What rights do mentally ill people have when facing criminal charges?

In Washington, mentally ill people facing criminal charges have certain legal rights. These rights can vary depending on the severity of the illness or disability and the complexity of the case. Mentally ill defendants have the right to have their mental health evaluated by a mental health professional. This evaluation helps to determine whether they are competent to stand trial, understand the charges they face, and have the ability to assist in their own defense. If the evaluation finds that the defendant is unable to do so, they will be found mentally incompetent to stand trial and their proceedings may be suspended. Mentally ill defendants charged with a crime in Washington have the right to a fair trial. This includes the right to competent counsel, the right to call witnesses on their behalf, and the right to remain silent. Judges may also determine that a defendant has the right to have medical or psychological recommendations taken into consideration in the sentencing phase of the case. In some cases a defendant may be exempt from criminal prosecution due to mental illness. A court may determine that the defendant is not guilty by reason of a mental disorder and can place the person into a treatment program. This allows the defendant to receive care and treatment rather than face criminal proceedings. Mentally ill defendants have the right to be treated with respect and dignity, and to receive mental health services and treatment in a humane manner. They also have the right to the same due process as any other citizen facing criminal charges in Washington.

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