State v. McClinton

347 P.3d 889, 186 Wash. App. 826
CourtCourt of Appeals of Washington
DecidedApril 6, 2015
DocketNo. 71701-4-I
StatusPublished
Cited by12 cases

This text of 347 P.3d 889 (State v. McClinton) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. McClinton, 347 P.3d 889, 186 Wash. App. 826 (Wash. Ct. App. 2015).

Opinion

¶1

Becker, J.

This appeal questions the authority of the Department of Corrections to use GPS (global positioning system) monitoring to keep track of a sex offender who is serving the community custody portion of a sentence imposed for crimes committed in 1995. In 1995, the statutes regulating supervision of community custody did not specifically provide the Department with authority to use GPS monitoring. But they did give the Department the responsibility to monitor court-imposed conditions of sentence. Here, the court imposed geographical limitations on the offender’s movements while in community custody. We conclude it is within the Department’s authority to impose GPS monitoring to assure a 1995 sex offender complies with those court-imposed conditions.

¶2 A jury convicted appellant Sallyea McClinton of three offenses: first degree rape while armed with a deadly weapon, attempted rape in the first degree, and first degree burglary. In 1997, the court imposed a sentence of 226 months in prison followed by 24 months of community custody, as required by former RCW 9.94A.120(9)(b) (1995).

[829]*829¶3 McClinton began his term of community custody in June 2013. By the terms of his sentence, he was under the supervision of community corrections officers employed by the Department of Corrections.

¶4 In November 2013, a community corrections officer ordered McClinton to report to have a GPS monitoring device installed on his person. McClinton disregarded this order. A court determined that he had violated the conditions of his sentence and imposed 240 days of confinement as a sanction. McClinton appeals. He contends that the court was without authority to sanction him for failing to submit to GPS monitoring because the Department lacked authority to require it.

¶5 The issue is technically moot. Because McClinton has already served the term of confinement imposed for this violation, we cannot afford relief. We nevertheless exercise our discretion to hear the matter in order to provide an authoritative determination of an issue that is likely to recur. In re Pers. Restraint of Mattson, 166 Wn.2d 730, 736, 214 P.3d 141 (2009).

¶6 The issue requires the court to interpret sentencing statutes. Interpretation of a statute is a question of law that appellate courts review de novo. In re Post Sentencing Review of Charles, 135 Wn.2d 239, 245, 955 P.2d 798 (1998).

¶7 The terms of a defendant’s sentence are governed by the version of the Sentencing Reform Act of 1981, ch. 9.94A RCW, in effect when the crime was committed. State v. Medina, 180 Wn.2d 282, 287, 324 P.3d 682 (2014). McClinton’s crimes were committed in September and October 1995. Our citations to the Act refer to the version in effect at that time.

¶8 McClinton contends the analytical framework for his case is found in In re Personal Restraint of Capello, 106 Wn. App. 576, 24 P.3d 1074, review denied, 145 Wn.2d 1006 (2001). Capello was convicted of a sex offense and sentenced under the 1995 version of the Act. In 1995, only the sen-[830]*830fencing court had authority to impose conditions of community custody. The statute under which Capello was sentenced, former RCW 9.94A.120 (1995), permitted but did not require the court to order him to obtain the Department’s preapproval of his proposed residence location and living arrangements before he transferred to community custody. Capello, 106 Wn. App. at 581. The Department asked the court to include the preapproval condition in Capello’s sentence, but the court declined to do so. Capello, 106 Wn. App. at 579. Nevertheless, when Capello became eligible for transfer to community custody, the Department insisted that he obtain preapproval. Capello, 106 Wn. App. at 579.

¶9 The matter came before this court when Capello filed a personal restraint petition. The Department claimed that it was authorized to impose the preapproval condition as part of its statutory authority to develop an eligibility program for community custody. This court rejected the Department’s argument, holding that preapproval was a condition that only the trial court had authority to impose:

Former RCW 9.94A.120(8)(c) provides that “the court” may order “special” conditions of community placement. One of those special conditions was preapproval of living arrangements. The SRA [Sentencing Reform Act] defines community custody as a form of community placement. And under former RCW 9.94A.120, the trial court had the authority to impose conditions of community placement. There is nothing in the SRA specifically authorizing DOC [Department of Corrections] to independently impose any of the statutorily listed special conditions of community placement. While the definition of “community custody” acknowledges that an offender is subject to DOC control during that period, it would be inconsistent with RCW 9.94A. 120 to interpret this as a grant of independent authority to impose a special condition which the trial court specifically declined to impose.... The statutory framework of RCW 9.94A.120 evinces a legislative intent that the trial court, not DOC, has exclusive discretion to decide whether or not to waive the standard conditions enumerated in RCW 9.94A-[831]*831.120(8)(b), and whether or not to impose the special conditions enumerated in RCW 9.94A.120(8)(c).

Capello, 106 Wn. App. at 583-84 (footnote omitted).

¶10 McClinton argues that GPS monitoring, like preapproval, is a condition of community custody that the Department lacks statutory authority to impose.1 “Just as the law in Capello’s instance did not authorize the department to impose additional conditions of community placement, the law in McClinton’s instance likewise did not authorize the department to impose additional conditions.” Br. of Appellant at 19.

¶11 A requirement to submit to GPS monitoring is not analogous to the preapproval condition in Capello. The 1995 version of RCW 9.94A.120 does not itemize monitoring as either a mandatory or an optional condition of community custody.2 So, unlike in Capello, there is no statutory basis [832]

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Bluebook (online)
347 P.3d 889, 186 Wash. App. 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcclinton-washctapp-2015.