The island where WA has confined hundreds for sexual violence: What to know

Washington has been releasing an increasing number of “sexually violent predators” from its treatment facility on McNeil Island, with little oversight. A Seattle Times investigation found that 1 in 4 people set free have been arrested for new crimes; 1 in 7 reoffended in a serious or violent manner.

Here are some facts about the Special Commitment Center on the island:

What is McNeil Island?

McNeil Island, nearly 7 square miles, is in south Puget Sound off Steilacoom. The Department of Social and Health Services runs the Special Commitment Center near the middle of the island. Other than ecological preservation and infrequent military exercises, the program is the island’s primary purpose.

A federal prison operated on the island for over a century – Charles Manson was among its detainees – before closing in the late 1970s. It was used by Washington to house state inmates before being shut down in 2011.

Who lives on McNeil Island?

People at the Special Commitment Center have been civilly committed under Washington law as “sexually violent predators.” Residents, mostly men, have been convicted of or charged with sexually violent crimes and have been found likely to reoffend if not securely detained.

Residents live in their own rooms – in buildings that look like a cross between a school and a prison – and are given the option to take sex offender treatment. They cannot leave, except for medical emergencies and other special circumstances, or after they successfully petition for release. They are committed for an indefinite period, unlike people involuntarily committed to Western State Hospital and other secure treatment facilities, where commitments can be as short as three days.

In 1990, Washington became the first state to detain people after their prison sentences based on their potential risk of committing another sexually violent offense.

How does someone get committed to McNeil Island?

To be committed to the island, a court must find “beyond a reasonable doubt” that a person meets the definition of a sexually violent predator. Under state law, this is defined as someone with a history of sexually violent crimes and an underlying personality disorder or “mental abnormality” who is believed to be “more likely than not” to reoffend if they are not detained.

The process begins when the state – the Office of the Attorney General in 38 counties, or the King County Prosecuting Attorney’s Office – petitions to have someone committed under the Community Protection Act. This law allows the state to identify a person for potential commitment either at the end of their prison sentence, just before they are released, or if someone already freed commits a “recent overt act,” defined as a behavior that is predatory and similar to their past behavior. For example, if someone who was convicted of sexually assaulting a child is released and then found loitering at a park or mall and approaching children, this could be considered a recent overt act.

Once the process begins, the person is arrested and admitted to the Special Commitment Center, where they will remain during their civil commitment trial. The state must then prove before a court or in a jury trial that the person is more likely than not to reoffend.

Some people are held on the island for months or even years before being committed. Even then, some are ultimately released without ever being committed because a judge or jury rules they don’t qualify as a sexually violent predator.

How does someone get off the island?

For years, people committed to McNeil Island rarely left. But then the state and courts began releasing residents at an increasing rate. Only one was unconditionally released in 2007. Starting in 2012, more residents began being released each year than were admitted.

Last year, the state released a record 68 people.

Each year, every person on the island is supposed to undergo an annual review in which a psychologist examines their history, behavior on the island, participation in treatment and whether they still meet the definition of a sexually violent predator. If the review finds that a person has “so changed” –due to treatment, illness or age – that they no longer meet the criteria, a court can order them to be released from the island unconditionally. This means they no longer receive state support or monitoring and can live anywhere they want, but they must register as a sex offender.

However, if an expert and then a judge determine that a person still needs to be under state supervision but could live in less restrictive conditions off the island without threatening public safety, and that it’s in the person’s best interest, they can be granted a “conditional” release to live in a supervised group home under a litany of conditions, including GPS monitoring. A person can still later be unconditionally released.

Do other states civilly commit people in a similar manner?

Following Washington, 19 states, the federal government and Washington, D.C., now have laws that allow people to be defined and indefinitely detained for sexual violence. The U.S. Supreme Court has affirmed the right for states to detain and treat people based on their risk of committing sexual violence. There are no national standards for such programs, according to Washington state officials, though most employ various sex offender treatment programs. As of 2020, there were 6,300 people detained in civil commitment programs nationally, according to a survey by the UCLA School of Law.