S-3642.1 _______________________________________________
SENATE BILL 6405
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Senators Nelson and Skratek
Read first time 01/29/92. Referred to Committee on Law & Justice.
AN ACT Relating to civil commitment of sexually violent predators; and amending RCW 71.09.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 71.09.090 and 1990 c 3 s 1009 are each amended to read as follows:
(1) If
the secretary of the department of social and health services determines that
the person's mental abnormality or personality disorder has so changed that the
person is not likely to ((commit)) engage in predatory acts of
sexual violence if released, the secretary shall authorize the person to
petition the court for release. The petition shall be served upon the court
and the prosecuting attorney. The court, upon receipt of the petition for release,
shall within forty-five days order a hearing. The prosecuting attorney or the
attorney general, if requested by the county, shall represent the state, and
shall have the right to have the petitioner examined by an expert or
professional person of his or her choice. The hearing shall be before a jury
if demanded by either the petitioner or the prosecuting attorney or attorney
general. The burden of proof shall be upon the prosecuting attorney or
attorney general to show beyond a reasonable doubt that the petitioner's mental
abnormality or personality disorder remains such that the petitioner is not
safe to be at large and that if discharged is likely to ((commit)) engage
in predatory acts of sexual violence.
(2)
Nothing contained in this chapter shall prohibit the person from otherwise
petitioning the court for discharge without the secretary's approval. The
secretary shall provide the committed person with an annual written notice of
the person's right to petition the court for release over the secretary's
objection. The notice shall contain a waiver of rights. The secretary shall
forward the notice and waiver form to the court with the annual report. If the
person does not affirmatively waive the right to petition, the court shall set
a show cause hearing to determine whether facts exist that warrant a hearing on
whether the person's condition has so changed that he or she is safe to be at
large. The committed person shall have a right to have an attorney represent
him or her at the show cause hearing but the person is not entitled to be
present at the show cause hearing. If the court at the show cause hearing
determines that probable cause exists to believe that the person's mental
abnormality or personality disorder has so changed that the person is safe to
be at large and ((will)) is not likely to engage in predatory
acts of sexual violence if discharged, then the court shall set a hearing on
the issue. At the hearing, the committed person shall be entitled to be
present and to the benefit of all constitutional protections that were afforded
to the person at the initial commitment proceeding. The prosecuting attorney
or the attorney general if requested by the county shall represent the state
and shall have a right to a jury trial and to have the committed person
evaluated by experts chosen by the state. The committed person shall also have
the right to have experts evaluate him or her on his or her behalf and the
court shall appoint an expert if the person is indigent and requests an appointment.
The burden of proof at the hearing shall be upon the state to prove beyond a
reasonable doubt that the committed person's mental abnormality or personality
disorder remains such that the person is not safe to be at large and if
released ((will)) is likely to engage in predatory acts of
sexual violence.