Henrickson v. State

(dissenting) — We have previously held “proof of a recent overt act is necessary to satisfy due process concerns when an individual has been released into the community.” In re Personal Restraint of Young, 122 Wn.2d 1, 41, 857 P.2d 989 (1993) (citing In re Harris, 98 Wn.2d 276, 284, 654 P.2d 109 (1982)). To embody this constitutional requirement the Washington State Legislature subsequently amended the statute at issue to require proof of a recent overt act as a precondition to incarcerating “a person who at any time previously has been convicted of a sexually violent offense and has since…