2018 Revised Code of Washington
Title 71 - MENTAL ILLNESS
71.09 Sexually violent predators.
71.09.094 Conditional release to less restrictive alternative—Verdict.
RCW 71.09.094 Conditional release to less restrictive alternative—Verdict.
(1) Upon the conclusion of the evidence in a hearing held pursuant to RCW 71.09.090 or through summary judgment proceedings prior to such a hearing, if the court finds that there is no legally sufficient evidentiary basis for a reasonable jury to find that the conditions set forth in RCW 71.09.092 have been met, the court shall grant a motion by the state for a judgment as a matter of law on the issue of conditional release to a less restrictive alternative.
(2) Whenever the issue of conditional release to a less restrictive alternative is submitted to the jury, the court shall instruct the jury to return a verdict in substantially the following form: Has the state proved beyond a reasonable doubt that either: (a) The proposed less restrictive alternative is not in the best interests of respondent; or (b) does not include conditions that would adequately protect the community? Answer: Yes or No.
[ 2001 c 286 § 11; 1995 c 216 § 11.]
NOTES:
Recommendations—Application—Effective date—2001 c 286: See notes following RCW 71.09.015.
