Henrickson v. State

The State seeks to commit both Donald Henrickson and Michael Halgren as sexually violent predators under chapter 71.09 RCW. This court has previously held that to commit an individual as a sexually violent predator, due process requires proof of a recent overt act “whenever an individual is not incarcerated at the time the petition is filed.” In re Personal Restraint of Young, 122 Wn.2d 1, 41, 857 P.2d 989 (1993). The Legislature codified this holding by amending the statute to require proof of a recent overt act when a person “has since been released from total confinement,” but not when a…