Involuntary Commitment of Sexually Violent Predators: Comparing State Laws

In 1990, the Washington State Legislature passed a new form of involuntary commitment for sex offenders identified as “sexually violent predators” (SVPs). This law permits the state to retain custody of individuals found by a judge or jury to pose risks for reoffending. Since Washington’s enactment, 16 other states have adopted similar laws. Texas requires outpatient treatment rather than confinement; Pennsylvania law pertains only to 20-year-olds “aging out” of the juvenile system.

This paper summarizes key features of the SVP laws, focusing on three questions:

• How many individuals have been held under these laws?
• How many have been released under some form of less restrictive alternative?
• What are the program costs?

Washington’s Dangerous Mentally Ill Offender Law: Was Community Safety Increased?

The 1999 Washington State Legislature passed Substitute Senate Bill 5011 to improve the process of identifying and providing additional mental health treatment for mentally ill offenders who are being released from the Department of Corrections (DOC), who pose a threat to public safety, and agree to participate in the program. A “Dangerous Mentally Ill Offender” (DMIO) is identified in the legislation as a person with a mental disorder who has been determined to be dangerous to self or others. The legislation also directs the Washington State Institute for Public Policy (Institute) and the Washington Institute for Mental Illness Research and Training (WIMIRT) to evaluate the Act to determine:

• Whether criminal recidivism or inpatient hospitalization was reduced;
• Whether mental health, drug/alcohol, case management, housing assistance, and other services were improved;
• Whether the risk assessment tool assessing dangerousness was valid; and
• Whether the state saved money because of early Medicaid enrollment or reduced use of DOC beds.

These outcomes were analyzed by comparing DMIO participants released from prison (DMIO participants) with a similar group of offenders from the Community Transition Study (CTS), who were released in 1996 and 1997. This study covers all offenders admitted to the program during its first two years, and who were followed in the community for 18 months after their release from prison. The DMIO program was designed to serve participants for five years after prison release; this evaluation covers the first 18 months of a 60-month program.

Correctional Industries Programs for Adult Offenders in Prison: Estimates of Benefits and Costs

In recent years, the Washington State Legislature has directed the Institute to identify evidence-based programs that can lower crime and give Washington taxpayers a good return on their money. The purpose of this short report is to update previously published findings pertaining to correctional industries programs for adult prisoners.

Washington's Drug Offender Sentencing Alternative: An Evaluation of Benefits and Costs

The Washington State legislature directed the Institute to evaluate whether the Drug Offender Sentencing Alternative (DOSA) influences recidivism rates and whether the benefits of DOSA outweigh the costs. We analyzed the effects of the legislation by comparing a group of offenders who received DOSA sentences with a similar group of offenders sentenced prior to the 1999 implementation date of DOSA. As described in the report, our overall finding is that DOSA is an effective criminal justice policy for drug offenders but neutral for drug-involved property offenders.

Impact and Effectiveness of Washington State's Current Sex Offender Sentencing Policies: Research Design

This report describes the research design for a legislatively directed study of Washington State's sex offender policies and programs.

Sentences for Adult Felons in Washington: Options to Address Prison Overcrowding – Part II (Recidivism Analyses)

The 2003 Washington State Legislature directed the Institute to analyze how sentences for adult felons affect the state’s prison population. Our task is to determine whether policy changes to Washington’s sentencing structure could reduce the growth in the prison population without jeopardizing public safety. Our findings are published in three parts. Part I, published in March 2004, reviewed the sentencing structure for Washington and examined the growth of the prison population. Part III will summarize the study’s findings. This report, Part II, examines the statistically estimated impact of imprisonment and sentence lengths on recidivism. That is, do offenders sentenced to prison, and those who receive longer prison sentences, recidivate more or less often than similar offenders not sentenced to prison or who receive shorter sentences? Can these policy levers be adjusted to reduce prison populations without adversely affecting public safety?

Sentences for Adult Felons in Washington: Options to Address Prison Overcrowding – Part I (Historical Trends).

The 2003 Washington State Legislature directed the Institute to determine if there are changes to Washington’s sentencing structure that could reduce the growth in the prison population, and its associated costs, without endangering public safety. Our findings will be published in two parts. In this report—Part I—we provide an overall context for the study by reviewing Washington’s sentencing system and examining the growth trends of the prison population. Part II of this study, which estimates the impact that prison sentences have on recidivism, was published in June 30, 2004.

Mentally Ill Misdemeanants: An Evaluation of Change in Public Safety Policy

The 1998 Legislature significantly revised public safety and treatment policies regarding mentally ill offenders charged with misdemeanors by extending the criminal competency restoration process to misdemeanant defendants, broadening the involuntary civil commitment process for both misdemeanor and felony offenders, and strengthening information sharing provisions of the law. The Legislature directed the Institute to evaluate the outcomes of competency restoration and involuntary civil commitment treatment under the new law. This study addresses whether the legislation influenced the process of competency evaluation and whether the main legislative objectives have been met.

Six-Year Follow-Up of Released Sex Offenders Recommended for Commitment Under Washington's Sexually Violent Predator Law, Where No Petition Was Filed

Washington was the first state to pass a civil commitment law for violent sex offenders; the law was part of the state's 1990 Community Protection Act. The Sexually Violent Predator statute permits the indefinite involuntary civil commitment of persons found in civil court to be sexually violent predators. This study examines the recidivism of 89 sex offenders released between July 1990 and July 1996 who were referred by the Department of Corrections as meeting the filing standards for civil commitment petitions, but for whom no petitions were filed. The study reveals that this group of individuals have a high pattern of recidivism.

Sentences for Adult Felons in Washington: Identifying Changes That Could Reduce Costs Without Endangering Public Safety - Interim Report

The 2003 Washington State Legislature directed the Institute to determine if there are changes to Washington’s sentencing structure that could reduce costs without endangering public safety. This interim report describes the research plan, as well as the steps taken as of December 2003.

The final report is available in two parts:
Part I: Historical Trends
Part II: Recidivism Analyses