Civil Commitment of Sexually Violent Predators. A sexually violent predator (SVP) is a person who has been convicted of, found not guilty by reason of insanity of, or found incompetent to stand trial for a crime of sexual violence, and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

Petitions for Civil Commitment. A county prosecuting attorney, or the attorney general if requested by the county prosecuting attorney, may petition for indefinite civil commitment of a person as an SVP when it appears that a person:

• convicted of a sexually violent offense, or found to have committed a sexually violent offense as a juvenile, is about to be released from total confinement;
• charged with a sexually violent offense, and determined to be incompetent to stand trial or found not guilty by reason of insanity, is about to be released or has been released; or
• convicted of a sexually violent offense has since been released from total confinement and committed a recent overt act.

Filing a petition for indefinite civil commitment triggers a probable cause determination, followed by a full evidentiary trial.  At trial, the state has the burden of proving beyond a reasonable doubt that the person is an SVP.  If found to be an SVP, the person is committed to the custody of the Department of Social and Health Services (DSHS) for control, care, and treatment at the Special Commitment Center on McNeil Island.

Determination of Whether to Petition for Civil Commitment. When it appears that a person may meet the criteria of an SVP, the agency with jurisdiction must make a referral and provide certain relevant information to the applicable county prosecuting attorney and the attorney general.  The county prosecuting attorney is authorized to obtain all records relating to the person if such records are deemed necessary to fulfill the county prosecuting attorney's duties.  The county prosecuting attorney is also authorized to utilize the inquiry judge procedures under state law to compel the production of any records necessary to determine whether to petition for indefinite civil commitment of the person as an SVP.  The attorney general may be granted the same authorizations if requested by the county prosecuting attorney.

Conditional Release to a Less Restrictive Alternative. DSHS must conduct an annual examination of the mental condition of each person civilly committed as an SVP to determine whether the person's condition has changed.  If an SVP's condition changes such that conditional release to a less restrictive alternative (LRA) is in the best interest of the person and conditions can be imposed that adequately protect the community, then DSHS must authorize the person to petition the court.  An SVP may also petition the court without DSHS's approval.  A petition for conditional release to an LRA must include a proposed placement plan with a residence, treatment plan, and other conditions.  The court must make certain findings before granting an SVP a conditional release to an LRA, including that the person will be under supervision of the Department of Corrections (DOC) and is willing to comply with supervision requirements.

Community Custody. Community custody is the portion of a person's criminal sentence served in the community under supervision of DOC following the person's release from confinement.  Courts are required to order community custody for persons convicted of certain offenses.  A person convicted of certain offenses may qualify for a special sentencing alternative, where the person receives a reduced or waived term of confinement and instead serves a longer term of community custody. 

A person in community custody is subject to conditions imposed by DOC and the court.  DOC may establish and modify the person's conditions of community custody based on risks to community safety, and issue an arrest warrant if the person violates those conditions.  A person who violates conditions of community custody may be subject to sanctions depending on the type of violation, the underlying offense, and other conditions.

Supervision Compliance Credit. A person may earn supervision compliance credit to reduce the period of time the person is required to serve in community custody.  Supervision compliance credit is awarded for complying with supervision terms and making progress towards the goals of an individualized supervision case plan, including:

• participating in specific targeted interventions, risk-related programming, or treatment; and
• completing steps towards specific, targeted goals that enhance protective factors and stability.

Certain persons do not qualify for supervision compliance credit.

Civil Commitment of Sexually Violent Predators. County prosecuting attorneys and the attorney general are authorized to utilize the inquiry judge procedures to compel the production of records relevant to, rather than necessary for, determining whether to petition for the civil commitment of a person as an SVP.  County prosecuting attorneys and the attorney general are also authorized to execute and serve civil investigative demands to any public agency that may be in possession, custody, or control of specified documentary material believed to be relevant to the determination of whether to seek the civil commitment of a person as an SVP, in order to compel the public agency served to produce such documentary material and permit inspection and copying.  Civil investigative demands:

• must state the relevant authorization for the demand, and further state that the demand is for the purpose of obtaining information to aid in a determination of whether to seek the civil commitment of a person;
• must describe the class of documentary material to be produced with reasonable specificity;
• must prescribe a date for compliance with the demand;
• must identify the members of the prosecuting agency's staff who will receive the requested documentary material;
• may not contain any requirement which would be unreasonable or improper if contained in other specified subpoenas; and
• may not require the disclosure of any documentary material which would be privileged or would not be required by other specified subpoenas.

Supervision Compliance Credit. A person may not earn supervision compliance credit on any cause served concurrently with an LRA subject to supervision by DOC.