In re the Detention of Capello

Ricardo Capello appeals the order determining there is probable cause to detain him for evaluation as a sexually violent predator. He argues that the hearing held pursuant to RCW 71.09.040(2) was not timely. Capello also argues that, by filing a petition to commit him as a sexually violent predator, the State breached its plea agreement with him because, if committed, he will be deprived of the community placement portion of his sentence.

We conclude that the Civil Rules apply to the computation of time under RCW 71.09.040(2), that the 72-hour period within which the hearing under that statute…