A Whatcom County judge ruled a man determined to be a “sexually violent predator” by the state Attorney General’s Office can be committed to a so-called sex offender island in Puget Sound until a jury decides his fate.
The decision made Monday, Sept. 9, in Whatcom Superior Court came after the AG’s Office petition that Jake Unick, who was released from prison on Sept. 5, be confined to McNeil Island because of the high risk he could reoffend if released back into the community.
Unick, 38, was convicted of two counts of attempted kidnapping in the first degree with sexual motivation, one count of first-degree kidnapping and one count of harassment in 2014, according to a news release from the AG’s Office. His charges stem from four separate incidents in a two-week period between February and March 2013 when he attempted to kidnap three children, including a 2-year-old, and attacked a 24-year-old woman.
McNeil Island is located three miles into Puget Sound, across from Steilacoom. The Department of Social and Health Services runs the Special Commitment Center, a confinement facility for sexual predators, according to the Department of Corrections. Those who are committed to the facility are done so at the end of their prison sentence by a judge.
Judge Robert Olson determined there was probable cause to hold Unick on McNeil Island until his trial, tentatively set for May or June next year. The jury trial will determine if Unick can continue to be detained.
“The standard of probable cause is a very low one,” he said. “It just requires, essentially, allegations.”
The AG’s office, in its probable cause statement, alleged Unick had been convicted of two crimes of sexual violence, as is required by the statute for commitment to McNeil Island.
Additionally, during a psychological evaluation ahead of Unick’s release from prison, it was found Unick suffers from a mental abnormality and a personality disorder.
The attorney representing the state, Nathan Olson, argued the factors could cause him “to be more likely than not to commit a sexually predatory offense if he is not confined to a secure facility, such as the special commitment center on McNeil Island.”
When Unick is back in court for his trial, a jury will determine if and for how long he should be committed to the center.
Unick’s attorney, Shauna Bean, told the judge she had advised Unick about his rights related to the probable cause statement and that they would be deferring to the court’s decision.
The Special Commitment Center program has been in operation since 1990 when Washington became the first state to pass a law allowing the involuntary civil commitment of sex offenders after their prison sentence. Those admitted to the Special Commitment program receive behavioral health and sex offender treatment.
As of August, 183 sexually violent predators were in the program, according to the AG’s Office.
However, a recent investigation by the Seattle Times found DSHS doesn’t track, nor is it required to, if the treatment program improves public safety. The program doesn’t have independent audits or enforceable state standards for the quality of care residents receive while there.
Annie Todd is CDN’s criminal justice/enterprise reporter; reach her at annietodd@cascadiadaily.com; 360-922-3090 ext. 130.
