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WPI 360.21 Special Verdict Form [A] (90 Days)—Behavioral Health Disorder—Involuntary Treatment

6A WAPRAC WPI 360.21Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 360.21 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIX. Involuntary Treatment
Chapter 360. Behavioral Health Disorders
WPI 360.21 Special Verdict Form [A] (90 Days)—Behavioral Health Disorder—Involuntary Treatment
(Insert case caption.)
We, the jury, answer the questions submitted by the court as follows:
QUESTION 1: Does the respondent, (fill in name), have a behavioral health disorder?
ANSWER: (Write “yes” or “no”)
(DIRECTION: If your answer to Question 1 is “no,” do not answer any further questions. If your answer to Question 1 is “yes,” you must then answer questions [1a], [1b], [1c], [2], [3], [4] [and] [5], as instructed below.)
[QUESTION 1a: Does the respondent,(fill in name), have a mental disorder?
ANSWER: (Write “yes” or “no”)]
[QUESTION 1b: Does the respondent, (fill in name), have a substance use disorder?
ANSWER: (Write “yes” or “no”)]
[QUESTION 1c: Does the respondent, (fill in name), have a co-occurring mental disorder and substance use disorder?
ANSWER: (Write “yes” or “no”)]
[QUESTION 2: Is(name of respondent)gravely disabled as a result of [his] [her] behavioral health disorder?
ANSWER: (Write “yes” or “no”)]
[QUESTION 3a: Has(name of respondent), after having been taken into custody for evaluation and treatment, threatened, attempted or inflicted [physical harm upon] [the person of another] [or] [himself] [herself] [or] [substantial damage upon the property of another]?
ANSWER: (Write “yes” or “no”)
(DIRECTION: If your answer to Question 3a is no, do not answer Question 3b. If your answer to Question 3a is yes, you must now answer Question 3b.)
QUESTION 3b: Does(name of respondent), as a result of [his] [her] behavioral health disorder, present a likelihood of serious harm to [himself] [herself] [others] [or] [the property of others]?
ANSWER: (Write “yes” or “no”)]
[QUESTION 4a: Was(name of respondent)taken into custody as a result of conduct in which [he] [she] attempted or inflicted [physical harm upon the person of another] [or] [himself] [herself] [or] [substantial damage upon the property of others]?
ANSWER: (Write “yes” or “no”)
(DIRECTION: If your answer to Question 4a is no, do not answer Question 4b. If your answer to Question 4a is yes, you must now answer Question 4b.)
QUESTION 4b: Does(name of respondent), as a result of [his] [her] behavioral health disorder, continue to present a likelihood of serious harm to [himself] [herself], [others] [or] [the property of others]?
ANSWER: (Write “yes” or “no”)]
[QUESTION 5a: Have criminal charges against(name of respondent)been dismissed due to a finding of incompetence and has respondent been determined to be incompetent and did [he] [she] commit acts constituting a felony, specifically: (specify the felony or felonies)?
ANSWER: (Write “yes” or “no”)
(DIRECTION: If your answer to Question 5a is no, do not answer Question 5b. If your answer to Question 5a is yes, you must now answer Question 5b.)
QUESTION 5b: Does(name of respondent), as a result of [his] [her] behavioral health disorder, present a substantial likelihood of repeating similar acts?
ANSWER: (Write “yes” or “no”)]
(DIRECTION: If your answers to question[s] [2], [3b], [4b], [5b] all are “no,” do not answer any further questions. If your answer to any one or more of those questions is “yes,” then you must proceed to answer the following question.)
QUESTION [6]: Has the petitioner proved that less restrictive treatment will not serve the best interest of(fill in the name)or others?
ANSWER: (Write “yes” or “no”)
(DIRECTION: Sign this verdict form and notify the bailiff.)
DATE:
Presiding Juror
NOTE ON USE
Use this instruction for 90-day involuntary commitment proceedings. Under one set of circumstances, the instruction may also apply to a 180-day involuntary treatment case. See the discussion in the Comment. For other 180-day involuntary commitment proceedings, use WPI 360.22 (Special Verdict Form [A] (180 Days)—Behavioral Health Disorder—Involuntary Treatment).
Use bracketed material as applicable.
Select bracketed Questions 1a, 1b, or 1c depending on the case and renumber accordingly.
Select from among Questions 2, 3, 4, and 5 depending on the statutory grounds at issue and renumber the questions accordingly. In this regard, also make the appropriate selections from the bracketed alternatives in the directions to the jurors that follow Questions 2 and 5 above.
Do not separate Question 3a from 3b, 4a from 4b, or 5a from 5b. In each instance, the (a) and (b) sections together address one of the statutory grounds for commitment and should be considered as a single unit. For example, Questions 3a and 3b will both apply to a particular case or neither will. The (a) and (b) units are drafted separately in order to convert lengthy statutory passages into questions that will be easier for jurors to understand.
If Question 5a is being used, the jury instructions should include a separate instruction setting forth the elements of the felony or felonies, absent any element of intent, willfulness or state of mind. See the Comment to WPI 360.04 (Behavioral Health Disorder—Involuntary Treatment—90 Days).
Use WPI 360.05.02 (Less Restrictive Alternative—Behavioral Health Disorder—Involuntary Treatment—Definition) with this verdict form if necessary to define “least restrictive alternative.”
Use WPI 360.20 (Concluding Instruction—Behavioral Health Disorder—Involuntary Treatment) with this verdict form.
COMMENT
RCW 71.05.280; RCW 10.77.086. The Legislature amended RCW 71.05 et seq. to collectively refer to mental illness and substance abuse as behavioral health disorders. See Laws of 2020, Chapter 302, § 41. This verdict form has been modified for this edition. No substantive change is intended.
This instruction applies to 90-day involuntary commitment proceedings. The instruction may also be used for one particular subset of 180-day hearings. In proceedings for commitment under RCW 71.05.320(1), when the grounds specified for commitment are those contained in RCW 71.05.280(3) (acts constituting a felony), an election may be made to pursue commitment of up to 90 days or up to 180 days. Under either election, the jury would be instructed using the above instruction rather than WPI 360.22 (Special Verdict Form [A] (180 Days)—Behavioral Health Disorder—Involuntary Treatment).
With regard to civil commitment of incompetent criminal defendants, see Jackson v. Indiana, 406 U.S. 715, 92 S.Ct. 1845, 32 L.Ed.2d 435 (1972).
See the discussion of Foucha v. Louisiana, 504 U.S. 71, 112 S.Ct. 1780, 118 L.Ed.2d 437 (1992), in the Comments to WPI 360.04 (Behavioral Health Disorder—Involuntary Treatment—90 Days) or WPI 360.05 (Behavioral Health Disorder—Involuntary Treatment—180 Days). For a general discussion of the issues involved in drafting this instruction, see the Comment to WPI 360.04 (Behavioral Health Disorder—Involuntary Treatment—90 Days).
Under RCW 71.05.290(3), a petition brought under RCW 71.05.280(3) (acts constituting a felony) may seek commitment for a period of up to 180 days even though no previous petitions were filed for initial detention or for a 14-day detention. This statute speaks only of RCW 71.05.280(3); it does not refer to the other subsections of RCW 71.05.280. In this regard, RCW 71.05.290(3) differs from the broader language contained in the counterpart statute for acts constituting a misdemeanor, RCW 71.05.235(2). Accordingly, if a 180-day petition is brought as authorized in 71.05.290(3), and if the petition alleges not only acts constituting a felony under RCW 71.05.280(3) but also alleges one or more of the other grounds for commitment under RCW 71.05.280, then the verdict form will need to be modified so that commitment can take place only if the grounds under RCW 71.05.280(3) are found to be true.
[Current as of February 2021.]
End of Document