Whatcom man sent to sex offender island before trial

A Whatcom County judge ruled that a man the state attorney general's office classified as a “sexually violent sex offender” can be sent to a so-called sex offender island in Puget Sound until a jury decides his fate.

The decision, made in Whatcom Superior Court on Monday, September 9, came after the Attorney General's Office requested that Jake Unick, who was released from prison on September 5, be placed on McNeil Island because he poses a high risk of reoffending if he returns to society.

Unick, 38, was convicted in 2014 of two counts of attempted first-degree kidnapping with sexual motivation, one count of first-degree kidnapping and one count of harassment, according to a news release from the Attorney General's Office. His charges stem from four separate incidents during 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 in Puget Sound, across from Steilacoom. The Department of Social and Health Services operates the Special Commitment Center, a detention facility for sex offenders, according to the Department of Corrections. Those housed there are committed to the facility by a judge at the end of their sentence.

Judge Robert Olson concluded there was sufficient probable cause to detain Unick on McNeil Island until his trial, tentatively scheduled for May or June of next year. The jury trial will determine whether Unick can remain incarcerated.

“The standard for probable cause is very low,” he said. “Essentially, only allegations are required.”

The Attorney General's Office claimed in its probable cause statement that Unick had been convicted of two felony sexual battery charges, as required by law for commitment to McNeil Island.

In addition, a psychological examination before Unick's release from prison found that he suffered from a mental abnormality and a personality disorder.

Nathan Olson, representing the state, argued that these factors could make him “more likely to commit a sexual offense than to defend himself against it unless he is placed in a secure facility such as the specialty center on McNeil Island.”

When Unick returns to court for his trial, a jury will decide whether and for how long he should be sent to the center.

Unick's attorney, Shauna Bean, told the judge that she had informed Unick of his rights regarding the probable cause statement and that they would abide by the court's decision.

The Special Commitment Center program has been in existence since 1990, when Washington became the first state to pass a law allowing the involuntary civil commitment of sex offenders after their prison sentence. Individuals admitted to the Special Commitment Program receive mental health and sex offender treatment.

According to the Attorney General's Office, there were 183 sex offenders in the program as of August.

But a recent Seattle Times investigation found that DSHS does not track whether the treatment program improves public safety and does not do so. There are no independent audits or enforceable government standards for the quality of care residents receive during their stay.

Annie Todd is CDN's criminal justice and business reporter; she can be reached at [email protected]; 360-922-3090 ext. 130.