The Special Commitment Center in the state of Washington is a post-sentence treatment institution, primarily located on McNeil Island. It is controversial in that it allows the involuntary commitment of people who have served their prison sentence. The center works towards treating the offender then releasing them under supervision back to the community.
The Special Commitment Center's sex offender specific treatment program is organized into phases. Each treatment phase builds on the resident's earlier work. In later phases, more intensive family counseling and other services are offered to prepare residents for movement into a community transition program. The higher the treatment Phase, the higher the expectation of sincere effort to change and understanding of diagnostic criteria, future risk, and past offending behaviors.
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Washington State's 1990 Community Protection Act allows indefinite, involuntary civil commitment of violent sexual offenders that meet certain criteria. The goal was to target "predators" that either directly target strangers or establish relationships specifically for the purpose of victimization. To be committed, an individual must be diagnosed with a disorder that is believed to make them likely to engage in violent, predatory sexual acts.[1]
The Special Commitment Center was established in April 1990 to manage those committed under the above act. In the beginning, the SCC managed only six people, but these numbers quickly grew at a rate of about 22 persons a year.[2] In late 2001, a temporary Secure Community Transition Facility was established in order to comply with legislation that allowed court-ordered conditional releases. In 2003, it was moved to its present permanent location in the North Complex on McNeil Island. In May 2004, in the same complex, the SCC opened a dedicated facility to house confined residents known as the Total Confinement Facility.[3]
Washington State's 1990 Community Protection Act was meant to address current limitations in involuntary commitment law and institutions.[4] The existing system was designed to handle short-term treatment of serious mental disorders with the intent on quickly returning individuals to the community.[4] The new law provides for long-term commitment of violent sexual offenders who meet the less stringent criteria of a personality disorder and/or mental abnormality which is believed to make them likely to offend again.[4] The law is unique in that allows for the commitment of people possessing a diagnosed DSM-IV: TR Axis II diagnosis (i.e., a personality disorder) and / or an Axis I diagnosis of a sexual nature (i.e. paraphilia), along with the judgment that the person poses a certain level of further risk to others. The traditional mental health requirement for involuntary commitment requires that the person suffer from acute symptoms of a diagnosed Axis I condition.
In 2001, the Washington State Supreme Court ruled that the rights of two residents were violated in that during their commitment proceedings, as they were not allowed to present evidence that a less restrictive treatment alternative would have been more effective than total confinement.[5] Since the decision, several residents in total confinement were allowed to move to private residences or halfway houses.[5]
Currently, residents of the Special Commitment Center only receive $1 to $3 per hour for work done while in the program. A lawsuit has been filed by one of the inmates contesting that as the Special Commitment Center is a civil treatment program, not a prison, residents should be guaranteed minimum wage under federal law.[6]
Prior to release from prison, Washington State law requires every sex offender to be reviewed by an End of Sentence Review Committee. The committee, chaired by the Department of Corrections, rates the offender on a scale from 1 to 3 on their likeliness to reoffend. This determines the level of supervision of the individual required after release. If the committee finds that the offender meets the legal definition of "sexually violent predator," they refer the case to the Special Commitment Center. The prosecutor's office that represents the county where the individual was convicted is then given the opportunity to petition for commitment to the center. The offender is kept at the SCC until a "probable cause" hearing is held. If the judge finds that there is probable cause, the individual is confined at the SCC indefinitely. Otherwise, they are released.[7]
Once committed, an individual has the right to an annual progress review by the court. A conditional release is granted only if it's found to be in the best interests of the individual and that conditions can be imposed that would adequately protect the community. To be released, the individual must be put under the care of a treatment provider that will provide regular updates to the court and be placed in housing that will notify authorities if the individual leaves without authorization.[7]
Located on McNeil Island, North Complex. Houses residents restricted to total confinement. Currently, the facility has beds for 228 men and 4 women. An adjacent building contains 80 beds for low maintenance residents. There are plans to increase capacity to 398 beds.[3]
Located on McNeil Island, North Complex. Houses residents who have received court-ordered conditional releases. Contains 24 beds.
Located in South Seattle. Houses residents who have received court-ordered conditional releases. Contains 6 beds.