Washington State law requires that a defendant be mentally competent to stand trial.
Washington has adopted the Dusky Standard definition which means the defendant must have a rational and factual understanding of the charges and the penalties associated with the charges against them. They must be able to meaningfully assist their attorney in their own defense.
When competence is questioned, the court may order a competency evaluation. Our office performs these specialized competency evaluations in jails, communities and at the Behavioral Health Administration’s state hospitals and competency restoration programs.
Community competency evaluations are conducted in the community, not by DSHS evaluators. They may be ordered by courts and are reimbursed by DSHS, per WAC 388-875-0040.
The rates of reimbursement are set in a fee schedule that is determined fair and reasonable by the secretary. Fees are reviewed by OFMHS at least annually and adjusted at the discretion of OFMHS. Please refer questions regarding the procedure for billing DSHS for reimbursement to
rusty.horton@dshs.wa.gov.