Utter v. Department of Social & Health Services

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Bridgewater, J.

The Department of Social and Health Services (Department) appeals from a superior court ruling that invalidated the Department’s claim for reimbursement from Keith Utter for costs relating to his competency evaluation and treatment pending criminal charges. We hold that RCW 10.01.160 is the appropriate statute under which the Department may obtain reimbursement from criminal defendants, the Department’s costs for competency evaluation and treatment are costs “specially incurred” by the State in prosecuting defendants, and the Department can obtain recovery of these costs only…