Revised Code of Washington
Wash. Rev. Code § 71.06.040 (2026)
✓ current as of May 2026
Find cases:
SyfertCases citing this section
WA-LEGapp.leg.wa.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
At a preliminary hearing upon the charge of sexual psychopathy, the court may require the testimony of two duly licensed physicians, physician assistants, or psychiatric advanced registered nurse practitioners who have examined the defendant. If the court finds that there are reasonable grounds to believe the defendant is a sexual psychopath, the court shall order said defendant confined at the nearest state hospital for observation as to the existence of sexual psychopathy. Such observation shall be for a period of not to exceed ninety days. The defendant shall be detained in the county jail or other county facilities pending execution of such observation order by the department.
Notes of Decisions
Cited in 10
cases, 1978–1996 · leading case: In Re the Pers. Restraint of Knapp, 687 P.2d 1145 (Wash. 1984).
In Re the Pers. Restraint of Knapp, 687 P.2d 1145 (Wash. 1984). “See RCW 71.06.040. On July 31, 1980, the petitioner was returned to the court with a report from ESH that the petitioner was not a sexual psychopath.”
State v. King, 925 P.2d 606 (Wash. 1996). “RCW 71.06.040. Upon completion of the observation period used to determine whether a defendant is a sexual psychopath, the superintendent of the state hospital "shall return the defendant to the court, together with a written report of his findings as to whether or not the…”
State v. Huntzinger, 594 P.2d 917 (Wash. 1979). “RCW 71.06.040. Upon completion of the observation period, the superintendent of the hospital is required to return the defendant to the court together with a written report of his findings on the issue of sexual psychopathy giving the factual basis for his opinion.”
State v. Wilmoth, 589 P.2d 1270 (Wash. Ct. App. 1979). “Wil-moth committed to Western State Hospital for a 90-day period of observation as to the existence of sexual psychopathy pursuant to RCW 71.06.040. 1 At the September 16 hearing, Mr.”
State v. Bunich, 626 P.2d 47 (Wash. Ct. App. 1981). “As the result of a preliminary hearing, the court found reasonable grounds to believe that Bunich was a sexual psychopath and, in August 1979, ordered him confined to the state hospital for observation in accordance with RCW 71.06.040. In November 1979, at the end of the 90-day…”
State v. Edwards, 589 P.2d 1258 (Wash. Ct. App. 1979). “Based on a psychiatrist's report (and the defendant's waiver of the necessity for a second report pursuant to RCW 71.06.040) the court found reasonable grounds to believe Mr.”
State v. Daniels, 639 P.2d 880 (Wash. Ct. App. 1982). “That same day the court found that reasonable grounds existed to believe Daniels was a sexual psychopath and ordered him committed to Western State Hospital for 90 days' observation, pursuant to RCW 71.06.040. 1 Sentencing on the guilty plea conviction was postponed pending…”
In re the Pers. Restraint of Huffman, 662 P.2d 408 (Wash. Ct. App. 1983). “Then, on November 6, 1979, Judge Cunningham committed him for a 90-day evaluation of possible sexual psychopathy, RCW 71.06.040. The hospital staff found in January 1980 that he was a sexual psychopath and was amenable to treatment as such.”
State v. Huntzinger, 578 P.2d 85 (Wash. Ct. App. 1978). “The determination of reasonable grounds to commit the defendant for observation requires a discretionary judgment by the court as to the sufficiency of the alleged grounds.”
State v. King, 925 P.2d 606 (Wash. 1996). “Upon completion of the observation period used to determine whether a defendant is a sexual psychopath, the superintendent of the state hospital "shall return the defendant to the court, together with a written report of his findings as to whether or not the defendant is a…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.