In re Det. of Herrick

Petitioner Donald Herrick was an alleged sexually violent predator (SVP) awaiting trial after stipulating to probable cause and agreeing to be evaluated by the State's expert. At the request of the State's expert and pursuant to ROW 71.09.050(1), the trial court ordered Herrick to submit to penile plethysmograph (PPG) and polygraph tests. Herrick refused to comply with the court order, which resulted in a finding of contempt. Herrick brought a facial and as-applied challenge to the statute, and he also challenged the lawfulness of the contempt order. The Court of Appeals affirmed the trial court. The Washington Supreme Court found that compelled PPG testing pursuant to court order in accordance with RCW 71.09.050(l)(c) complied with substantive due process, including in Herrick's case. Therefore, finding no reversible error, the Supreme Court affirmed. View "In re Det. of Herrick" on Justia Law