71.09.094 - Conditional release to less restrictive alternative -- Verdict. - Washington Statutes

Conditional release to less restrictive alternative — Verdict.

(1) Upon the conclusion of the evidence in a hearing held pursuant to RCW 71.09.090 or through summary judgment proceedings prior to such a hearing, if the court finds that there is no legally sufficient evidentiary basis for a reasonable jury to find that the conditions set forth in RCW 71.09.092 have been met, the court shall grant a motion by the state for a judgment as a matter of law on the issue of conditional release to a less restrictive alternative.

     (2) Whenever the issue of conditional release to a less restrictive alternative is submitted to the jury, the court shall instruct the jury to return a verdict in substantially the following form: Has the state proved beyond a reasonable doubt that either: (a) The proposed less restrictive alternative is not in the best interests of respondent; or (b) does not include conditions that would adequately protect the community? Answer: Yes or No.

[2001 c 286 § 11; 1995 c 216 § 11.]

Notes: Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW 71.09.015.