RCW 71.09.094
184 words·~1 min read·
/wa/title-71/chapter-71-09/71-09-094·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 s 11 ; 1995 c 216 s 11 .]
Notes:
Recommendations — Application — Effective date — 2001 c 286: See notes following RCW 71.09.015 .