Sexually Violent Predator Laws in Washington Understanding Civil Commitment

When someone finishes serving time for a sex offense, most assume they’ll be released back into the community. But in Washington State, certain individuals can be held beyond their criminal sentence through a legal process known as civil commitment. This process applies to those identified as Sexually Violent Predators (SVPs)—people who are considered a continued risk to public safety.

This article explains what it means to be classified as an SVP, how the civil commitment process works, and what individuals and families in Clark County and beyond should know if this process becomes part of their lives.

What Is a Sexually Violent Predator (SVP)?

Under Washington law, a person may be labeled an SVP if they:

  • Have been convicted of—or charged with—a sexually violent offense, and
  • Have a mental condition that makes them likely to commit similar acts in the future if not confined.

It’s important to understand that this isn’t a criminal sentence. Civil commitment is intended as a public safety measure that focuses on treatment rather than punishment.

The Civil Commitment Process in Washington

1. End of Sentence Review

Before someone’s scheduled release from prison, they are evaluated by the state’s End of Sentence Review Committee (ESRC). If the committee believes the individual poses a significant threat, it may recommend civil commitment.

2. Petition Filed in Superior Court

In many cases—including those originating in Clark County—a civil commitment petition is filed in Clark County Superior Court or the county where the original offense occurred. The petition is typically filed by the county prosecutor or the Attorney General.

3. Probable Cause Hearing

The court holds a hearing to decide whether there is probable cause to believe the individual meets the SVP criteria. If so, the person is held in custody until a full trial can take place.

4. Full Trial

The state must prove that the person is an SVP. This process includes expert testimony, evaluations, and legal arguments. The individual has the right to an attorney, a trial by jury (if requested), and to present their own evidence and witnesses.

5. Commitment to Treatment

If the person is found to be an SVP, they are committed to the Special Commitment Center (SCC) on McNeil Island. The SCC is a secure treatment facility that provides intensive mental health services with the goal of rehabilitation.

Annual Reviews and Less Restrictive Alternatives

Every year, individuals committed as SVPs have the right to an annual review hearing. During this hearing, the court evaluates whether the individual:

  • Still meets the criteria for confinement,
  • Should be transferred to a Less Restrictive Alternative (LRA), such as a supervised community facility, or
  • Should be unconditionally released if they no longer meet SVP standards.

These hearings are often held in the same county that issued the original commitment order—again, frequently involving Clark County courts when the underlying offense occurred there.

Civil commitment proceedings are complex, high-stakes, and emotionally intense. Whether you’re facing this process yourself or supporting a loved one through it, having experienced legal guidance is essential. From initial evaluations to annual reviews, every step involves critical legal rights that deserve strong advocacy.

At the Law Office of Erin Bradley McAleer, we understand the deep impact these cases can have—on individuals, families, and the community. We represent clients in Clark County and across Washington State, ensuring they receive fair treatment, personalized support, and informed legal defense.

If you need help navigating a civil commitment case in Clark County or anywhere in

Washington, don’t wait. Contact our office today for a confidential consultation.