insanity and an order of commitment. The findings state that when Carney committed
the crime of arson in the first degree, he "was affected by mental disease or defect to
such an extent that he was unable to perceive the nature and quality of the act with
which he is charged and unable to tell right from wrong." The findings also state that
Carney "is a substantial danger to other persons" and presented a substantial likelihood
of committing acts jeopardizing public safety. The order of commitment remands
Carney "to the custody of [DSHS] for hospitalization at such place as shall be
designated for the care and treatment of the criminally insane."
The court advised Carney that he had the right to appeal the order of acquittal by
reason of insanity and order of commitment. Carney signed and acknowledged receipt
of the "Certificate of Compliance with Rule 7.1 (b) CrR Rule for Superior Court." The
certificate states that unless a written notice of appeal is filed within 30 days of entry of
No. 68168-1-1/4
the order of acquittal and commitment, "the right of appeal is irrevocably waived."
Carney did not file an appeal.
On November 17, 1987, the court entered an order of conditional release of
Carney to the community. His conditional release was subject to a number of
conditions. While on conditional release, Carney was hospitalized a number of times
"for inpatient treatment following episodes of psychiatric decompensation."1
In June 2005, Carney was hospitalized again after he "stopped taking his
medication and his behavior deteriorated rapidly." Following inpatient treatment, WSH
discharged Carney on September 11, 2007 to the Maple Creek Residential Facility.