Scott Matson, Roxanne Lieb - October 2007

Nine states have statutes that authorize the confinement and treatment of highly dangerous sex offenders following completion of their criminal sentence: Arizona, California, Illinois, Kansas, Minnesota, New Jersey, North Dakota, Washington, and Wisconsin. These laws are commonly referred to as “sexual predator” laws. Other statutes authorize commitment and treatment for sex offenders as an alternative to sentencing. This paper reviews the four principle categories of civil commitment laws for dangerous sex offenders. Summaries of individual state statutes are also included.

Roxanne Lieb, Amber Royster, Matt Lemon - January 2013

Washington State law provides for indefinite civil commitment of persons found to meet criteria as sexually violent predators (SVPs). The Special Commitment Center (SCC) on McNeil Island houses persons who are detained and/or committed as SVPs. The Institute was directed to study several aspects of SCC. Major findings include:

Releases: As of CY 2012, 86 residents have been released from SCC.

Treatment: 37% of residents actively participate in sex offense treatment.

Annual Reviews: A survey of legal practitioners revealed concerns about the timeliness of reviews, with mixed reports regarding the quality.

Senior Clinical Team: SCC’s group of senior clinicians and managers plays a key role in residents’ treatment progression and decision-making regarding readiness for a less restrictive alternative. Some practitioners in the legal community expressed confusion and/or concern about the team’s role.

Less Restrictive Alternatives: Confinement at the state’s Secure Community Transition facilities costs significantly more than confinement at the main facility.

The report includes a response from the Special Commitment Center.

Revised on 1/28/2013 to modify Exhibits 1 and 17.

Lin Song, Roxanne Lieb, Sheila Donnelly - October 1993

This report reviews the literature regarding female sex offenders, and examines the characteristics of convicted female sex offenders in Washington State. Research literature indicates that the prevalence of sex offenses committed by females is relatively low, partly because of underreporting.

Christopher Murray - November 2012

In 2010, the Washington State Institute for Public Policy was directed to study the commitment of sexually violent predators to the Special Commitment Center. The study assignment concentrated on two topics: a population forecast, as well as issues related to treatment participation and less restrictive alternatives.

This first report of two examines the projected future demand for the Special Commitment Center. The second report, which will be published by the end of December 2012, examines residents’ participation in treatment, the annual review process, and the capacity and future demand for less restrictive alternatives.

Roxanne Lieb - December 1996

In 1990, Washington State enacted a law authorizing civil commitment of individuals found to be “sexually violent predators” at the end of their criminal sentence. This civil commitment law was part of an omnibus bill, the 1990 Community Protection Act. In order to increase the state’s knowledge about effective strategies with sex offenders, the legislature directed the Institute to evaluate this law’s effectiveness. This publication updates information on the implementation and background of sexual predator laws.

Cheryl Milloy - December 2003

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.

Jim Mayfield - April 2011

In 2007, the Washington State Department of Social and Health Services established the Thurston-Mason Children’s Mental Health Evidence-Based Practice Pilot Project (Pilot) to provide mental health services to children. The first evidence-based practice selected by the Pilot was Multisystemic Therapy (MST), an intensive family- and community-based treatment program for youth. Over a one-year follow-up period, the Institute examined criminal convictions of youth enrolled in the Pilot’s MST program. Compared to youth with similar criminal histories and demographic characteristics, MST youth were convicted of fewer crimes on average. Due to sample size, statistical significance was not attained in this evaluation of MST outcomes. The effect sizes observed, however, are within the expected range for MST according to other rigorous studies of that intervention and would likely return a net economic benefit to tax payers and crime victims.

Robert Barnoski - August 2002

The 1997 Washington State Legislature established a process to implement "research based" programs in Washington State's juvenile courts. The legislature has subsequently funded four specific programs. The state Juvenile Rehabilitation Administration oversees the funding process and provides statewide training to ensure faithful adherence to each program's design. The Washington State Institute for Public Policy was directed to evaluate the programs. This report briefly describes preliminary results (12-month follow-up period) for one of the programs, Functional Family Therapy (FFT). When the FFT model is delivered competently, the program reduces felony recidivism and saves more money than it costs. The key to cost-effectiveness, however, is an accurate means to distinguish between competent and incompetent therapists, and the report makes recommendations on this finding.

Mason Burley, Catherine Nicolai, Marna Miller - December 2015

Washington State’s Involuntary Treatment Act establishes a process under which individuals may be committed by the courts for mental health evaluation and treatment. An involuntary treatment detention may be initiated if an individual is determined by a designated official to be gravely disabled or poses a danger to self or others as a result of a mental illness.

The 2015 Washington State Legislature directed the Washington State Institute for Public Policy (WSIPP) to examine two aspects of Washington State's involuntary commitment process: the use of non-emergent petitions for initial detention and less restrictive alternative orders for outpatient treatment. Our findings are based on a review of available data and an online survey of legal and treatment professionals.

Kathy Gookin - August 2007

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.

This report updates the Institute’s 2005 study, “Involuntary Commitment of Sexually Violent Predators: Comparing State Laws,” and compares the now 20 states that have enacted or are planning to implement SVP laws. The 2005 report covered data through 2004; this report extends the timeframe through 2006 and includes information on the number of residents, discharges, and program costs.