Revised Code of Washington

Wash. Rev. Code § 71.09.025 (2026)

Notice to prosecuting attorney prior to release

✓ current as of May 2026

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(1)(a) When it appears that a person may meet the criteria of a sexually violent predator as defined in RCW 71.09.020, the agency with jurisdiction shall refer the person in writing to the prosecuting attorney of the county in which an action under this chapter may be filed pursuant to RCW 71.09.030 and the attorney general, three months prior to:

(i) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense;

(ii) The anticipated release from total confinement of a person found to have committed a sexually violent offense as a juvenile;

(iii) Release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to *RCW 10.77.645(7); or

(iv) Release of a person who has been found not guilty by reason of insanity of a sexually violent offense pursuant to *RCW 10.77.103 and 10.77.500.

(b) The agency shall provide the prosecuting agency with all relevant information including but not limited to the following information:

(i) A complete copy of the institutional records compiled by the department of corrections relating to the person, and any such out-of-state department of corrections' records, if available;

(ii) A complete copy, if applicable, of any file compiled by the indeterminate sentence review board relating to the person;

(iii) All records relating to the psychological or psychiatric evaluation and/or treatment of the person;

(iv) A current record of all prior arrests and convictions, and full police case reports relating to those arrests and convictions; and

(v) A current mental health evaluation or mental health records review.

(c) The prosecuting agency has the authority, consistent with RCW 72.09.345(4), to obtain all records relating to the person if the prosecuting agency deems such records are necessary to fulfill its duties under this chapter. The prosecuting agency may only disclose such records in the course of performing its duties pursuant to this chapter, unless otherwise authorized by law.

(d) The prosecuting agency has the authority to utilize the inquiry judge procedures of chapter 10.27 RCW prior to the filing of any action under this chapter to seek the issuance of compulsory process for the production of any records relevant to a determination of whether to seek the civil commitment of a person under this chapter. Any records obtained pursuant to this process may only be disclosed by the prosecuting agency in the course of performing its duties pursuant to this chapter, or unless otherwise authorized by law.

(e) The prosecuting agency has the authority to utilize the procedures under RCW 71.09.035 for the production of any records held by a public agency, including any agency as defined in RCW 42.56.010, relevant to a determination of whether to seek the civil commitment of a person under this chapter. Any records obtained pursuant to this process may only be disclosed by the prosecuting agency in the course of performing its duties pursuant to this chapter, or unless otherwise authorized by law.

(2) The agency, its employees, and officials shall be immune from liability for any good-faith conduct under this section.

(3) As used in this section, "agency with jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement and includes the department of corrections, the indeterminate sentence review board, and the department of social and health services.

[ 2025 c 48 s 1; 2023 c 453 s 26; 2009 c 409 s 2; 2008 c 213 s 11; 2001 c 286 s 5; 1995 c 216 s 2; 1992 c 45 s 3.]

Notes:

*Reviser's note: These RCW references have been corrected to reflect the reorganization of chapter 10.77 RCW by 2025 c 358 s 2.

Findings—2023 c 453: See note following RCW 10.77.400.

Application—Effective date—2009 c 409: See notes following RCW 71.09.020.

Recommendations—Application—Effective date—2001 c 286: See notes following RCW 71.09.015.

Severability—Application—1992 c 45: See notes following RCW 9.94A.840.

Notes of Decisions

Cited in 47 cases (3 in the last 5 years), 1993–2025 · leading case: In Re Det. of Strand, 217 P.3d 1159 (Wash. 2009).

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In Re Det. of Strand, 217 P.3d 1159 (Wash. 2009). · cites it 14× “RCW 71.09.025(1)(b) contains the pertinent statutory language: "The agency [with jurisdiction] shall provide the prosecuting agency with all relevant information including but not limited to the following information: .”

In re the Det. of Strand, 167 Wash. 2d 180 (Wash. 2009). · cites it 13× “RCW 71.09.025(l)(b) contains the pertinent statutory language: “The agency [with jurisdiction] shall provide the prosecuting agency with all relevant information including but not limited to the following information:.”

In re the Dependency of Q.L.M., 20 P.3d 465 (Wash. Ct. App. 2001). · cites it 17× “In so holding, the Court interpreted an earlier version of RCW 71.09.025 which did not *540 require release of treatment records.”

In Re Det. of Martin, 182 P.3d 951 (Wash. 2008). · cites it 5× “¶ 8 RCW 71.09.025 and RCW 71.09.030 establish the mandatory and exclusive procedure whereby a prosecuting attorney commences a sexually violent predator commitment proceeding.”

In re the Det. of Martin, 163 Wash. 2d 501 (Wash. 2008). · cites it 5× “*507 ¶8 RCW 71.09.025 and RCW 71.09.030 establish the mandatory and exclusive procedure whereby a prosecuting attorney commences a sexually violent predator commitment proceeding.”

In re the Det. of Williams, 147 Wash. 2d 476 (Wash. 2002). · cites it 2× “RCW 71.09.025(l)(a). The agency is to provide the prosecutor with all relevant information, including all records relating to the psychological or psychiatric evaluation and/or treatment of the person and a current mental health evaluation or mental health records review.”

In Re Det. of Williams, 55 P.3d 597 (Wash. 2002). · cites it 2× “The agency is to provide the prosecutor with all relevant information, including all records relating to the psychological or psychiatric evaluation and/or treatment of the person and a current mental health evaluation or mental health records review.”

In Re Det. of Lewis, 177 P.3d 708 (Wash. 2008). · cites it 3× “¶ 17 Lewis also suggests that the petition was improper because the circumstances of his incarceration did not trigger the notice provisions set forth in RCW 71.09.025. [5] However, this argument lacks relevance to the application of the filing statute, RCW 71.”

In re the Det. of Lewis, 163 Wash. 2d 188 (Wash. 2008). · cites it 3× “¶17 Lewis also suggests that the petition was improper because the circumstances of his incarceration did not *196 trigger the notice provisions set forth in RCW 71.09.025. 5 However, this argument lacks relevance to the application of the filing statute, RCW 71.”

King v. Riveland, 886 P.2d 160 (Wash. 1994). · cites it 2× “151 and RCW 71.09.025. Both statutes provide that when it appears that a person may meet the criteria of a sexually violent predator, the *510 agency with jurisdiction over that inmate shall refer that person in writing to the prosecuting attorney of the county where that person…”

In re the Pers. Restraint of Dutcher, 60 P.3d 635 (Wash. Ct. App. 2002). · cites it 2× “DOC contends that RCW 71.09.025(1) “appears to prevent” a referral from occurring earlier.”

In re the Det. of West, 171 Wash. 2d 383 (Wash. 2011). · cites it 2× “Among the required information is “[a] current mental health evaluation or mental health records review.” RCW 71.09.025(l)(b)(v).”

Show all 47 citing cases →

— Wash. Rev. Code § 71.09.025(1) — 6 cases

In re the Pers. Restraint of Dutcher, 60 P.3d 635 (Wash. Ct. App. 2002). “DOC contends that RCW 71.09.025(1) “appears to prevent” a referral from occurring earlier.”

In Re Dutcher, 60 P.3d 635 (Wash. Ct. App. 2002).

Pers. Restraint Petition Of Manuel Parejo, 428 P.3d 130 (Wash. Ct. App. 2018).

In re the Det. of Meints, 123 Wash. App. 99 (Wash. Ct. App. 2004).

McReynolds v. State of Washington (W.D. Wash. 2020).

— Wash. Rev. Code § 71.09.025(1)(a) — 10 cases

In Re Det. of Martin, 182 P.3d 951 (Wash. 2008). “¶ 8 RCW 71.09.025 and RCW 71.09.030 establish the mandatory and exclusive procedure whereby a prosecuting attorney commences a sexually violent predator commitment proceeding.”

In Re Det. of Williams, 55 P.3d 597 (Wash. 2002). “The agency is to provide the prosecutor with all relevant information, including all records relating to the psychological or psychiatric evaluation and/or treatment of the person and a current mental health evaluation or mental health records review.”

In Re Pers. Restraint Petition of Liptrap, 111 P.3d 1227 (Wash. Ct. App. 2005).

In Re Det. of Smith, 122 P.3d 736 (Wash. Ct. App. 2005).

Capello v. State, 60 P.3d 620 (Wash. Ct. App. 2002).

— Wash. Rev. Code § 71.09.025(1)(a)(i) — 4 cases

In Re Det. of Lewis, 177 P.3d 708 (Wash. 2008). “¶ 17 Lewis also suggests that the petition was improper because the circumstances of his incarceration did not trigger the notice provisions set forth in RCW 71.09.025. [5] However, this argument lacks relevance to the application of the filing statute, RCW 71.”

In Re Det. of Smith, 122 P.3d 736 (Wash. Ct. App. 2005).

Pers. Restraint Petition Of Manuel Parejo, 428 P.3d 130 (Wash. Ct. App. 2018).

Pers. Restraint Petition Of: James Christopher Day (Wash. Ct. App. 2025).

— Wash. Rev. Code § 71.09.025(1)(a)(ii) — 2 cases

In re the Det. of Anderson, 368 P.3d 162 (Wash. 2016).

In re Det. of Anderson (Wash. 2016).

— Wash. Rev. Code § 71.09.025(1)(b) — 7 cases

In Re Det. of Strand, 217 P.3d 1159 (Wash. 2009). “RCW 71.09.025(1)(b) contains the pertinent statutory language: "The agency [with jurisdiction] shall provide the prosecuting agency with all relevant information including but not limited to the following information: .”

Pers. Restraint Petition Of Manuel Parejo, 428 P.3d 130 (Wash. Ct. App. 2018).

McReynolds v. State of Washington (W.D. Wash. 2019).

McReynolds v. State of Washington (W.D. Wash. 2020).

— Wash. Rev. Code § 71.09.025(1)(b)(iii) — 1 case

— Wash. Rev. Code § 71.09.025(1)(b)(v) — 3 cases

In Re Det. of West, 256 P.3d 302 (Wash. 2011).

Pers. Restraint Petition Of: James Christopher Day (Wash. Ct. App. 2025).

— Wash. Rev. Code § 71.09.025(1)(i) — 1 case

In Re Dutcher, 60 P.3d 635 (Wash. Ct. App. 2002).

— Wash. Rev. Code § 71.09.025(2) — 3 cases

McReynolds v. State of Washington (W.D. Wash. 2019).

McReynolds v. State of Washington (W.D. Wash. 2020).

McReynolds v. State of Washington (W.D. Wash. 2021).

— Wash. Rev. Code § 71.09.025(3) — 2 cases

Pers. Restraint Petition Of Manuel Parejo, 428 P.3d 130 (Wash. Ct. App. 2018).

Pers. Restraint Petition Of: James Christopher Day (Wash. Ct. App. 2025).

— Wash. Rev. Code § 71.09.025(4) — 6 cases

In re the Det. of Martin, 163 Wash. 2d 501 (Wash. 2008). “*507 ¶8 RCW 71.09.025 and RCW 71.09.030 establish the mandatory and exclusive procedure whereby a prosecuting attorney commences a sexually violent predator commitment proceeding.”

In re the Dependency of Q.L.M., 20 P.3d 465 (Wash. Ct. App. 2001). “In so holding, the Court interpreted an earlier version of RCW 71.09.025 which did not *540 require release of treatment records.”

In Re Det. of Smith, 122 P.3d 736 (Wash. Ct. App. 2005).

State v. Smith, 122 P.3d 736 (Wash. Ct. App. 2005).

— Wash. Rev. Code § 71.09.025(b)(iii) — 2 cases

Dependency of QLM v. DSHS, 20 P.3d 465 (Wash. Ct. App. 2001).

— Wash. Rev. Code § 71.09.025(l)(a) — 5 cases

In re the Det. of Williams, 147 Wash. 2d 476 (Wash. 2002). “RCW 71.09.025(l)(a). The agency is to provide the prosecutor with all relevant information, including all records relating to the psychological or psychiatric evaluation and/or treatment of the person and a current mental health evaluation or mental health records review.”

In re the Pers. Restraint of Liptrap, 127 Wash. App. 463 (Wash. Ct. App. 2005).

In re the Det. of Lewis, 163 Wash. 2d 188 (Wash. 2008). “¶17 Lewis also suggests that the petition was improper because the circumstances of his incarceration did not *196 trigger the notice provisions set forth in RCW 71.09.025. 5 However, this argument lacks relevance to the application of the filing statute, RCW 71.”

In re the Det. of Capello, 60 P.3d 620 (Wash. Ct. App. 2002).

— Wash. Rev. Code § 71.09.025(l)(a)(i) — 2 cases

In re the Pers. Restraint of Dutcher, 60 P.3d 635 (Wash. Ct. App. 2002). “DOC contends that RCW 71.09.025(1) “appears to prevent” a referral from occurring earlier.”

State v. Smith, 122 P.3d 736 (Wash. Ct. App. 2005).

— Wash. Rev. Code § 71.09.025(l)(b) — 4 cases

In re the Det. of Strand, 167 Wash. 2d 180 (Wash. 2009). “RCW 71.09.025(l)(b) contains the pertinent statutory language: “The agency [with jurisdiction] shall provide the prosecuting agency with all relevant information including but not limited to the following information:.”

King v. Riveland, 886 P.2d 160 (Wash. 1994). “151 and RCW 71.09.025. Both statutes provide that when it appears that a person may meet the criteria of a sexually violent predator, the *510 agency with jurisdiction over that inmate shall refer that person in writing to the prosecuting attorney of the county where that person…”

In re the Det. of Marshall, 90 P.3d 1081 (Wash. Ct. App. 2004).

— Wash. Rev. Code § 71.09.025(l)(b)(iii) — 1 case

— Wash. Rev. Code § 71.09.025(l)(b)(v) — 2 cases

In re the Det. of West, 171 Wash. 2d 383 (Wash. 2011). “Among the required information is “[a] current mental health evaluation or mental health records review.” RCW 71.09.025(l)(b)(v).”

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