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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II
STATE OF WASHINGTON, Respondent, v. C.B.,1 Appellant, Penoyar, C.J. -- The trial court found CB not guilty of custodial assault by reason of insanity and committed her to Western State Hospital. At the request of her treating psychiatrist, the superior court subsequently entered two orders--one on September 1, 2009, and another on March 9, 2010--authorizing the involuntary administration of antipsychotic medications to CB. In this appeal, CB argues that the March 9 order is invalid because chapter 10.77 RCW does not authorize the involuntary medication of criminally insane individuals in the custody of the Department of Social and Health Services.2 statutory authority, we affirm. Holding that RCW 10.77.120(1) provides this PUBLISHED OPINION No. 40558-0-II

1

Under RAP 3.4, this court changes the title of the case to the Appellant's initials. The ruling uses initials to protect the Appellant's rights to confidentiality.
2

We use the phrase "criminally insane" as a term of art to refer to individuals who are acquitted of their crimes by reason of insanity and committed to a state mental hospital under RCW 10.77.110(1).

40558-0-II

FACTS On April 26, 2007, CB, a mentally ill individual,3 assaulted three correctional officers at the Thurston County jail. The State charged her with three counts of custodial assault,4 and she entered a plea of not guilty by reason of insanity. The parties stipulated that CB met the legal definition of insanity at the time of the assaults. On March 13, 2008, the trial court entered a judgment of acquittal by reason of insanity and ordered CB to "be hospitalized and committed to a state mental hospital pursuant to the terms of RCW Chapter 10.77." Clerk's Papers (CP) at 16. On August 20, 2009, CB's psychiatrist at Western State Hospital, Dr. William Richie, petitioned the superior court for an order of involuntary treatment with antipsychotic medication. Dr. Richie's petition alleged that CB had stopped taking her medications because she thought they were unnecessary and made her gain weight. Dr. Richie stated that treatment with antipsychotic medication would reduce the likelihood that CB would harm herself or others. He concluded that she would continue to suffer a substantial deterioration in routine functioning resulting in serious harm if she did not receive such treatment.5 The Department moved for limited intervention in the proceeding based on its responsibility to provide "adequate care and individualized treatment" to criminally insane individuals in state institutions. See former RCW 10.77.120 (Laws of 2000, ch. 94,

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