McClatchey v. State

— Phillip McClatchey wants dismissal of the State’s petition to commit him as a sexually violent predator under RCW 71.09. He challenges the statute on several grounds; but, because he has not yet been tried on the commitment petition, we find his challenge premature.

FACTS

In July 1992, the Pierce County Prosecutor filed a petition to commit McClatchey pursuant to RCW 71.09. A determination was made that probable cause exists to believe that McClatchey is a sexually violent predator, and he was sent to the Special Commitment Center at Monroe for *3evaluation. Although RCW 71.09.050(1) provides…