How do courts submit Mental Health Commitment orders to the National Instant Criminal Background System (NICS)?
Chapters 9.41 and 10.77 RCW requires that courts report commitments for mental health treatment, including competency restoration treatment, to the National Instant Criminal Background System (NICS) and Washington State Department of Licensing (DOL). The reporting must be completed within three judicial days following entry of the commitment order. The NICS Index is a database of persons prohibited from receiving firearms under the Brady Handgun Violence Prevention Act of 1993 (Public Law 103-159).
NICS requires that the data reported under this law be submitted electronically. They have a very strict data transmission format. Additionally, NICS requires that data be submitted through a central contact. For these reasons, the AOC developed the Firearms Reporting for Mental Health Commitments Web application. This Web application must be used by courts entering orders of commitment in order to satisfy the reporting requirements per statute.
Beginning in 2012, an additional data connection was set up to allow WA State Department of Licensing (DOL) to receive the same report as NICS, using this application.
Full instructions for using the Reporting Tool for Mental Health Commitments is at the bottom of this answer.
Firearms Reporting for Mental Health Commitments Web Application
In order to access the Firearms Reporting for Mental Health Commitments Web application, you must be signed into the Inside Courts website. It is located on both the Court Management page and the Reports page within Court Resources. The program will recognize the user's RACF ID and pre-fill the court name and ORI number within the application.
Detailed instructions for using the web application are available on the case entry page of the application on Inside Courts.
Superior Courts (includes cases involving juveniles)
Entry of any of the following orders requires submission of the notice to NICS for each case:
ORDT14 - ORDER OF DETENTION/14 DAY COMMITMENT
ORDL14 - ORDER OF DETENTION/14 DAY LESS RESTRICT ALTERNATIVE
***ORDT14C ORDER OF DET 14 DAY COMMITMENT MENTAL & SUB USE COMBINED
ORDT90 - ORDER OF DETENTION/90 DAY COMMITMENT
ORDL90 - ORDER OF DETENTION/90 DAY LESS RESTRICT ALTERNATIVE
***ORDT90C ORDER OF DET 90 DAY COMMITMENT MENTAL & SUB USE COMBINED
***ORDL90C ORDER OF DET 90 DAY LRA MENTAL & SUB USE DISORDER COMBINED
ORDT180- ORDER OF DETENTION/180DAY COMMITMENT
ORDL180- ORDER OF DETENTION/180DAY LESS RESTRICT ALTERNATIVE
***ORDT 18C ORDER OF DET 180 DAY COMMITMENT MENTAL & SUB USE COMBINED
***ORDL 18C ORDER OF DET 180 DAY LRA MENTAL & SUB USE DISORDER OCMBINED
ORDL1Y- ORDER OF DETENTION/1 YEAR LESS RESTRICT ALTERNATIVE
***ORDL1YC ORDER OF DET 1 YEAR LRA MENTAL & SUB USE DISORDER COMBINED
JDARI â JUDGMENT OF AQUITTAL BY REASON OF INSANITY
AOTL90 - ORDER OF DETENTION 90 DAY ASSISTED OUTPATIENT TREATMENT
***AOTL90C ORDER OF DET 90 DAY AOT MENTAL & SUB USE DISORDER COMBINED
AOTL180 - ORDER OF DETENTION 180 DAY ASSISTED OUTPATIENT TREATMENT
***AOT180C ORDER OF DET 180 DAY AOT MENTAL & SUB USE DISORDER COMBINED
NTIPF (Related to Mental Health Commitment for Treatment) - NOTICE OF INELIGIBILITY TO POSSESS FIREARMS
CROR - ORDER FOR COMPETENCY RESTORATION TREATMENT
ORDSMIN - ORDER OF DISMISSAL INCOMPETENCY WITH A FINDING OF PRIOR VIOLENT ACTS
CROPIP - ORDER INPATIENT COMPETENCY RESTORATION
CROROP - ORDER OUTPATIENT COMPETENCY RESTORATION
Full instructions for using the Reporting Tool for Mental Health Commitments is at the bottom of this answer.
NICS notification is also required for the following orders of commitment entered during competency proceedings in criminal cases:
- The court orders a defendant who is charged with a felony and has been determined to be incompetent to undergo evaluation and treatment for up to 90 days or for up to 45 days, which may be extended for an additional 90-day period. (This order would be part of the criminal proceedings.)
- For persons charged with a felony, at the hearing upon the expiration of the second restoration period or at the end of the first restoration period if the defendant has a developmental disability, if the court enters an order committing a defendant charged with a felony for up to six months when the criminal charges are not dismissed and the court or jury finds that (a) The defendant (i) is a substantial danger to other persons; or (ii) presents a substantial likelihood of committing criminal acts jeopardizing public safety or security; and (b) there is a substantial probability that the defendant will regain competency within a reasonable period of time. See RCW 10.77.086.
- For persons charged with a non-felony and charges are dismissed due to incompetency and a finding is made a person has a history of one or more violent acts.
District/Municipal Courts
- Entry of the Order of Commitment-Competency Restoration Treatment requires submission of the notice to NICS for each case. The Case Condition Code CRT - Order for Commitment - Competency Restoration Treatment must be entered on the case to have it be available for reporting in the web application.
- Entry of a finding of Not Guilty by Reason of Insanity - Finding/Judgment Code NS.
- Entry of a judgment of Dismissed due to incompetency with a finding of a history of prior violence acts. Finding/Judgment Codes of D, DW, or DO with a Dismissal Reason Code of DI.
NOTE: In order to open the report generated from this application, your computer must have the free Adobe Reader Version 7 or higher. Go to the Adobe Reader Downloads web page to download a newer version.
RN id: 2129