Bill > SB6217

This bill aims to overturn a recent court decision (In re Det. of Marcum) that conflicts with the legislature's original intent for the review process of sexually violent predators committed under chapter 71.09 RCW. The key provisions of the bill are: 1. Clarifying that at a post-commitment show cause hearing, the court should consider two independent issues: whether the individual continues to meet the statutory criteria for being a sexually violent predator, and whether conditional release to a less restrictive alternative is appropriate. Lack of proof for one issue should not affect the finding on the other issue. 2. Specifying that if the state presents prima facie evidence that the committed person is still a sexually violent predator, an unconditional release trial may only be ordered if the committed person meets certain evidentiary requirements. Similarly, if the state presents prima facie evidence that a less restrictive alternative is not appropriate, a conditional release trial may only be ordered if the committed person meets additional evidentiary requirements. 3. Declaring the bill as curative and remedial, and applying it retroactively and prospectively to all petitions filed under chapter 71.09 RCW, in order to overturn the Marcum decision and restore the legislature's original intent for the review process.

Education

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=6217&year=2017