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DETENTION OF HENRICKSON v. STATE

Nos. 67520-1, 67793-0.

2 P.3d 473 (2000)

140 Wash.2d 686

In re the DETENTION OF Donald HENRICKSON, Respondent, v. STATE of Washington, Petitioner. In re the Detention of Michael Allen Halgren, Respondent, v. State of Washington, Petitioner.

Supreme Court of Washington.

Decided May 18, 2000.

Reconsideration Denied July 20, 2000.

Attorney(s) appearing for the Case

Norm Maleng, King County Prosecutor, David J.W. Hackett, Deputy, Donald J. Porter, Deputy, Seattle, for Petitioner.

Christine Jackson, Shawn Crowley, and David Hirsch, Public Defenders, Seattle, for Respondents.

JOHNSON, J.

The State seeks to commit both Donald Henrickson and Michael Halgren as sexually violent predators under chapter 71.09 RCW. This court has previously held that to commit an individual as a sexually violent predator, due process requires proof of a recent overt act "whenever an individual is not incarcerated at the time the petition is filed." In re Personal Restraint of Young, 122 Wn.2d 1, 41,

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