_______________________________________________
HOUSE
BILL 2905
_______________________________________________
Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1998 Regular Session
By
Read
first time 01/22/98. Referred to Committee on Children & Family Services.
Prohibiting placement of sexually violent predators in
state mental facilities.
AN
ACT Relating to placement of sexually violent predators by the department of
social and health services at state mental facilities; amending RCW 71.09.060;
and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
71.09.060 and 1995 c 216 s 6 are each amended to read as follows:
(1)
The court or jury shall determine whether, beyond a reasonable doubt, the
person is a sexually violent predator. When the determination is made by a
jury, the verdict must be unanimous.
If,
on the date that the petition is filed, the person was living in the community
after release from custody, the state must also prove beyond a reasonable doubt
that the person had committed a recent overt act. If the state alleges that
the prior sexually violent offense that forms the basis for the petition for commitment
was an act that was sexually motivated as provided in RCW 71.09.020(6)(c), the
state must prove beyond a reasonable doubt that the alleged sexually violent
act was sexually motivated as defined in RCW 9.94A.030. If the court or jury
determines that the person is a sexually violent predator, the person shall be
committed to the custody of the department of social and health services for
placement in a secure facility operated by the department of social and health
services for control, care, and treatment until such time as the person's
mental abnormality or personality disorder has so changed that the person is
safe either (a) to be at large, or (b) to be released to a less restrictive
alternative as set forth in RCW 71.09.092. If the court or jury is not
satisfied beyond a reasonable doubt that the person is a sexually violent
predator, the court shall direct the person's release.
(2)
If the person charged with a sexually violent offense has been found
incompetent to stand trial, and is about to or has been released pursuant to
RCW 10.77.090(3), and his or her commitment is sought pursuant to subsection
(1) of this section, the court shall first hear evidence and determine whether
the person did commit the act or acts charged if the court did not enter a
finding prior to dismissal under RCW 10.77.090(3) that the person committed the
act or acts charged. The hearing on this issue must comply with all the
procedures specified in this section. In addition, the rules of evidence
applicable in criminal cases shall apply, and all constitutional rights
available to defendants at criminal trials, other than the right not to be
tried while incompetent, shall apply. After hearing evidence on this issue,
the court shall make specific findings on whether the person did commit the act
or acts charged, the extent to which the person's incompetence or developmental
disability affected the outcome of the hearing, including its effect on the
person's ability to consult with and assist counsel and to testify on his or
her own behalf, the extent to which the evidence could be reconstructed without
the assistance of the person, and the strength of the prosecution's case. If,
after the conclusion of the hearing on this issue, the court finds, beyond a
reasonable doubt, that the person did commit the act or acts charged, it shall
enter a final order, appealable by the person, on that issue, and may proceed
to consider whether the person should be committed pursuant to this section.
(3)
The state shall comply with RCW 10.77.220 while confining the person pursuant
to this chapter, except that during all court proceedings the person shall be
detained in a secure facility. The ((facility)) department shall
not ((be located)) place the person, even temporarily, in a facility
on the grounds of any state mental facility or regional habilitation center
because these institutions are insufficiently secure for this population.
NEW
SECTION. Sec. 2. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
Passed the House February 13, 1998.
Passed the Senate March 6, 1998.
Approved by the Governor
March 25, 1998.
Filed
in Office of Secretary of State March 25, 1998.
