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IN RE ALBRECHT

No. 71214-0.

51 P.3d 73 (2002)

147 Wash.2d 1

In re the Detention of Robin G. ALBRECHT, Respondent.

Supreme Court of Washington, En Banc.

Decided August 1, 2002.

Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, Todd Bowers, Assistant Attorney General, for Petitioner.

Susan Gasch, Spokane, for Respondent.

CHAMBERS, J.

We are asked to determine whether the State must allege a recent overt act in order to commit an offender as a sexually violent predator when the offender has been released from total confinement into the community and then returned to total confinement. We conclude that after a person has been released into the community, due process would be subverted by failing to require proof of a recent overt act.

FACTS

Robin G. Albrecht has a...

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