Case Citator › Matter of Personal Restraint of Young

Matter of Personal Restraint of Young

Is it still good law? What later courts have actually done to this case.

Superseded by statute
Court
Supreme Court of Washington
Citation
857 P.2d 989
Decided
Confirmed treatments
1
Flagged citations read
35 of 35
Citing cases (total)
35
Treatment dates
2003

Status

Superseded by statute
A reviewed court treats this case as superseded by later legislation. Matter of Personal Restraint of Young remains controlling on many constitutional questions, but a later Washington statute displaced its requirement to consider less restrictive alternatives at initial commitment. The Washington Supreme Court confirmed that change in In re Detention of Thorell, listed below.
More on how this was screened

All 35 flagged citations have been read; the later opinions continued to apply Young's holding that sexually violent predator proceedings are civil.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

35 later cases cite Matter of Personal Restraint of Young; 35 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Superseded by statute

  • After the legislature amended the sexually violent predator law, the Washington Supreme Court upheld deferring consideration of less restrictive alternatives until the first annual review, displacing Young's initial-commitment requirement.

    In re Detention of Thorell · Supreme Court of Washington · filed

    We held "equal protection requires the State to comply with provisions of RCW 71.05 as related to the consideration of less restrictive alternatives." In re Young, 122 Wash.2d at 47, 857 P.2d 989. ... In 1995, after *721 our decision in Young, the legislature amended the SVPA to include LRAs (1995 amendments). However, under the statute, LRAs could be considered only after initial commitment. RCW 71.09.090-.098. ... Given the deference we must afford the legislative classification in this case, we conclude that the State's reasons for delaying consideration of LRAs are rationally related to the treatment of sexually violent predators.
    Read the full opinion on CourtListener →

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