In Re Detention Of Brooks

-- Scott W. Brooks was committed as a sexually violent predator pursuant to RCW 71.09. He challenges the constitutionality of the statute, arguing that the 1995 amendments to RCW 71.09 deprive him of equal protection because consideration of less restrictive treatment alternatives for sexually violent predators is allowed only after commitment, whereas RCW 71.05 requires such consideration for the mentally ill before commitment. Mr. Brooks also argues that he was denied due process and equal protection because the State was not required to establish beyond a reasonable doubt that he was highly likely to commit an act of predatory sexual violence in the future. Finally, he claims the evidence was insufficient to support his commitment. We find no constitutional infirmity in the statute as amended, and we find the evidence sufficient to support the determination that Mr. Brooks is a sexually violent predator. Accordingly, we affirm the order of commitment.