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

Wash. Rev. Code § 71.09.015 (2026)

✓ current as of May 2026
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The legislature finds that presentation of evidence related to conditions of a less restrictive alternative that are beyond the authority of the court to order, and that would not exist in the absence of a court order, reduces the public respect for the rule of law and for the authority of the courts. Consequently, the legislature finds that the decision in In re the Detention of Casper Ross, 102 Wn. App 108 (2000), is contrary to the legislature's intent. The legislature hereby clarifies that it intends, and has always intended, in any proceeding under this chapter that the court and jury be presented only with conditions that would exist or that the court would have the authority to order in the absence of a finding that the person is a sexually violent predator.
[ 2001 c 286 s 1.]

Notes:

Recommendations—2001 c 286: "The department of social and health services shall, in consultation with interested stakeholders, develop recommendations for improving the procedures used to notify victims when a sexually violent predator is conditionally released to a less restrictive alternative under chapter 71.09 RCW, while at the same time maintaining the confidentiality of victim information." [ 2001 c 286 s 10.]
Application—2001 c 286: "This act applies to all individuals currently committed or awaiting commitment under chapter 71.09 RCW either on, before, or after May 14, 2001, whether confined in a secure facility or on conditional release." [ 2001 c 286 s 14.]
Effective date—2001 c 286: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2001]." [ 2001 c 286 s 15.]
Notes of Decisions
Cited in 8 cases, 2003–2010 · leading case: In re the Det. of Thorell, 72 P.3d 708 (Wash. 2003).
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In re the Det. of Thorell, 72 P.3d 708 (Wash. 2003). · cites it 2× “RCW 71.09.015; Laws of 2001, ch. 286, § 1.”
In Re Det. of Post, 241 P.3d 1234 (Wash. 2010). · cites it 2× “Under RCW 71.09.015, the legislature "clarifies that it intends, and has always intended, in any proceeding [relating to SVPs] that the court and jury be presented only with conditions that would exist or that the court would have the authority to order in the absence of a…”
In re the Det. of Post, 170 Wash. 2d 302 (Wash. 2010). · cites it 2× “Under RCW 71.09.015, the legislature “clarifies that it intends, and has always intended, in any proceeding [relating to SVPs] that the court and jury be presented only with conditions that would exist or that the court would have the authority to order in the absence of a…”
In Re Det. of Thorell, 72 P.3d 708 (Wash. 2003). · cites it 2× “092 [the annual LRA petition provision]." Laws of 2001, ch.”
In Re Det. of Post, 187 P.3d 803 (Wash. Ct. App. 2008). · cites it 2× “" RCW 71.09.015. In determining whether or not the person would be likely to engage in predatory acts of sexual violence if not confined in a secure facility, the fact finder may consider only placement conditions and voluntary treatment options that would exist for the person…”
In re the Det. of Post, 145 Wash. App. 728 (Wash. Ct. App. 2008). · cites it 2× “The legislature has expressly provided that a jury should be presented only with “conditions that would exist or that the court would have the authority to order in the absence of a finding that the person is a sexually violent predator.”
State v. Harris, 174 P.3d 1171 (Wash. Ct. App. 2007). · cites it 2× “*680 ¶18 But under RCW 71.09.015 and RCW 71.09.060(1), Harris could present only evidence concerning conditions that would actually exist if he was released from custody.”
State v. Harris, 174 P.3d 1171 (Wash. Ct. App. 2007). · cites it 2× “¶ 18 But under RCW 71.09.015 and RCW 71.09.060(1), Harris could only present evidence *1175 concerning conditions that would actually exist if he was released from custody.”
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.