Therapeutic Jurisp & Sexual Predator Laws - Defense for SVP

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n155 See Stuart Scheingold et al., The Politics of Sexual Psychopathy: Washington State's SexualPredator Legislation, 15 U. Puget Sound L. Rev. 809 (1992).n156 See Brief for Appellant at 50-51, Young v. Weston, No. 98-35377 (9th Cir. 1999) (FinalReport Regarding SCC of Resident Advocate, Stanley Greenberg, Ph.D.).n157 See La Fond, supra note 96, 492-93 (1998) and sources cited therein.n158 See generally R. Karl Hanson, What Do We Know About Sex Offender Risk Assessment?, 4Psychol. Pub. Pol'y & L. 50 (1998).n159 See Judith V. Becker & William D. Murphy, What We Know and Do Not Know AboutAssessing and Treating Sex Offenders, 4 Psychol. Pub. Pol'y & L. 116 (1998); Grant T. Harris etal., Appraisal and Management of Risk In Sexual Aggressors: Implications for Criminal JusticePolicy, 4 Psychol. Pub. Pol'y & L. 73 (1998).n160 Id.n161 See La Fond, supra note 96.n162 See supra note 152 and accompanying text.n163 See Brief for Cross Petitioner [Leroy Hendricks] at 8, Kansas v. Hendricks, 521 U.S. 346(1996) (No. 951646, No. 95-9075).n164 See supra note 63 and accompanying text.n165 See Eleventh Report, supra note 111.n166 See Quinsey, Report, supra note 63, at 4-5.n167 The Washington predator law defines a "sexually violent predator" as any "person who hasbeen convicted of or charged with a crime of sexual violence and who suffers from a mentalabnormality or personality disorder which makes the person likely to engage in predatory acts ofsexual violence if the person is not confined in a secure facility." Wash. Rev. Code Ann. §71.09.020(1) (West 1992 & Supp. 1999) (emphasis added). If a jury were to determine that a sexoffender could be safely committed to outpatient status in Washington, it must find that he or sheis not a SVP. The Washington law does contemplate that someone committed to a secure facilityas an SVP may become eligible for placement as an outpatient in a less restrictive alternative. SeeWash. Rev. Code Ann. § 71.09.090(1) (West 1992 & Supp. 1999). However, each of theseplacements will be court-ordered and tailored for the individual. There is no halfway house orconditional release program operated out of the SCC to which SVPs will be committed ifappropriate.n168 See Wash. Rev. Code Ann. § 71.09.090(1) (West 1992 & Supp. 1999).n169 See supra note 152, at 7.n170 See Kansas v. Hendricks, 117 S. Ct. 2072, 2084 (1997).
n171 See, e.g., Briefs of the State of Washington, In re Young, 857 P.2d 989 (Wash. 1993) (Nos.57837-1, 578389).n172 See supra notes 16-34, 51-54 and accompanying text.n173 See supra notes 77-102 and accompanying text.n174 Brief for Cross Petitioner [Leroy Hendricks] at 6, Kansas v. Hendricks, 521 U.S. 346 (1996)(Nos. 95-1646, 95-9075) (emphasis added).n175 Id. at 7.n176 Greenberg Report, supra note 156 (emphasis added).n177 See La Fond, supra note 24; Scheingold et al., supra note 155.n178 See infra notes 224-27 and accompanying text.n179 See Winick, supra note 8.n180 See id. at 538-39.n181 See id.n182 See id.n183 Id. at 539.n184 See id. at 540-41.n185 Id. at 541. See also Robert M. Wettstein, A Psychiatric Perspective on Washington'sSexually Violent Predators Statute, 15 U. Puget Sound L. Rev. 597 (1992). Dr. Wettsteinconcludes that "treatment for sexual offending that begins man years after the underlying sexualoffense is relatively more difficult than that which occurs soon thereafter." Id. at 617. In hisopinion, delay allows cognitive distortions to become consolidated over time, making it moredifficult for the offender to accept responsibility for his earlier behavior. The passage of time alsocauses memory loss, which may already have been impaired initially because of intoxication.Objective recollection vital for successful treatment becomes even more difficult. See id.n186 See Winick, supra note 8.n187 See supra notes 52-54 and accompanying text.n188 See supra notes 77-99 and accompanying text.n189 Turay v. Weston, No. C91-664WD, at 3 (June 3, 1994) (Order and Injunction).
Page 3 and 4: This Article will demonstrate that
Page 5 and 6: In its findings, which were enacted
Page 7 and 8: esidents cannot use the SCC grievan
Page 9 and 10: In her reports, the special master
Page 11 and 12: shortly after the law went into eff
Page 13 and 14: The Kansas experience confirms that
Page 15 and 16: There is minimal trust between staf
Page 17 and 18: For example, to satisfy its concern
Page 19 and 20: TJ must develop a normative philoso
Page 21 and 22: n6 David B. Wexler, New Directions
Page 23 and 24: n34 See, e.g., Wash. Rev. Code § 7
Page 25 and 26: n58 See DSM-IV, supra note 30, at 6
Page 27 and 28: n82 See Thirteenth Report of the Sp
Page 29 and 30: n110 Eleventh Report of the Special
Page 31: commitment. See Wash. Rev. Code Ann
Page 35 and 36: and the bond formed between them. T
Page 37 and 38: in predatory acts of violence if no
Page 39 and 40: deprives one charged with a crime o
Page 41 and 42: Time of Request: Wednesday, July 04

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