Washington Revised Code Title 71. Mental Illness § 71.09.094. Conditional release to less restrictive alternative--Verdict

(1) Upon the conclusion of the evidence in a hearing held pursuant to RCW 71.09.090 or through summary judgment proceedings prior to such a hearing, if the court finds that there is no legally sufficient evidentiary basis for a reasonable jury to find that the conditions set forth in RCW 71.09.092 have been met, the court shall grant a motion by the state for a judgment as a matter of law on the issue of conditional release to a less restrictive alternative.

(2) Whenever the issue of conditional release to a less restrictive alternative is submitted to the jury, the court shall instruct the jury to return a verdict in substantially the following form:  Has the state proved beyond a reasonable doubt that either:  (a) The proposed less restrictive alternative is not in the best interests of respondent;  or (b) does not include conditions that would adequately protect the community?  Answer:  Yes or No.