HB 1218 Washington House · 2025-2026 Regular Session

Concerning persons referred for competency evaluation and restoration services.

HB 1218 aims to improve services for individuals referred for competency evaluations and restoration within the criminal justice system, particularly those with behavioral health needs. The bill expands and clarifies the role of forensic navigators, who courts may appoint to assist these individuals. Forensic navigators help individuals access diversion programs, community outpatient competency restoration services, housing, and medication, while also providing updates to the court and legal parties. The goal is to reduce the demand on forensic mental health facilities by diverting individuals to community-based behavioral health care.

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Jan 2026

House Passage

Mar 2025

Senate Passage

Governor

Introduced Jan 12, 2026 Last action Jan 12, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

Second Substitute Bill → Engrossed Second Substitute Bill · 4 edits · Mar 12, 2025

MODERATE

The bill was renamed from 'Second Substitute' to 'Engrossed Second Substitute' and had several technical corrections to its summary. The most significant substantive change is the replacement of a 'growth cap' program with an 'incentive program' for local courts. Previously, cities and counties faced financial penalties for exceeding their historical number of competency referrals; now, they can receive funding from the state to reduce these referrals. The bill also removed a specific exemption for individuals with intellectual disabilities or dementia from competency restoration requirements.

Scope change

The bill's scope regarding financial penalties for local jurisdictions was significantly altered from a punitive 'cap' system to a reward-based 'incentive' system, while the scope of competency restoration eligibility was slightly narrowed by removing specific conditions that previously exempted certain individuals from restoration.

FISCAL

Replaced the 'growth cap' penalty system with an 'incentive program' where cities and counties receive funding for reducing competency referrals instead of paying penalties for exceeding historical averages.

ELIGIBILITY

Removed intellectual or developmental disability and dementia from the list of conditions that exempt individuals from competency restoration requirements.

TIMELINE

Adjusted the effective date for the new competency referral incentive program from January 1, 2027, to January 1, 2026.

TECHNICAL

Corrected the bill title from 'Second Substitute' to 'Engrossed Second Substitute' and fixed a typo in the summary where a statute number was listed twice.

Bill → Substitute Bill · 10 edits

MAJOR

This bill amends the Washington State forensic mental health system to reduce the number of people sent to inpatient competency evaluations by introducing financial penalties for counties that exceed their historical referral limits. It also establishes a new fund to support community-based diversion programs and clarifies the rules for involuntary medication and video hearings.

Scope change

The bill expands the scope of forensic navigator duties to include gathering collateral information and coordinating transitions for individuals with intellectual or developmental disabilities, and it adds specific requirements for behavioral health diversion plans.

ELIGIBILITY

Changed the classification of felonies from 'Level' to 'Class' in the appointment of forensic navigators.

REQUIREMENT

Extended the time for courts to schedule hearings regarding transfers from inpatient to outpatient competency restoration from five days to ten days.

Added new duties for forensic navigators to assess individuals for intellectual or developmental disabilities and coordinate transitions for those found not restorable due to such conditions.

Mandated that hearings for involuntary medication be conducted via video conference.

Required behavioral health diversion plans to include specific measures for reducing referrals for class C felonies and addressing individuals with prior nonrestorability findings.

TIMELINE

Delayed the start of the county penalty program for excessive competency referrals from fiscal year 2026 to fiscal year 2027.

Delayed the start of quarterly reporting on competency orders from January 2026 to January 2027.

Delayed the start of the task force for implementing growth cap rules from August 2025 to August 2026.

FISCAL

Increased the penalty rate for counties without a behavioral health diversion plan from 150% to 150% of the treatment rate for orders exceeding the baseline (previously tiered).

DEFINITION

Defined 'behavioral health diversion' as adult jail diversion connecting individuals to community-based treatment instead of incarceration.

Floor votes · House Mar 12, 2025

How they voted

54–45

Passed · 1 other

Total votes 100

Mar 12, 2025

D Democratic61

52 Yea 8 Nay 1

85% Yea

R Republican39

2 Yea 37 Nay

94% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Jan 12, 2026

Committee

Referred to Civil Rights & Judiciary.

lower

Jan 12, 2026

Lower · Passed

Rules Committee relieved of further consideration.

lower

Jan 12, 2026

Introduced

By resolution, reintroduced and retained in present status.

lower

Apr 8, 2025

Upper · Passed

Executive session scheduled, but no action was taken in the Senate Committee on Ways & Means at 1:30 PM.

upper

Apr 5, 2025

Upper · Passed

Public hearing in the Senate Committee on Ways & Means at 12:00 PM.

upper

Apr 2, 2025

Committee

Referred to Ways & Means.

upper

Apr 1, 2025

Committee

And refer to Ways & Means.

upper

Apr 1, 2025

Upper · Passed

Minority; without recommendation.

upper

Apr 1, 2025

Upper · Passed

LAW - Majority; do pass with amendment(s).

upper

Apr 1, 2025

Upper · Passed

Executive action taken in the Senate Committee on Law & Justice at 9:00 AM.

upper

Mar 27, 2025

Upper · Passed

Public hearing in the Senate Committee on Law & Justice at 10:30 AM.

upper

Mar 12, 2025

Lower · Passed

Floor amendment(s) adopted.

lower

Feb 28, 2025

Committee

Referred to Rules 2 Review.

lower

Feb 28, 2025

Lower · Passed

Minority; without recommendation.

lower

Feb 28, 2025

Lower · Passed

Minority; do not pass.

lower

Feb 28, 2025

Lower · Passed

Executive action taken in the House Committee on Appropriations at 9:00 AM.

lower

Feb 26, 2025

Lower · Passed

Public hearing in the House Committee on Appropriations at 1:30 PM.

lower

Feb 20, 2025

Committee

Referred to Appropriations.

lower

Feb 18, 2025

Lower · Passed

Minority; do not pass.

lower

Feb 18, 2025

Lower · Passed

Executive action taken in the House Committee on Civil Rights & Judiciary at 10:30 AM.

lower

Jan 15, 2025

Lower · Passed

Public hearing in the House Committee on Civil Rights & Judiciary at 8:00 AM.

lower

1 primary · 11 co-sponsors