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Bill > HB2271


WA HB2271

WA HB2271
Concerning the processes for reviewing sexually violent predators committed under chapter 71.09 RCW.


summary

Introduced
01/08/2018
In Committee
03/07/2018
Crossed Over
03/06/2018
Passed
03/08/2018
Dead
Signed/Enacted/Adopted
03/21/2018

Introduced Session

2017-2018 Regular Session

Bill Summary

AN ACT Relating to the processes for reviewing sexually violent1predators committed under chapter 71.09 RCW; amending RCW 71.09.090;2creating new sections; and declaring an emergency.3

AI Summary

This bill aims to overturn the court's decision in In re Det. of Marcum, which the legislature believes conflicts with its original intent in RCW 71.09.090. The bill clarifies that at a post-commitment show cause hearing, the court should consider two independent issues: whether the individual continues to meet the criteria for being a sexually violent predator, and whether conditional release to a less restrictive alternative is appropriate. The bill specifies that the state must only present prima facie evidence on these two issues, and the committed person bears the burden of producing evidence to overcome them. The bill also declares this act to be curative and remedial, applying retroactively and prospectively to all petitions filed under chapter 71.09 RCW.

Committee Categories

Budget and Finance, Justice

Sponsors (8)

Last Action

Effective date 3/21/2018. (on 03/21/2018)

bill text


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