In re the Detention of Albrecht

The statutory scheme for the civil commitment of an alleged sexual predator distinguishes between a person who is in confinement and a person who has been released from confinement into the community. In the latter instance, the State is required to allege and prove “a recent overt act.” This is the result of the holdings of the Washington State Supreme Court in In re Harris, 98 Wn.2d 276, 284-85, 654 P.2d 109 (1982) and In re Personal Restraint of Young, 122 Wn.2d 1, 41-42, 857 P.2d 989 (1993). These cases hold that constitutional due process requires proof of “dan*166gerousness” by a “recent…