IN RE PERSONAL RESTRAINT PETITION OF McKAY

No. 54212-5-I.

110 P.3d 856 (2005)

In the Matter of the PERSONAL RESTRAINT PETITION OF Lorah L. McKAY, Petitioner.

Court of Appeals of Washington, Division 1.

April 25, 2005.


Attorney(s) appearing for the Case

Gregory Link, Washington Appellate Project, Seattle, WA, Lorah McKay, Steilacoom, WA, for Appellant.

Donna Mullen, Attorney General's Office, Olympia, WA, for Respondent.


ELLINGTON, A.C.J.

¶ 1 This personal restraint petition presents a single issue: the level of due process required in a custodial hearing for revocation of a drug offender sentencing alternative (DOSA). The State concedes that the liberty interest at stake in a DOSA revocation requires a preponderance standard of proof. We agree. We accept the State's concession, grant McKay's petition, and direct the Department of Corrections to employ a preponderance of the...

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