Born v. Thompson

¶45 (dissenting) — A court may commit a misdemeanant defendant for mental health treatment and competency restoration upon finding that the defendant is “not competent”21 and that he or she has either “[a] history ... or a pending charge of one or more violent acts.”22 The court’s competency determination is made “following” *770its receipt of the mental health evaluation report mandated in RCW 10.77.060. RCW 10.77.090(1)(a). That report is the product of a prior court-ordered commitment of the defendant for a mental health examination, a commitment “not to exceed fifteen days from the time of…