§ 71.09.094. 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.
Sections: Previous 71.09.050 71.09.060 71.09.070 71.09.080 71.09.085 71.09.090 71.09.092 71.09.094 71.09.096 71.09.098 71.09.110 71.09.112 71.09.115 71.09.120 71.09.130 Next
Last modified: April 7, 2009