Rep. Dick Muri’s bill to prevent the inappropriate early release of sexually violent predators approved by House
Rep. Dick Muri's bill to modify the review procedures for sexually violent predators (SVP) was approved unanimously by the Washington State House of Representatives Tuesday.
The bill was prompted by a recent Washington State Supreme Court case, In re the Detention of John Marcum, which potentially entitled SVPs a new unconditional release trial each time an annual review found a less restrictive placement, or conditional release, was appropriate.
Muri says this measure would significantly decrease the possibility of erroneously releasing SVPs into the community before they are clinically ready to leave treatment.
“Sexually violent predators are dangerous and their treatment is long-term,” said Muri, R-Steilacoom. “We cannot risk releasing these individuals too early into the community. The court's decision essentially means they would be entitled to a unconditional release trial even if the state shows they are likely to re-offend. It's ridiculous.”
Prior to the Marcum case, the state had a two-pronged burden to show that the individual continues to be an SVP, and that a conditional release is not appropriate. The state Supreme Court's Marcum decision found that even when the court shows the individual continues to be an SVP, if the annual review determines a conditional release is appropriate, then the state has failed to meet both burdens and the court may order an unconditional release trial.
Muri says this could result in 25 to 100 trials every year in which the state would relitigate the same issues, creating a significant financial and evidentiary burden on the courts. The lawmaker estimates additional court costs could be as high as $7 million. Muri's bill would return the system to the way it operated before the state Supreme Court's decision.
“Dangerous sex offenders should not be allowed to have multiple trials that could potentially release them into unsuspecting communities and left free to resume their attacks,” said Muri. “When it comes to the safety of our communities, it is critical we pass this bill.”
House Bill 2271 now moves to the Senate for further action.
