Other LanguagesOLYMPIA — Attorney General Bob Ferguson’s proposal to close a loophole in the Sexually Violent Predator statute to prevent the release of offenders who have not been rehabilitated, passed the state Senate yesterday, 46 to 0.
The bill will address shortcomings in the current law by: (1) making any report or testimony offered by an expert on an offender’s behalf inadmissible unless the offender has participated in the state’s most recent annual review; and (2) defining treatment as the sex-offender specific treatment program at the Special Commitment Center.
The House of Representatives approved the legislation on March 6, 93 to 5.
“I am committed to protecting our communities from dangerous predators,” Ferguson said. “This bill gives our experts the tools they need to evaluate and treat sex offenders who pose a demonstrated threat if released.”
“During my work with Sharon and Wes Clizer, parents of a victim of a sexually violent predator, I’ve witnessed the emotional hardships victims and families face,” said Rep. Susan Fagan, sponsor of House Bill 1059. “We must enact serious reforms that will prevent dangerous offenders who have not received the appropriate treatment for their deviances from being prematurely released, and running the risk of them reoffending.”
“This bill is about making sure that some of our most dangerous sex offenders are not released from civil commitment while they still pose a danger to the public,” said Sen. Mike Padden, the chair of the Senate Law and Justice Committee and sponsor of the Senate version of the bill. “Only 37 percent of sexually violent predators choose to participate in treatment, and a growing number refuse to participate in annual psychiatric reviews. This measure seeks to change that by giving offenders the incentives they need to take part in treatment and regular evaluations.”
Washington’s Sexually Violent Predator law allows the Attorney General’s Office to petition for the civil commitment of violent sex offenders who, because of a mental abnormality and/or personality disorder, are proven likely to engage in predatory acts of sexual violence if released.
Under current law, once committed, some offenders refuse to participate in annual reviews administered by state forensic psychologists, which impairs the experts’ ability to make an accurate recommendation as to whether the individual still meets the criteria of a sexually violent predator.
Meanwhile, sexually violent predators can seek out their own hired-gun experts to testify on their behalf. This creates an imbalance in the system, increasing the risk that a sexually violent predator who has not been rehabilitated will be released.
The current law also lacks clarity on what constitutes treatment. Only 37 percent of civilly committed sex offenders participate in state treatment programs specifically designed to prevent reoffending.
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The Office of the Attorney General is the chief legal office for the State of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions. Attorney General Bob Ferguson is working hard to protect consumers and seniors against fraud, keep our communities safe, protect our environment and stand up for our veterans. Visit www.atg.wa.gov to learn more.
CONTACT:
Communications Director Peter Lavallee, (360) 586-0725, PeterL@atg.wa.gov