RCW 10.77 Not Guilty by Reason of Insanity (NGRI)
In April 2023, OPD assumed the administration of public defense services for those committed as Not Guilty by Reason of Insanity (NGRI) under Ch. 10.77 RCW. Previously, indigent representation was administered by individual counties. Pursuant to Substitute Senate Bill 5415, the legislature transferred administrative responsibility to OPD.
The bill was signed into law on April 20, 2023 and became effective immediately. Legislative appropriations to fund the program became effective July 1, 2023 and all indigent expert defense service costs incurred prior to July 1, 2023 remain the responsibility of the counties and/or the DSHS-Behavioral Health Administration.
OPD currently contracts with about 20 attorneys and four social workers to provide legal representation and transition planning services to individuals who were found Not Guilty by Reason of Insanity (NGRI) and committed at Eastern State Hospital, Western State Hospital, Maple Lane, or conditionally released in the community.
RCW 71.09
As required by state statute, OPD contracts with attorneys statewide to represent indigent respondents who have a right to legal counsel in civil commitment proceedings under Chapter 71.09 RCW.
In accordance with statutes, court rules and court orders, OPD also administers payments for investigators, expert witnesses and other necessary professional services.
Additional Information:
Reports
Find more information about Chapter 71.09 RCW program history by viewing the report section.
RCW 71.05 Involuntary Treatment Act (ITA)
In March 2025, OPD partnered with the Health Care Authority to provide legal representation for individuals facing long-term civil commitment (up to 90 to 180 days) under RCW 71.05. Also known as the “Involuntary Treatment Act” or “ITA” for short, this statute allows for commitment when a mental health professional determines an individual is gravely disabled, posing a danger to themselves or others.
ITA patients represented by OPD contractors under the new program are housed in two new state facilities in King County: UW Medical Center’s Center for Behavioral Health and Learning, and Olympic Heritage Behavioral Health. Currently, four attorney contractors provide legal representation on ITA cases, and we are also developing a social work model to enhance support for these individuals.