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.