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eBook details

• Title: Mathers v. State
• Author : Washington Court of Appeals
• Release Date : January 31, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

John H. Mathers, involuntarily committed under the sexually violent predator statute, was scheduled, one year after commitment, for trial on the question of a less restrictive alternative to confinement. Neither the States expert nor Mathers expert recommended a less restrictive alternative. But Mathers expert did recommend that he receive treatment in the community while still confined at the Special Commitment Center (SCC). The trial court granted the States motion for summary judgment on the issue of a less restrictive alternative to confinement. On appeal, Mathers argues that summary judgment is not appropriate under RCW 71.09 and, even if it is, an issue of material fact exists as to whether Mathers plan is a less restrictive alternative to total confinement. The statute, however, allows only two alternatives to commitment, either conditional release to a less restrictive alternative or unconditional discharge. Because the alternative proposed by Mathers is not authorized by the statute, we affirm.

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