In re the Detention of Nicholas
1999 WL 305229 (Wa. App. 2d)
Upon completion of Nicholas' term of confinement for assault with
sexual motivation, the state brought this action to have Nicholas
determined to be a sexually violent predator and to have him committed to
the custody of the Department of Social and Health Services until he was
"so changed that [Nicholas] is safe to be conditionally released to a less
restrictive alterative or unconditionally discharged." The trial court
ordered that Nicholas be so detained, and the appellate court affirmed.
The appellate court's opinion states in part:
"[Nicholas] is also developmentally disabled and may also suffer
from fetal alcohol syndrome. [Nicholas's] personality disorder and
developmental disability effect [sic] both his ability to control his
paraphilia and his ability to profit from treatment."
1999 WL 305229 at *3.