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.