Oral Argument September 17, 2014
Appeal from King County Superior Court. Docket No: 04-1-05852-6. Judge signing: Honorable Gain Brian D. Judgment or order under review. Date filed: 01/11/2013.
Casey Grannis (of Nielsen Broman & Koch PLLC ), for appellant.
Daniel T. Satterberg, Prosecuting Attorney, and Alison M. Bogar, Deputy, for respondent.
Verellen, A.C.J. WE CONCUR: Dwyer, J., Schindler, J.
[184 Wn.App. 239] [¶1] As a matter of due process, an individual who is found not guilty by reason of insanity may be confined for treatment as long as he is both mentally ill and dangerous. Once the acquittee has been found mentally ill, his insanity is presumed to continue to exist. Because of this presumption, substantive due process does not require a renewed finding of mental illness in order to revoke an insanity acquittee's conditional release. Furthermore, procedural due process does not require such a finding at a revocation hearing primarily because alternative procedures provide acquittees with a meaningful opportunity to demonstrate sanity, thereby minimizing the risk of erroneous commitment. For these reasons, Rickey Beaver has not established that his due process rights were violated by the trial court's order revoking his conditional release without a finding that his mental illness continued to exist. Accordingly, we affirm.
[¶2] In August 2004, Beaver committed a residential burglary. In August 2005, the trial court entered a judgment of acquittal by reason of insanity pursuant to RCW 10.77.080, finding that Beaver was suffering from a mental disease or [184 Wn.App. 240] defect at the time he committed the offense. The trial court also found that Beaver was dangerous and ordered that he be detained in a state mental hospital.
[¶3] In July 2011, the trial court granted Beaver a conditional release pursuant to RCW 10.77.150. In 2012, the State sought to have Beaver's conditional release revoked because he violated release conditions. Instead of revoking Beaver's conditional release,
the trial court modified the conditions ...