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WPI 360.22 Special Verdict Form [A] (180 Days)—Behavioral Health Disorder—Involuntary Treatment

6A WAPRAC WPI 360.22Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 360.22 (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 360.22 Special Verdict Form [A] (180 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, (name of respondent), 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 a behavioral health disorder?
ANSWER: (Write “yes” or “no”)]
[QUESTION 3a: Has(name of respondent), during the current period of court ordered treatment, threatened, attempted or inflicted [physical harm upon the person of another] [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 [others] [or] [the property of others]?
ANSWER: (Write “yes” or “no”)]
[QUESTION 4: Does(name of respondent), as a result of [his] [her] behavioral health disorder, continue to present a likelihood of serious harm to others?
ANSWER: (Write “yes” or “no”)]
[QUESTION 5: Does(name of respondent), as a result of [his] [her] behavioral health disorder, present a substantial likelihood of repeating acts similar to(specify felony or felonies found in previous ITA court proceedings)?
ANSWER: (Write “yes” or “no”)]
(DIRECTION: If your answers to question[s] [2], [3b], [4], [5] 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 180-day involuntary commitment proceedings. For 90-day involuntary commitment proceedings, use WPI 360.21 (Special Verdict Form [A] (90 Days)—Behavioral Health Disorder—Involuntary Treatment).
The instruction is drafted under the assumption that certain elements have already been proved in a prior commitment proceeding. For the rare case in which these elements have not already been proved, the instruction will need to be modified. See the Comment below.
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 1 and 5 above.
Do not separate Question 3a from 3b. The (a) and (b) sections together address one of the statutory grounds for commitment and should be considered as a single unit. Either 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 5 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 360.05 (Behavioral Health Disorder—Involuntary Treatment—180 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 71.05.320; 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 verdict form is for use at a 180-day involuntary commitment hearing, which will have been preceded by an earlier involuntary treatment hearing. At the 180-day hearing, the petitioner need not reprove certain elements when those elements were proved in the earlier hearing. See RCW 71.05.320(2) (the elements are those set forth in RCW 71.05.320(2)(b) and (2)(c)). The instruction above is drafted under the assumption that these elements will not need to be reproved. Practitioners should carefully review the earlier proceedings to make sure that these elements in fact have already been proved. In the rare case when these elements have not already been proved, the instruction above will need to be modified, perhaps by incorporating some of the elements from the 90-day verdict form, to address the elements more fully.
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 360.05 (Behavioral Health Disorder—Involuntary Treatment—180 Days).
[Current as of February 2021.]
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