We granted discretionary review of the trial court's May 21, 2010 order compelling Brian Ormsby to submit to polygraph and penile plethysmograph (PPG) examinations as part of the evaluation under RCW 71.09.040(4) (Washington's Civil Commitment laws) to determine whether he is a sexually violent predator.
The State concedes that under the recent decision in In re Detention of Hawkins, ___ Wn.2d ___, 238 P.3d 1175 (2010), the trial court lacked statutory authority to order the polygraph and PPG examinations. See Hawkins, 238 P.3d at 1179.
We accept the State's concession, and reverse the trial court's order compelling Ormsby to submit to polygraph and PPG examinations, and remand for further proceedings.
Reversed and remanded. ..Source..
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