State v. Bergen

¶1 Robert Bergen appeals the trial court’s order denying him a less restrictive alternative (LRA) placement as a sexually violent predator (SVP). Bergen contends that by allowing the State to defeat a proposed LRA by showing that it is not in his “best interests,” RCW 71.09.090 violates his right to due process because it is not narrowly tailored to justify commitment of violent sex offenders. He also challenges as unconstitutionally vague the statutory requirements that an LRA be in the SVP’s “best interests” and “adequately protect the community.” He contends the trial court erred by…