Washington Motion for Psychiatric Examination of Defendant

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State:
Multi-State
Control #:
US-00802
Format:
Word; 
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Description

This form is a model motion for psychiatric examination of an indigent defendant by a private psychiatrist. The motion is made by defendant's attorney in hopes of ascertaining whether defendant is fit to stand trail. The court is asked to pay for the examination due to the defendant's indigence.
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FAQ

(1) If a defendant is acquitted of a crime by reason of insanity, and it is found that he or she is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons ...

Acquittal of crime. Care and treatment of committed person?Hearings?Release. Periodic examinations?Persons with developmental disability?Reports?Notice to court. Authorization to leave facility where person is confined prohibited?Exceptions?Approval by secretary?Notification to county or city law enforcement agency.

No incompetent person shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity continues.

RCW 10.77. 065: Mental condition evaluations?Reports and recommendations required?Discharge of defendant when determined competent to stand trial.

Motion for acquittal on grounds of insanity?Hearing?Findings. The defendant may move the court for a judgment of acquittal on the grounds of insanity: PROVIDED, That a defendant so acquitted may not later contest the validity of his or her detention on the grounds that he or she did not commit the acts charged.

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Washington Motion for Psychiatric Examination of Defendant