In re the Detention of Brooks

Guy, J.*

In these consolidated cases Scott W. Brooks and Rudolph Franklin ask this court to determine whether either chapter 71.09 RCW (known as the sexually violent predator statute), as amended in 1995 and in 2001, or this court’s decision in In re Personal Restraint of Young, 122 Wn.2d 1, 857 P.2d 989 (1993), requires at the probable cause hearing and commitment trial consideration of less restrictive alternatives to total confinement. Brooks alone argues that chapter 71.09 RCW is unconstitutional because *279it allows the commitment of a person upon a showing short of what he claims is the…