In re the Detention of Rogers

A person civilly committed under the sexually violent predator statute is entitled to an annual review of his or her mental condition. Former RCW 71.09.070 (1995). The annual review must consider conditional release or a less restrictive alternative. And if the committed person so requests, the “court may appoint a qualified expert” to assist in the determination. Former RCW 71.09.070. Here, the court refused to appoint an expert for Keith Rogers’ annual review because the court believed that he had not shown any improvement from earlier evaluations. We conclude that the trial court abused…