After Hendricks: defining constitutional treatment for Washington State's Civil commitment program

Area of Science:

• Forensic Psychology
• Legal Psychology
• Public Policy

Background:

• Washington State enacted its sexually violent predator law in 1990.
• Fourteen other states have since adopted similar civil commitment laws for dangerous sexual offenders.
• Legal challenges have focused on the adequacy of treatment programs for committed individuals.

Purpose of the Study:

• To review court orders and special master reports concerning Washington's civil commitment treatment program.
• To detail the requirements established by the federal court for an adequate treatment program.
• To document the program's deficiencies and successes in meeting court mandates.

Main Methods:

• Analysis of 19 special master reports submitted to the federal district court over an eight-year period.
• Review of federal court orders related to the treatment program's deficiencies and injunctions.
• Examination of the oversight process by a court-appointed special master.

Main Results:

• The federal court placed Washington's program under injunction in 1994 due to deficiencies.
• A special master was appointed to oversee program improvements and reported on progress and shortcomings.
• As of 2003, the court continued to oversee the program, with significant fines threatened for non-compliance.

Conclusions:

• The court's intervention highlights ongoing challenges in providing adequate treatment for sexually violent predators.
• The special master's reports provide a detailed account of the legal and programmatic requirements for such treatment.
• Continued judicial oversight underscores the critical importance of effective treatment in civil commitment cases.