Civil Commitment Program

Background

Following the passage of the Community Protection Act of 1990, Washington became the first state to authorize the indefinite civil commitment of individuals deemed Sexually Violent Predators (SVP). Incarcerated individuals nearing the end of their prison sentences who are identified as potential SVPs are referred to the End of Sentence Review Committee (ESRC). The committee determines whether the individual meets the criteria for civil commitment and has a high likelihood to reoffend if released. The ESRC’s recommendation is then sent to the courts in the county where the incarcerated individual was convicted of their crime. A judge there makes the final decision about whether or not to civilly commit them.

Sexually Violent Predators are housed and treated at the Department of Social and Health Services’ Special Commitment Center on McNeil Island in Pierce County until a court again determines that they have demonstrated enough progress in treatment, no longer represent a significant threat to the community, and can be either unconditionally or conditionally released.

About

The Department of Corrections (DOC) Civil Commitment Program consists of two main programs: the Sexually Violent Predator Program and the Mental Health Hospital Liaison Program.

Sexually Violent Predator (SVP) Program

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The DOC Civil Commitment Program works in coordination with the courts, the Department of Social and Health Services (DSHS), and state-contracted treatment providers to support individuals subject to civil commitment under Chapter 71.09 RCW.

DOC is committed to public safety, individual dignity, and adherence to state law and policy in all aspects of Civil Commitment operations.

Individuals committed under Chapter 71.09 RCW are held in total confinement at the Special Commitment Center (SCC), operated by DSHS, until:

  • The person’s condition has so changed that they no longer meet the definition of an SVP and are unconditionally released by the court, or;
  • The court orders the person’s conditional release to a Less Restrictive Alternative (LRA).

In the context of RCW 71.09, an LRA is a conditional release to the community that is considered less restrictive than full confinement at the SCC. Under an LRA, an individual is supervised in the community by a DOC Corrections Specialist as part of a multidisciplinary Residential Community Transition Team (RCTT) consisting of a Sex Offender Treatment Provider and a representative of the SCC.

Residents who have been civilly committed by the court will receive an annual review by DSHS SCC evaluators. These evaluations may recommend LRA placement. The defense/prosecutor may also submit an evaluation from an outside evaluator to the court recommending an LRA conditional release.

SCC annual reviews are reviewed by their Senior Clinical Team before the CEO approves the request to the court. For more information about the DSHS SCC process, please visit their website at Special Commitment Center.

LRA – DOC Investigation

The court will request DOC to investigate an LRA placement before ordering a conditional release. The requirements for the investigation are outlined in RCW 71.09.096 (4)(a).

After the LRA investigation is submitted to the court, the defense/prosecutor will draft a court order with conditions and may request a condition review meeting with all the RCTT members.

The court ultimately reviews and approves the court order, residence, and conditions of release before the resident’s release to an LRA.

DOC – LRA Supervision

While civil commitment is not a criminal sentence, DOC plays a limited but essential role, including:

  • Supervision of court-ordered conditions consistent with DOC Policy 370.380.
  • Coordination with DSHS and treatment providers through the RCTT as ordered by the court.
  • Supporting transitions related to court hearings, evaluations, and placement changes.
  • 24-hour Global Positioning Systems (GPS) monitoring.

Frequently Asked Questions

What is civil commitment under RCW 71.09?

Civil commitment is a legal process that allows the state to detain and treat individuals who have been determined by a court to meet the statutory criteria of an SVP after completing their criminal sentence.

Is civil commitment a criminal sentence?

No. Civil commitment is a civil legal process focused on treatment and public safety, not punishment.

What is DOC’s role?

DOC’s role is limited to investigation, supervision, and compliance with court orders as outlined in DOC Policy 370.380. DOC does not provide treatment services.

Who provides treatment?

Treatment is provided by DSHS or contracted treatment providers.

Do individuals have legal rights while civilly committed?

Yes. Individuals retain legal rights, including access to legal counsel, court review, and statutory hearings as required by law.

Can civilly committed individuals petition for release or an LRA?

Yes. Chapter 71.09 RCW provides processes for annual reviews, petitions, and court consideration of conditional release or an LRA when appropriate.

What is DOC’s role in placing residents who are released from the SCC?

Before the court orders any kind of conditional release of an individual to an LRA, it first orders an investigation of the potential residence, specifically regarding the individual that is being considered for the residence. This investigation is done by DOC. A community corrections specialist then provides an investigative report to the court that includes a description of the land and property, and its distance from schools, churches, bus stops, grocery stores, alcohol and cannabis stores, bars and taverns, daycares, parks, and other public spaces of concern. This investigative report also includes DOC’s recommendations for any conditions or restrictions for the individual being released from a more restrictive setting. Upon completion, DOC files its report with the court.

The court then decides whether the placement is appropriate and determines the final conditions and restrictions of the individual’s release. These reports are very specific and detailed.

State agencies such as DOC do not approve or deny the placement. This is the job of the court. DOC’s role is to provide information to the court, including potential risk factors and recommended conditions.

What happens before a conditional LRA is ordered by the court?

The End of Sentence Review Committee (ESRC), made up of multi-agency stakeholders including law enforcement and mental health professionals, reviews the individual’s criminal history, medical and psychiatric history, and treatments received to determine the initial sex offender level. This recommendation is sent to the county sheriff’s office. The sheriff’s office decides whether to affirm or change that level.

How does DOC supervise these individuals once they are placed?

DOC relies on the court order to direct how the individual is supervised. The court imposes comprehensive and specific conditions. Individuals released on an LRA are required to be in contact with a DOC Community Corrections Specialist. Other conditions include:

  • Wearing an ankle bracelet continuously throughout the term of supervision. These GPS devices track the location of the resident at all times – 24 hours a day, seven days a week. If the individual goes out of bounds, an alert is triggered, and DOC is immediately notified. A Community Corrections Specialist is on call at all times to monitor and respond to any alerts.
  • Calling their Community Corrections Specialist when leaving from and arriving at any destination.
  • Following a strict curfew.
  • Having itineraries for travel pre-approved and including approved routes that are monitored by GPS in real-time.
  • Having all potential travel vetted and surveyed by DOC through the multi-agency transition team (community corrections officer, sex-offender treatment provider, mental health provider, housing provider, and DSHS staff).
  • Conducting face-to-face, in-person, home, and community visits.
  • Maintaining communication between DOC and the individual by phone.
  • Conducting random drug and alcohol tests.
  • Conducting periodic risk assessments of the LRA.
  • Clearly defining which contacts with individuals are prohibited, as well as approved contacts.
  • Approving all chaperones.

What does the data say about community safety?

In the three decades that LRAs have been in place, no resident has ever been charged with a sexual assault.

What happens if an individual violates the conditions of supervision?

There are usually upwards of 50 different conditions of supervision under an LRA. Each case is managed by an RCTT that includes a DOC Community Corrections Specialist. This team reviews and monitors the individual’s compliance and has several options when there is a violation, including:

  • Returning the individual to total confinement at the SCC.
  • Restricting the individual’s movement to specific areas of the community.
  • Prohibiting the individual from leaving the residence except for court-mandated trips (legal, medical, therapy).
  • Making changes to the individual’s treatment plan.
  • Increasing the use of chaperones while in the community.

The severity of the violation determines the level of response. For any violation that presents an imminent safety risk to the community, DOC will immediately return the residents to confinement regardless of whether the RCTT has been consulted.

Any time there is a violation of the court order, regardless of how severe, DOC provides a written report to the court outlining the behaviors and proposed remedy. The court decides whether the violation should result in a return to total confinement or modification of the court-ordered conditions.

What happens if a resident escapes?

RCW 71.09.130 speaks best to this. It can be viewed in its entirety online.

Escaping from an LRA is a felony offense. If a resident is found to have traveled outside of approved routes and cannot be contacted, the Community Corrections Specialist is notified in real-time. DOC and local law enforcement immediately begin to search for the resident. Additionally, the county prosecutor and the civil court prosecutor are notified immediately.

What is the average SVP LRA caseload per DOC Community Corrections Specialist?

The caseload varies depending on resources and the location of the residents residing in LRAs. Community Corrections Specialists who supervise these cases have much lower caseloads than standard supervision. There are a total of 13 specialists assigned across the state, monitoring 86 total residents.

How does DOC distribute Community Corrections Specialists?

Each individual DOC Community Corrections Specialist is assigned cases based on geography. This allows the specialist to be more responsive to the individual residents. For example, a Community Corrections Specialist who is assigned primarily to Pierce County may also supervise a case out of Thurston County.

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