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

Wash. Rev. Code § 71.09.050 (2026)

✓ current as of May 2026
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(1) Within forty-five days after the completion of any hearing held pursuant to RCW 71.09.040, the court shall conduct a trial to determine whether the person is a sexually violent predator. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and when the respondent will not be substantially prejudiced. The prosecuting agency shall have a right to a current evaluation of the person by experts chosen by the state. The judge may require the person to complete any or all of the following procedures or tests if requested by the evaluator: (a) A clinical interview; (b) psychological testing; (c) plethysmograph testing; and (d) polygraph testing. The judge may order the person to complete any other procedures and tests relevant to the evaluation. The state is responsible for the costs of the evaluation. At all stages of the proceedings under this chapter, any person subject to this chapter shall be entitled to the assistance of counsel, and if the person is indigent as defined in RCW 10.101.010, the court, as provided in RCW 10.101.020, shall appoint office of public defense contracted counsel to assist him or her. The person shall be confined in a secure facility for the duration of the trial.
(2) Whenever any indigent person is subjected to an evaluation under this chapter, the office of public defense is responsible for the cost of one expert or professional person to conduct an evaluation on the person's behalf. When the person wishes to be evaluated by a qualified expert or professional person of his or her own choice, the expert or professional person must be permitted to have reasonable access to the person for the purpose of such evaluation, as well as to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court shall, upon the person's request, assist the person in obtaining an expert or professional person to perform an evaluation or participate in the trial on the person's behalf. Nothing in this chapter precludes the person from paying for additional expert services at his or her own expense.
(3) The person, the prosecuting agency, or the judge shall have the right to demand that the trial be before a twelve-person jury. If no demand is made, the trial shall be before the court.
[ 2012 c 257 s 5; 2010 1st sp.s. c 28 s 1; 2009 c 409 s 5; 1995 c 216 s 5; 1990 c 3 s 1005.]

Notes:

Effective date—2012 c 257: See note following RCW 2.70.020.
Application—Effective date—2009 c 409: See notes following RCW 71.09.020.
Notes of Decisions
Cited in 86 cases (6 in the last 5 years), 1993–2026 · leading case: In re the Det. of Kistenmacher, 178 P.3d 949 (Wash. 2008).
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In re the Det. of Kistenmacher, 178 P.3d 949 (Wash. 2008). · cites it 19× “We concluded that the second grant of the right to counsel would be surplusage if the right to counsel granted by RCW 71.09.050 continued through every statutory stage.”
In re the Det. of Strand, 167 Wash. 2d 180 (Wash. 2009). · cites it 10× “” Black’s Law Dictionary 1324 (9th ed. 2009). Reading the statute in context, the phrase “stages of the proceedings” appears only in the section titled “Trial— Rights of parties.”
In Re Dependency of Grove, 897 P.2d 1252 (Wash. 1995). · cites it 12× “RCW 71.09.050. After the trial court found probable cause to believe Peterson was a sexually violent predator, the court ordered that he be transferred to a special commitment center for evaluation and further that he remain at that center until trial.”
In Re Det. of Strand, 217 P.3d 1159 (Wash. 2009). · cites it 10× “" RCW 71.09.050. We have previously held that this analysis leads to the conclusion that "stages of the proceedings" refers to " only three specific events set forth in the chapter that the legislature might have explicitly considered to be `proceedings' [:][f]irst, the probable…”
In Re The Det. Of: Donald Herrick, 393 P.3d 879 (Wash. Ct. App. 2017). · cites it 16× “Herrick fails to meet his burden of proving that RCW 71.09.050(1) is unconstitutional beyond a reasonable doubt.”
In Re Det. of Petersen, 980 P.2d 1204 (Wash. 1999). · cites it 6× “Second, Petersen notes RCW 71.09.050(1) provides, "At all stages of the proceedings under this chapter, any person subject to this chapter shall be entitled to the assistance of counsel.”
In re the Det. of Petersen, 138 Wash. 2d 70 (Wash. 1999). · cites it 6× “Second, Petersen notes RCW 71.09.050(1) provides, “At all stages of the proceedings under this chapter, any person subject to this chapter shall be entitled to the assistance of counsel.”
In re the Det. of Williams, 147 Wash. 2d 476 (Wash. 2002). · cites it 3× “Those issues include: (1) untimely appeal of the State’s CR 35 motion (Williams), (2) video deposition of the alleged sexually violent predator (Williams), (3) speedy trial under RCW 71.09.050 (Williams), and (4) discovery of Social Security records (Strong).”
In Re Det. of Williams, 55 P.3d 597 (Wash. 2002). · cites it 3× “Those issues include: (1) untimely appeal of the State's CR 35 motion (Williams); (2) video deposition of the alleged sexually violent predator (Williams); (3) speedy trial under RCW 71.09.050 (Williams); and (4) discovery of Social Security records (Strong).”
State v. Stout, 159 Wash. 2d 357 (Wash. 2007). · cites it 2× “RCW 71.09.050(1). An SVP detainee may request a jury of 12 peers.”
In Re Det. of Stout, 150 P.3d 86 (Wash. 2007). · cites it 2× “RCW 71.09.050(1). An SVP detainee may request a jury of 12 peers.”
McClatchey v. State, 133 Wash. 2d 1 (Wash. 1997). · cites it 7× “After a probable cause hearing, if the court determines that probable cause exists to hold a person as a sexually violent predator, then the person has a right to a commitment trial under RCW 71.09.050. RCW 71.09.050(1) provides that, within forty-five days after completion of…”
Show all 86 citing cases →
— Wash. Rev. Code § 71.09.050(1) — 45 cases
In re the Det. of Kistenmacher, 178 P.3d 949 (Wash. 2008). “We concluded that the second grant of the right to counsel would be surplusage if the right to counsel granted by RCW 71.09.050 continued through every statutory stage.”
In Re The Det. Of: Donald Herrick, 393 P.3d 879 (Wash. Ct. App. 2017). “Herrick fails to meet his burden of proving that RCW 71.09.050(1) is unconstitutional beyond a reasonable doubt.”
In re the Det. of Strand, 167 Wash. 2d 180 (Wash. 2009). “” Black’s Law Dictionary 1324 (9th ed. 2009). Reading the statute in context, the phrase “stages of the proceedings” appears only in the section titled “Trial— Rights of parties.”
In Re Det. of Strand, 217 P.3d 1159 (Wash. 2009). “" RCW 71.09.050. We have previously held that this analysis leads to the conclusion that "stages of the proceedings" refers to " only three specific events set forth in the chapter that the legislature might have explicitly considered to be `proceedings' [:][f]irst, the probable…”
In Re Det. of Petersen, 980 P.2d 1204 (Wash. 1999). “Second, Petersen notes RCW 71.09.050(1) provides, "At all stages of the proceedings under this chapter, any person subject to this chapter shall be entitled to the assistance of counsel.”
— Wash. Rev. Code § 71.09.050(1)(c) — 1 case
State v. Herrick (In Re Herrick), 412 P.3d 293 (Wash. 2018).
— Wash. Rev. Code § 71.09.050(2) — 7 cases
In re the Det. of West, 171 Wash. 2d 383 (Wash. 2011).
In Re Det. of West, 256 P.3d 302 (Wash. 2011).
In re the Det. of Marshall, 90 P.3d 1081 (Wash. Ct. App. 2004).
McClatchey v. State, 133 Wash. 2d 1 (Wash. 1997). “After a probable cause hearing, if the court determines that probable cause exists to hold a person as a sexually violent predator, then the person has a right to a commitment trial under RCW 71.09.050. RCW 71.09.050(1) provides that, within forty-five days after completion of…”
Matter of Det. of Mcclatchey, 940 P.2d 646 (Wash. 1997).
— Wash. Rev. Code § 71.09.050(3) — 22 cases
In re the Det. of Thorell, 72 P.3d 708 (Wash. 2003).
In re the Det. of Coppin, 157 Wash. App. 537 (Wash. Ct. App. 2010).
State v. Stout, 159 Wash. 2d 357 (Wash. 2007). “RCW 71.09.050(1). An SVP detainee may request a jury of 12 peers.”
In Re Det. of Stout, 150 P.3d 86 (Wash. 2007). “RCW 71.09.050(1). An SVP detainee may request a jury of 12 peers.”
In Re Det. of Coppin, 238 P.3d 1192 (Wash. Ct. App. 2010).
— Wash. Rev. Code § 71.09.050(3)(1995) — 1 case
In Re Det. of Coppin, 238 P.3d 1192 (Wash. Ct. App. 2010).
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