Trueblood ex rel. Badayos v. Washington State Department of Social & Health Services

Opinion by

Washington State, through its Department of Social and Health Services (“DSHS”), 1 has faced considerable challenges — both legal and practical — in administering timely competency evaluation and restoration services to pretrial detainees in city and county facilities. It is well recognized that detention in a jail is no substitute for mentally ill detainees who need therapeutic evaluation and treatment. Long-standing Supreme Court precedent requires that “a person whose mental condition is such that he lacks the capacity to understand the nature and object of the proceedings against him, to consult with counsel, and to assist in preparing his defense may not be subjected to a trial.” Drope v. Missouri, 420 U.S. 162, 171 , 95 S.Ct. 896 , 43 L.Ed.2d 103 (1975). To hon- or its constitutional obligations, Washington law provides that when “there is reason to doubt [the] competency” of a person facing criminal charges, the defense counsel or prosecutor may request an evaluation or a court may sua sponte order an evaluation to ensure that only those persons competent to stand trial are prosecuted. Wash. Rev.Code § 10.77.060.

Following a bench trial, the district…