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.
Structure Revised Code of Washington
Chapter 71.09 - Sexually Violent Predators.
71.09.015 - Finding—Intent—Clarification.
71.09.025 - Notice to prosecuting attorney prior to release.
71.09.030 - Sexually violent predator petition—Filing.
71.09.050 - Trial—Rights of parties.
71.09.055 - Expert evaluations of indigent persons—Costs.
71.09.060 - Trial—Determination—Commitment procedures.
71.09.070 - Annual examinations of persons committed under chapter—Suspension of section.
71.09.080 - Rights of persons committed under this chapter—Use of personal computers regulated.
71.09.092 - Conditional release to less restrictive alternative—Findings.
71.09.094 - Conditional release to less restrictive alternative—Verdict.
71.09.096 - Conditional release to less restrictive alternative—Judgment—Conditions—Annual review.
71.09.110 - Department of social and health services—Duties—Reimbursement.
71.09.111 - Department of social and health services—Disclosures to the prosecuting agency.
71.09.115 - Record check required for employees of secure facility.
71.09.120 - Release of information authorized.
71.09.130 - Notice of escape or disappearance—Warrants—Liability.
71.09.135 - McNeil Island—Escape planning, response.
71.09.140 - Notice of conditional release or unconditional discharge—Notice of escape and recapture.
71.09.200 - Escorted leave—Definitions.
71.09.210 - Escorted leave—Conditions.
71.09.220 - Escorted leave—Notice.
71.09.230 - Escorted leave—Rules.
71.09.250 - Transition facility—Siting.
71.09.252 - Transition facilities—Agreements for regional facilities.
71.09.255 - Transition facilities—Incentive grants and payments.
71.09.260 - Transition facilities not limited to residential neighborhoods.
71.09.265 - Transition facilities—Distribution of impact.
71.09.275 - Transition facility—Transportation of residents.
71.09.280 - Transition facility—Release to less restrictive placement.
71.09.285 - Transition facility—Siting policy guidelines.
71.09.290 - Other transition facilities—Siting policy guidelines.
71.09.295 - Transition facilities—Security systems.
71.09.300 - Transition facilities—Staffing.
71.09.305 - Transition facility residents—Monitoring, escorting.
71.09.310 - Transition facility residents—Mandatory escorts.
71.09.315 - Transition facilities—Public notice, review, and comment.
71.09.320 - Transition facilities—Operational advisory boards.
71.09.325 - Transition facilities—Conditional release—Reports—Violations.
71.09.330 - Transition facilities—Contracted operation—Enforcement remedies.
71.09.335 - Conditional release from total confinement—Community notification.
71.09.340 - Conditionally released persons—Employment, educational notification.
71.09.341 - Transition facilities—Authority of department—Effect of local regulations.
71.09.343 - Transition facilities—Contract between state and local governments.
71.09.344 - Transition facilities—Mitigation agreements.
71.09.345 - Alternative placement—Authority of court.
71.09.350 - Examination and treatment only by certified providers—Exceptions.
71.09.370 - Residents in total confinement—State identification cards.
71.09.810 - Sex offender policy board—Quarterly meetings.
71.09.903 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.