from the Referral Procedure section below.
The vast majority of evaluations are conducted by one examiner with the agreement of the parties to the case, as provided for in RCW 10.77.060(1)(a), effective June 2004. A Developmental Disabilities Professional is assigned when ordered by the referring court.
Defendants are evaluated:
1. in-custody at the local jail, detention or correctional facility, treatment
facility, or,
2. out-of-custody at Western State Hospital on an outpatient basis, or,
3. out-of-custody by appointment at appropriate facilities.
The jail or facility must ensure that the setting and circumstances are conducive to confidentiality and to the safety of the examiner, the defendant and others partaking in the evaluation.
The Program for Forensic Evaluations in Corrections and the Community does not provide treatment services. Should evaluation or treatment for emergency medical or psychiatric disorder be required, other courses of action should be explored, such as referral for evaluation or treatment under RCW 71.05.
Staffing
The program is staffed by:
- Program Manager
- Program Secretary
- Licensed Psychologists
- Psychiatrists
- Support Staff
- One Psychologist qualifies under RCW 10.77.010(8) as a Developmental Disabilities Professional (DDP).
- Psychologists and psychiatrists qualify as Professional Persons.
Satellite Office
Western State Hospital maintains a satellite Northern Regional Office in Seattle to serve the northern counties of Western Washington. This office, first of its kind in the state, was opened after a pilot program showed it would speed up pretrial forensic evaluations and provide a more efficient base for forensic examiners, as well as reduce the time mentally ill defendants spend in a correctional environment. The staff includes five examiners and one support person. As resources become available, WSH hopes to establish more satellite offices that can serve other county and local courts in the future.Referral Procedure
The evaluation period begins when the Program for Forensic Evaluations in Corrections and the Community has received the minimally necessary documents to conduct the evaluation. These are:
- Court order signed
by a judge and a defense attorney, ordering:
- Western State Hospital to have access to the facility housing the defendant, or that facility to which they may be transferred prior to the evaluation,
- the specific legal items at issue for each charge (insanity, particular mental state),
- the place of evaluation,
- number of examiners required,
- examiner access to necessary records,
- if relevant, whether a DDP evaluator is ordered under
RCW
10.77.060(1)(a).
- Prosecutor's Discovery information.
- 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 that may be necessary for the evaluation include:
1. Clinical records of psychiatric and medical evaluations
and treatments
2. Criminal history
3. Educational records
4. Military service records
5. Forensic evaluation reports produced by other experts
6. Family and social history information.
All documents should be faxed or mailed directly to the Program Secretary.
Because of the very high volume of case referrals, the program cannot respond to routine calls for an update as to the status of a case. The program sends a progress report to the parties on a regular basis. If the referral information provides a phone number or e-mail address, and if specifically requested, we will confirm receipt of the documents.
Out-of-Custody Evaluations
Defendants who are ordered to an out-of-custody evaluation, or their attorney or designee, must contact the Program for Forensic Evaluations in Corrections and the Community. The program will not outreach to the defendant. Once the initial contact is made, the program will make arrangements for an appointment when an examiner is available.
Defendants appearing unannounced at Western State Hospital are not able to be seen or scheduled at that time.
Failure of a defendant to show up in a timely manner for a scheduled appointment may result in a recommendation to the court to have the defendant taken into custody to be evaluated in jail, if an evaluation is still required. Only under very extenuating circumstances will the program agree to another out-of-custody evaluation of the defendant. Any such further evaluation will be scheduled on an outpatient basis at Western State Hospital.
If a scheduled attorney fails to show up for an out-of-custody evaluation, any further appointments will occur on an outpatient basis on the grounds of Western State Hospital.
If the program is unable to contact a defendant or attorney in a reasonable time to schedule an evaluation, an appointment may be set for an outpatient evaluation on the grounds of Western State Hospital and the parties given reasonable notice. Failure to show for the appointed time will result in notification of the parties and in the closure of the Western State Hospital case.
In-Custody Evaluations
The order must grant Western State Hospital access to the jail or facility 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, they must coordinate the appointment with Western State Hospital and ensure they have access to the jail or facility independent of the examiner.
Interpreters
The referral information should indicate if a court-certified interpreter is required to complete the evaluation. Unless the examination occurs on the grounds of Western 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) is (are) of the opinion that the evaluation can only be completed by inpatient evaluation. If the defendant is in custody and the order allows, the defendant will be transferred to Western State Hospital when a bed is available and the parties will be notified by a Case Status Report. If the defendant is out of custody, a Case Status Report will be sent to the court recommending the defendant be ordered for inpatient evaluation.
Methods to Facilitate Evaluations
- Ensure the court order is specific and complete.
- Write order to allow examiners access to the defendant if the defendant is transferred to another facility.
- Arrange for timely delivery of complete referral documents (order, discovery, charging documents, and specific mental state issues).
- Allow for one examiner to conduct the evaluation.
- Limit legal issues in the initial evaluation to the optional issue of competency and treatment recommendations if incompetent, in addition to the statutorily required issues of diagnosis, danger to others, likelihood of re offense, and a recommendation regarding evaluation under RCW 71.05.
- Order criminal responsibility evaluations only when at issue.
- Order out-of-custody evaluations to occur on an outpatient basis on the grounds of Western State Hospital whenever possible.
- Provide legible contact information for the attorneys of the case.
- Discuss with the defendant before the referral whether an attorney's presence at the examination will be required.
Collaboration, Consultation, and Training
Upon request, staff from Program for Forensic Evaluations in Corrections and the Community are available for administrative meetings with courts and lawyer organizations. These meetings facilitate mutual understanding of procedures and needs of all organizations.
Training on a limited basis is available regarding legal procedures and the nature of criminal forensic evaluations.
Consultation is also available on a formal or informal basis on procedural issues.
Contact Information
Margaret Dean, M.D.,
PFECC Program Manager
Center for Forensic Services
Western State Hospital
9601 Steilacoom Blvd. SW
Tacoma, WA 98498
Phone: (253) 756-2833
Pager: (253) 291-2259
Fax: (253) 761-7577
Email: deanmad@dshs.wa.gov
Ranae Shanefelt
PFECC Secretary Administrative
Center for Forensic Services
Western State Hospital
9601 Steilacoom Blvd. SW.
Tacoma, WA 98498
Phone: (253) 756-2367
Fax: (253) 756-2956
Email: shanera@dshs.wa.gov
Directions to Center for Forensic Services
Follow the directions on the map
to Western State Hospital and once you have turned off Steilacoom Boulevard
at the light at the main hospital entrance:
• Drive past the administration building and the flag pole
• At next intersection continue straight ahead
• Drive around the new CFS building on the right
• Park in paved or gravel lot
• Enter building through parking lot
• Use right entry door
• Proceed to secure gate and state your business to an officer
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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:
