not groomed." Carney insisted he "does not have to move out of his current residence
although an eviction notice was given to him . . ., and believes that the director of his
current residence is against him." In the report to the court, the therapist and the
community program manager state that Carney was "showing signs of decompensation"
and "appears to have difficulty holding a reality-based conversation at this time."
On July 27, the WSH Risk Review Board recommended revocation of Carney's
conditional release. The report states Carney suffers from "Schizoaffective Disorder"
and moderate to severe chronic mental illness. The report identifies a number of risk
factors, including Carney's refusal to take his medication, deteriorating and threatening
behavior, and paranoia. The State filed a motion to revoke the order of conditional
release.
The court scheduled a revocation hearing for September 9. Carney filed a
motion to dismiss. Carney argued the court did not have jurisdiction to enter an order
revoking the conditional release. Carney relied on State v. Jones, 99 Wn.2d 735, 664
No. 68168-1-1/6
P.2d 1216 (1983), to argue the 1982 conviction and verdict of not guilty by reason of
insanity violated his constitutional rights.
The court denied the motion to dismiss. The court ruled Carney's collateral
attack of his 1982 conviction, acquittal by reason of insanity, and order of commitment
was time barred. The court found Carney violated the conditions of release, entered an
order revoking conditional release, and remanded Carney to DSHS to inpatient
treatment. Carney appeals.
ANALYSIS
Time Bar
Carney contends the court erred in ruling his collateral attack was time barred