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WPI 360.05.01 Likelihood of Repeating Similar Acts—Factors

6A WAPRAC WPI 360.05.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 360.05.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIX. Involuntary Treatment
Chapter 360. Behavioral Health Disorders
WPI 360.05.01 Likelihood of Repeating Similar Acts—Factors
In determining whether a person presents a substantial likelihood of repeating similar acts, you may consider the charged criminal behavior, the person's life history, the person's progress in treatment, and public safety, together with any other factors bearing on the question.
NOTE ON USE
This instruction should be given only when commitment is sought under the prong of RCW 71.05.320 involving respondent's incompetence to stand trial on acts constituting a felony. In such a case, the instruction should be used with WPI 360.05 (Behavioral Health Disorder—Involuntary Treatment—180 Days).
COMMENT
RCW 71.05.320.
For cases brought under RCW 71.05.320, involving a respondent's incompetence to stand trial on acts constituting a felony, the petitioner must show that the respondent “presents a substantial likelihood of repeating similar acts considering the charged criminal behavior, life history, progress in treatment, and the public safety.” RCW 71.05.320(4). Because the Legislature did not state that this list of factors is exclusive, and because other factors might also bear on the respondent's likelihood of repeating similar acts, the WPI Committee has phrased the instruction so as to allow consideration of other relevant factors.
[Current as of January 2021.]
End of Document