Whatcom County judge finds probable cause for civil commitment of sex offender

Attorney General Bob Ferguson has filed a petition in Whatcom County Superior Court to civilly commit convicted sex offender Jake Unick to McNeil Island following his scheduled release from prison.

Unick, 38, was convicted in 2014 of several charges, including first-degree kidnapping, attempted kidnapping with sexual motivation, and harassment.

The Attorney General’s Office is seeking to have him confined indefinitely at the state’s Special Commitment Center on McNeil Island, citing concerns that he remains mentally ill and poses a severe risk to the community if released.

A judge has already determined there is probable cause to hold Unick under the state’s Sexually Violent Predator (SVP) law.

This decision, made Monday, means Unick will remain at McNeil Island until a full trial occurs next year.

At that trial, the state will be required to prove to a jury beyond a reasonable doubt that Unick meets the legal criteria for indefinite commitment as a sexually violent predator.

Unick’s criminal history includes two counts of first-degree attempted kidnapping with sexual motivation, one count of first-degree kidnapping, and one count of harassment.

His release from prison was initially scheduled for September 5.

Still, the civil commitment petition filed by the Attorney General’s Office aims to prevent his return to the community, arguing that he continues to present a danger due to his mental illness.

The civil commitment process is an additional legal mechanism in Washington for dealing with violent sex offenders who are deemed likely to re-offend due to a mental abnormality or personality disorder.

Washington’s SVP law passed in 1990, allows for the indefinite confinement of sex offenders who meet these criteria, even after they have completed their criminal sentences.

This law was the first of its kind in the United States and remains a critical tool for managing the most dangerous offenders after their release from prison.

Assistant Attorneys General Nathan Olson, Colette Sampson, and paralegals Rebecca Hendrickson and Kelly Hadsell lead the case against Unick.

Their task is to convince a jury that Unick continues to pose a significant risk of committing further acts of sexual violence if released.

If the jury sides with the state, Unick will be indefinitely committed to McNeil Island’s Special Commitment Center.

The probable cause finding is a critical step in the civil commitment process.

With this decision, the judge determined there was enough evidence to suggest that Unick may meet the criteria of a sexually violent predator under state law.

Now, prosecutors must prepare for a trial where they must prove this claim beyond a reasonable doubt.

Washington law requires the jury’s verdict to be unanimous for the state to succeed in keeping Unick in custody on McNeil Island.

Washington’s Special Commitment Center on McNeil Island currently houses 183 individuals who have been civilly committed as sexually violent predators.

This specialized facility is designed to confine offenders who, due to a mental illness or personality disorder, are believed to remain a threat to public safety.

The commitment process is not indefinite without review.

Committed individuals undergo annual mental health evaluations to determine whether they still meet the criteria for confinement.

A release process is initiated if the experts determine that they no longer pose a threat.

Attorney General Ferguson’s office handles SVP cases for 38 of Washington’s 39 counties, with King County being the only exception.

In cases like Unick’s, the Attorney General’s Office takes action at the request of local prosecutors concerned about the potential risk posed by an offender nearing the end of their sentence.

Civil commitment petitions are filed only after thorough evaluations by mental health professionals, and in Unick’s case, an expert determined that he meets the legal criteria for civil commitment.

If the jury at Unick’s upcoming trial finds that he qualifies as a sexually violent predator, he will remain confined at the Special Commitment Center indefinitely.

Each year, a mental health professional from the Department of Social and Health Services will review his case.

If the expert finds that Unick no longer meets the criteria for confinement, the Attorney General’s Office will conduct a second independent evaluation.

Ferguson’s dual-evaluation process ensures that only those who continue to pose a real danger remain confined.

Unick’s civil commitment case highlights the ongoing use of Washington’s SVP law to manage offenders deemed too dangerous to release after serving their sentences.

While civil commitment remains controversial in some circles due to its indefinite nature, it is a powerful legal tool for ensuring public safety when traditional incarceration is no longer an option.

The state’s rigorous process, involving multiple layers of review, aims to balance public safety with the rights of the individuals involved.

The trial for Unick’s civil commitment will occur sometime next year.

Until then, he will remain confined on McNeil Island, and the Attorney General’s Office will continue preparing its case to ensure he does not threaten the community.

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