RCW 10.77.040 Instructions to jury on special verdict.
Whenever the issue of insanity is submitted to the jury, the court shall instruct the jury to return a special verdict in substantially the following form:
answer yes or no
1.
Did the defendant commit the act charged?
. . . . .
2.
If your answer to number 1 is yes, do you acquit him or her because of insanity existing at the time of the act charged?
. . . . .
3.
If your answer to number 2 is yes, is the defendant a substantial danger to other persons unless kept under further control by the court or other persons or institutions?
. . . . .
4.
If your answer to number 2 is yes, does the defendant present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions?
. . . . .
5.
If your answers to either number 3 or number 4 is yes, is it in the best interests of the defendant and others that the defendant be placed in treatment that is less restrictive than detention in a state mental hospital?
. . . . .
[ 1998 c 297 § 33; 1974 ex.s. c 198 § 4; 1973 1st ex.s. c 117 § 4.]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
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