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WPI 365.37 Sexually Violent Predators—Verdict Form—Conditional Release—LRA

6A WAPRAC WPI 365.37Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 365.37 (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 365. Involuntary Treatment—Sexually Violent Predators
WPI 365.37 Sexually Violent Predators—Verdict Form—Conditional Release—LRA
(Insert case caption.)
We, the jury, answer the question submitted by the court as follows:
Has the State proved beyond a reasonable doubt that either:
(a) the proposed less restrictive alternative placement plan is not in the best interest of(name of respondent)
or
(b) the proposed less restrictive alternative placement plan does not include conditions that would adequately protect the community?
ANSWER: (Write “yes” or “no”)
(DIRECTION: Sign this verdict form and notify the bailiff.)
DATE:
Presiding Juror
NOTE ON USE
Use this verdict form in every conditional (LRA) release trial. This verdict form should be used with WPI 365.20 (Sexually Violent Predators—Concluding Instruction).
Use this form if the trial judge determines that juror unanimity is not required for individual propositions (a) and (b), i.e., that unanimity is required only for the composite question encompassing those propositions. If, however, the trial judge determines that jurors must be unanimous as to the individual propositions, then the verdict form will need to be modified. See discussion in the Comment.
COMMENT
RCW 71.09.094(2).
In an LRA trial, the State must prove at least one of two negative propositions: (a) that the less restrictive alternative plan proposed by the sexually violent predator is not in his or her best interest, or (b) that the plan does not include conditions to adequately protect the community. RCW 71.09.090; WPI 365.31 (Sexually Violent Predators—Conditional Release / Less Restrictive Alternative (LRA)—Elements).
The pattern instruction follows the statutory verdict form set forth in RCW 71.09.094. The Legislature's verdict form presumes that juror unanimity is not required for individual propositions (a) and (b), only for the composite question that encompasses the two propositions. Appellate courts, however, have not yet ruled on how the unanimity requirements apply to LRA release trials. Accordingly, if the judge in a particular case decides that juror unanimity is required for individual propositions, rather than merely for the composite question, then the verdict form would need to be modified to separate the two propositions and to provide for two separate answers. Juror unanimity is also discussed in the Comment to WPI 365.31 (Sexually Violent Predators—Conditional Release / Less Restrictive Alternative (LRA)—Elements). The concluding instruction, WPI 365.20 (Sexually Violent Predators—Concluding Instruction), would also need minor changes.
[Current as of October 2020.]
End of Document