Washington Court Explains Groounds for Revoking Mental Health Sentencing Alternatives
Mental health sentencing alternatives (MHSA) are designed to provide therapeutic interventions for defendants with serious mental illness, but they carry stringent compliance requirements and judicial oversight. A recent Washington case explored the balance between a defendant’s obligations and the responsibilities of third parties such as community corrections officers and treatment providers. If you face sentencing under a mental health sentencing alternative or are concerned about revocation proceedings, you should talk to a Tacoma criminal defense attorney about your rights.
Factual and Procedural Background
It is reported that the defendant, who had been diagnosed with schizoaffective disorder bipolar type, was arrested after striking a nurse during a mental health evaluation at a hospital. She pleaded guilty to assault in the third degree and was granted a 36-month MHSA by the sentencing court. As part of the MHSA, she was required to comply with numerous community custody conditions, including attending treatment, taking prescribed medications, and reporting to the Department of Corrections (DOC).
Reportedly, following her release, the defendant failed to engage in treatment or remain in a prearranged sober living facility. The court found that she did not comply with the individualized treatment plan developed by Community Integrated Health Services (CIHS) and left her assigned housing after one day, choosing instead to live on the streets. Additionally, the defendant failed to report to her community corrections officer despite being reminded of the requirement. Based on these violations, the State filed a petition to revoke her MHSA.
It is reported that the defendant opposed the petition, arguing that DOC officials and treatment providers did not fulfill their statutory obligations to support her treatment and rehabilitation. She claimed that their failure to provide necessary services and follow-up contributed to her noncompliance.
Grounds for Revoking Mental Health Sentencing Alternatives
The court reviewed the revocation under RCW 9.94A.695, which allows a trial court to terminate an MHSA if the defendant violates conditions of community custody or fails to make satisfactory progress in treatment. The court emphasized that the failure of DOC or treatment providers to fulfill their obligations does not excuse a defendant’s noncompliance. Despite the defendant’s assertions, the court held that the record contained substantial evidence of her repeated violations, including failure to engage with her treatment plan or report to DOC.
The court also considered the sentencing issues. It is reported that the defendant was sentenced to 57 months of confinement followed by 12 months of community custody. However, RCW 9.94A.695 does not authorize the imposition of community custody after the revocation of an MHSA. The court accepted the State’s concession that this was an error and remanded the case to strike the community custody term.
Consult a Knowledgeable Washington Criminal Defense Attorney
If you are charged with an assault crime, it is smart to speak to an attorney about your possible defenses. The knowledgeable Tacoma criminal defense attorneys of the Law Offices of Smith & White can evaluate your case and aid you in seeking the best legal outcome possible. To arrange a confidential meeting, contact our office at (253) 203-1645 or reach out through our online form today.