In re Detention of Elmore

Summary

The Washington Supreme Court held that the 2005 amendment to the sexually violent predator statute did not apply retroactively because it changed prior case law and included an emergency clause. The court further held that Elmore established probable cause for a full evidentiary hearing concerning his continued confinement and remanded for that hearing, reversing the Court of Appeals.

Holdings

1. The 2005 amendment to the Sexually Violent Predator Act did not apply retroactively to Elmore because it changed the prior judicial construction of the statute in In re Detention of Young and included an emergency clause.
2. Elmore established probable cause to warrant a full evidentiary hearing concerning whether he continued to meet the definition of a sexually violent predator.
3. Once probable cause was established, Elmore was entitled to a full evidentiary hearing on the validity of his continued confinement, and the trial court erred by limiting the hearing to the issue of age.

Questions Presented

1. Whether the 2005 amendment to RCW 71.09.090 applied retroactively to Elmore's pending proceedings.
2. Whether Elmore presented sufficient evidence to establish probable cause for a full evidentiary hearing regarding his continued confinement as a sexually violent predator.
3. Whether the trial court improperly weighed conflicting expert opinions at the show cause hearing and improperly limited the evidentiary hearing to the issue of Elmore's age.

Disposition

reversed_and_remanded