BACKGROUND INFORMATION
As part of the Trueblood Settlement Agreement, the state agreed to work to achieve legislative changes to reduce the number of people ordered into competency evaluation and restoration. The state has since advanced bill proposals and supports legislation toward this goal.
ESSB 5444 was signed into law by the governor on May 9, 2019, and included changes to RCW 10.31.110, RCW 10.77.086, and RCW 10.77.088. These changes went into effect July 28, 2019. Prior to the changes introduced in ESSB 5444 (2019), an individual charged with a misdemeanor could be ordered into competency restoration with the same process as someone charged with a felony. With the changes introduced in ESSB 
5444 (2019), an individual charged with a misdemeanor crime cannot be ordered into competency restoration unless the prosecuting attorney first establishes that there is a “compelling state interest” to order competency restoration treatment for that individual.
The department continues to monitor the number of misdemeanor restoration orders before and after the 2019 law change that required only those charged with misdemeanors where there is a “compelling state interest” (RCW 10.77.088) to be referred for restoration.
The department continues its efforts to conduct outreach to the courts that refer the highest number of misdemeanor restoration orders and remains engaged in ongoing discussions with the Court Monitor and Plaintiff’s counsel about how to reduce these referrals.
Note that in 2023, RCW 10.77.088 was amended by E2SSB 5440 (signed into law May 15, 2023,
and effective July 23, 2023) to require the court to consider “all available and appropriate
alternatives to inpatient competency restoration.” This includes developing diversion programs
for defendants charged with non-felony crimes. The department will continue to monitor the
impacts of this amendment on misdemeanor restoration orders.