Wash. Rev. Code » Title 71 · Chapter 71.09
Revised Code of Washington

Wash. Rev. Code § 71.09.010 (2026)

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✓ current as of May 2026
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The legislature finds that a small but extremely dangerous group of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for the existing involuntary treatment act, chapter 71.05 RCW, which is intended to be a short-term civil commitment system that is primarily designed to provide short-term treatment to individuals with serious mental disorders and then return them to the community. In contrast to persons appropriate for civil commitment under chapter 71.05 RCW, sexually violent predators generally have personality disorders and/or mental abnormalities which are unamenable to existing mental illness treatment modalities and those conditions render them likely to engage in sexually violent behavior. The legislature further finds that sex offenders' likelihood of engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment act, chapter 71.05 RCW, is inadequate to address the risk to reoffend because during confinement these offenders do not have access to potential victims and therefore they will not engage in an overt act during confinement as required by the involuntary treatment act for continued confinement. The legislature further finds that the prognosis for curing sexually violent offenders is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different than the traditional treatment modalities for people appropriate for commitment under the involuntary treatment act.
[ 2001 c 286 s 3; 1990 c 3 s 1001.]

Notes:

Recommendations—Application—Effective date—2001 c 286: See notes following RCW 71.09.015.
Notes of Decisions
Cited in 96 cases (4 in the last 5 years), 1993–2025 · leading case: Seling v. Young, 531 U.S. 250 (2001).
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Seling v. Young, 531 U.S. 250 (2001). · cites it 6× “Wash. Rev. Code § 71.09.010 et seq. (1992).”
In re the Det. of Morgan, 330 P.3d 774 (Wash. 2014). · cites it 5× “2d 989 (1993); see also RCW 71.09.010. The legislature found that “the exceptional risks posed by sexual predators, and the seemingly intractable nature of their illness, necessitates a specially tailored civil commitment approach.”
Kennedy v. Louisiana, 554 U.S. 407 (2008). · cites it 2× “2007); Wash. Rev.Code § 71.09.010 (West 1992 and Supp.”
United States v. Comstock, 560 U.S. 126 (2010). · cites it 2× “2009); Wash. Rev. Code §71.09.010 et seq. (2008); Wis.”
Young v. Weston, 898 F. Supp. 744 (W.D. Wash. 1995). · cites it 6× “Wash.Rev.Code § 71.09.010. A “sexually violent predator” is a person “who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual…”
State v. McCuistion, 275 P.3d 1092 (Wash. 2012). · cites it 2× “DISCUSSION ¶ 57 The SVP statute provides for the civil commitment of an individual who has been convicted of a crime of sexual violence and who suffers from a mental abnormality making him likely to reoffend.”
Carver v. Lehman, 558 F.3d 869 (9th Cir. 2009). · cites it 2× “” Wash. Rev. Code § 71.09.020 (16) (2006). An offender determined to be a sexually violent predator may be subject to civil commitment after his term of confinement.”
In Re Det. of Lewis, 177 P.3d 708 (Wash. 2008). · cites it 3× “05 RCW, is inadequate to address the risk to reoffend because during confinement these offenders do not have access to potential victims and therefore they will not engage in an overt act during confinement as required by the involuntary treatment act for continued confinement.”
In re the Det. of Lewis, 163 Wash. 2d 188 (Wash. 2008). · cites it 3× “RCW 71.09.010. Accordingly, under certain conditions, the statute allows the State to file an SVP petition without alleging a recent overt act.”
In re the Det. of Ward, 125 Wash. App. 381 (Wash. Ct. App. 2005). · cites it 3× “Because Ward presented prima facie evidence establishing he is not a danger to society, due process requires he receive a full trial on *390 whether he must remain committed as a sexually violent predator.”
In re the Det. of Thorell, 72 P.3d 708 (Wash. 2003). “RCW 71.09.010; Turay, 139 Wn.2d at 410-11 .”
In re the Care & Treatment of Hendricks, 912 P.2d 129 (Kan. 1996). · cites it 3× “The motion was denied, and the district court ordered that Hendricks be transported to Lamed State Security Hospital.”
Show all 96 citing cases →
— Wash. Rev. Code § 71.09.010(5) — 1 case
In Re Det. of Broten, 62 P.3d 514 (Wash. Ct. App. 2003).
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