WAC 137-24-050   Determination of competency.  (1) Whenever, as a preliminary matter, the offender or the community corrections officer raises the issue of the offender's competency, or there is a reason to doubt his/her competency, the hearing officer shall request a county mental health professional or a qualified expert within the department to examine the offender and report upon the mental condition and competency of the offender to participate in the hearing.

     (2) Once the report is delivered to the hearing officer, the hearing shall be reconvened. Based on all evidence, including the competency evaluation, the hearing officer shall determine whether the offender is competent to participate in the hearing and shall determine the appropriate disposition.



[Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. 06-21-054, § 137-24-050, filed 10/13/06, effective 11/13/06.]