OLYMPIA — The Washington State Senate recently passed legislation that would create a mental health sentencing alternative.
SB 5293, sponsored by Sen. T’wina Nobles (D-Fircrest), would allow a sentencing court discretion and victim input on whether a mental health sentencing alternative should be imposed.
“We are not doing well by individuals with mental illness in the criminal justice system,” Nobles said. “By addressing the root causes of some criminal behaviors, such as behavioral health concerns, this bill promotes and improves public safety and supports the long-term health of individuals convicted of crimes where mental health, cognitive issues, or brain injuries are a factor.”
As the current law stands, Washington limits community supervision to persons who are classified high risk except for persons who receive sentencing alternatives. Typically, a judge must impose a sentence within the standard range for the offense unless the court finds substantial and compelling reasons to impose an exceptional sentence outside the standard range.
“Instead of criminalizing community members with serious mental illnesses, we need to treat them,” says Nobles. “A serious mental illness is defined as a mental, behavioral, or emotional disorder resulting in a serious functional impairment, which substantially interferes with major life activities.”
Persons in community custody are supervised by community corrections officers instead of being sentenced to confinement. These persons may also be required to participate in form of treatment.
The bill passed unanimously by the Senate and will now be considered by the House.
