In Re Troy Belcher

The appropriateness of civil commitment of a person as a sexually violent predator whose only history occurred as a juvenile.

Court

Petition for Discretionary Review to WSSC from COA decision dated October 4, 2016 and order published on November 22, 2016.

Issue

Whether conduct as a juvenile as the basis for indefinite civil commitment under RCW 71.09 violates due process.

WACDL Amicus

It is undisputed that Mr. Belcher has not committed a sexually dangerous act as an adult, was confined in 2011 and faces continued deprivation of liberty under RCW 71.09 even after release from confinement. Because juvenile brains are not fully developed it violated due process to use juvenile offending, and nothing more, as a basis for detention under RCW 71.09. Due precess requires the state to produce evidence of adult sexual misconduct before an individual may be subjected to the protracted confinement of RCW 71.09.

WACDL Amicus Author

Amy Muth

Appellate Authors

Travis Stearns

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