In Re The Detention Of: Donald Herrick

¶1 Donald Herrick appeals a pretrial order compelling penile plethysmograph (PPG) and polygraph testing as part of a sexually violent predator (SVP) civil commitment evaluation. He argues that the statute granting trial courts discretion to compel PPG testing is unconstitutional on its face and particularly as applied to him. Herrick fails to meet his burden of proving that RCW 71.09.050(1) is unconstitutional beyond a reasonable doubt. Herrick also argues that RCW 71.09.050(1) was unconstitutionally amended in 2012 to permit the court to compel PPG testing in violation of the single subject…