Sexual predator center again in the courts

TACOMA -- With more than $1 million in fines hanging in the balance, state attorneys argued yesterday that Washington's center for sexual predators is finally in "substantial compliance" with a federal court order.

They asked U.S. District Judge William Dwyer to lift the injunction he slapped on the Special Commitment Center six years ago.

But lawyers for offenders being treated at the McNeil Island facility urged the judge to crack down on the Department of Social and Health Services.

"They're still not meeting the minimal standards," said one of the lawyers, Karen Jones.

A court-appointed expert concluded that the center has made "considerable progress" in separating itself from the prison next door and developing a "treatment-oriented environment."

In her 18th report to the court, special master Janice Marques concluded that the center is fully staffed and meeting a number of standards set by the court. It's close to meeting several others.

Marques, however, found significant problems in two areas: lack of a viable community-release program for offenders who have completed all seven phases of treatment; and inconsistent enforcement of policies, particularly when it comes to restraining and isolating unruly offenders.

"After 10 years, you should not have a situation in which a resident who has completed the residential phase of treatment has to wait while the state patches an after-care program together for him," she told the court in a prepared statement.

Testimony is expected to continue until tomorrow or Friday. Attorneys on both sides will then give closing arguments.

Dwyer is expected to take the matter under advisement and issue his decision in a couple weeks.

If he finds the state hasn't met the standards, he could impose whopping fines, which have been accruing at a rate of more than $38,000 a week since spring.

A year ago, Dwyer held the state in contempt of court. He castigated the SCC for inadequate mental health treatment, an oppressive environment and failing to follow through on previous court orders.

The center has been under an injunction to improve living conditions and provide meaningful therapy. The SCC indefinitely holds sex offenders deemed at high risk to reoffend after they've completed serving their prison sentences.

Washington's sex predator law, the Community Protection Act, was passed by the Legislature in 1990, but there still are no secure halfway houses in place to help ease the offenders back into society.

From a list of 11 potential sites, DSHS recently chose Walla Walla as the location for its first, three-resident halfway house. Public officials and residents in other cities being considered for the facility vehemently opposed the idea.

During testimony yesterday, lawyers for the offenders criticized the Walla Walla site, on the grounds of Washington State Penitentiary, for being too remote. They said it will be a hardship for families and too distant from therapists and consultants.

"It's not ideal," Marques said.

There are more than 130 sex offenders currently at the SCC. Violent sex predators are committed to the center by civil action after serving prison sentences if the courts believe they are still dangerous to the public.

Six are now considered rehabilitated enough to be placed in halfway houses, under 24-hour security.