CRIME TRACKER: Lawmakers try to reform sexually violent predator - KULR8.com | Montana's News Leader | Billings, MT

CRIME TRACKER: Lawmakers try to reform sexually violent predator statute

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Washington 9th District Representative Susan Fagan is sponsoring House Bill 1059, which would make it more difficult for offenders like Hoisington to be released. Washington 9th District Representative Susan Fagan is sponsoring House Bill 1059, which would make it more difficult for offenders like Hoisington to be released.
SPOKANE, Wash. -

In Washington, civil commitment keeps the state's most violent sexual predators confined to McNeil Island, a center on an island in the southern end of the Puget Sound. In order to be housed at McNeil Island, prosecutors have to prove that a convicted criminal is a violent sexual predator who is likely to reoffend. Predators serve their criminal sentence and then are civilly committed to McNeil Island.

However, the violent sexual offenders aren't confined forever. Sometimes they're released and are given the chance to live freely among their victims. Washington State Attorney General Bob Ferguson wants to change the law to make it more difficult for them to get out, and so do the victims of the attackers.

Crime Tracker Kalae Chock talked to a woman in North Idaho who was violently raped in the early 90s by a man named Monte Hoisington. Amy did not want to use her entire name or show her face because she's worried Hoisington will come after her again. He served time for rape in Idaho in the 70s, then raped Amy. He served time in the 90s for raping her and then was civilly committed to McNeil Island for 10 years. However, he was released a few years ago and now lives just 50 miles away from Amy in Coeur d'Alene.

Hoisington was also released because of his physical disabilities. We talked to someone who knows Hoisington who says he walks with a cane and has poor eyesight. The state says those disabilities did play a role in Hoisington's release from McNeil Island because he's considered less likely to offend because of those disabilities.

Washington 9th District Representative Susan Fagan is sponsoring House Bill 1059, which would make it more difficult for offenders like Hoisington to be released. It would require sex offenders on McNeil Island participate in an annual review if they want their own expert testimony submitted for possible release. It would also define treatment as sex offender specific.

Trial lawyers argue against the bill. They say there's an expensive cost to the bill. They also say that treatment doesn't have to be narrowly defined in order to work. They add that predators shouldn't be required to talk to state experts, because they see them as someone working against them. Other lawyers who testified at committee in Olympia argue the statute is unconstitutional. However, Representative Fagan and Amy say they aren't looking out for the offender, they say they're looking out for Hoisington's next victim.

House Bill 1059 is making its way through committee before it arrives on the house floor. There is also a senate version of the bill, Senate Bill 5033, which Fagan says is in the Rules Committee right now, that's the last stop before a floor vote.

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