State v. Riles

957 P.2d 655, 135 Wash. 2d 326
CourtWashington Supreme Court
DecidedJune 4, 1998
DocketNos. 65546-4; 65734-3
StatusPublished
Cited by198 cases

This text of 957 P.2d 655 (State v. Riles) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Riles, 957 P.2d 655, 135 Wash. 2d 326 (Wash. 1998).

Opinions

Smith, J.

In these consolidated cases Petitioners Roland Erik Riles and Richard Lee Gholston each seek review of decisions of the Court of Appeals, Division I, affirming decisions by the King County Superior Court which imposed conditions for mandatory post-release community placement under the Sentencing Reform Act of 1981, RCW chapter 9.94A. We affirm, but strike one condition from the order in each case.

QUESTIONS FRESENTED

The primary question in both cases is whether the trial courts imposed improper conditions on Petitioners during their mandatory community placement upon their release from prison.

In answering that question we must determine (1) [332]*332whether the trial courts exceeded their authority by requiring Petitioners to submit to polygraph and plethysmograph testing during their period of community placement; (2) whether the conditions ordering Petitioner Roland Erik Riles to have no contact with children, avoid places where children congregate, and not frequent places where minors are known to congregate are unconstitutionally vague, and whether the “no contact” condition is also overbroad; (3) whether the condition ordering Petitioner Richard Lee Gholston to have no contact with any minor-age children is unconstitutionally vague and overbroad when the victim of his rape was an adult woman; and (4) whether the condition ordering Petitioner Gholston to make reasonable progress in mental health counseling or sexual deviancy therapy is without statutory authority and is unconstitutionally vague.

STATEMENT OF FACTS

Roland Erik Riles

On January 14, 1993, Petitioner Roland Erik Riles was convicted by a jury in the King County Superior Court of first degree child rape in violation of RCW 9A.44.073 for anally raping a six-year-old boy.1 On March 12, 1993, the Honorable Ricardo S. Martinez sentenced him within the standard range to confinement for 102 months.2 3**In addition, the court sentenced him to two years of community placement following his release from prison as required by RCW 9.94A.120(9)(b) under the Sentencing Reform Act of 1981 (SRA).3 That provision states in relevant part:

When a court sentences a person to a term of total confinement to the custody of the department of corrections for an of[333]*333fense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, . . . the court■ shall in addition to other terms of the sentence, sentence the offender to community placement for two. years or up to the period of earned early release awarded pursuant to RCW 9.94A.150(1) and (2), whichever is longer. . . . Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:
(i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;
(ii) The offender shall work at department of corrections-approved education, employment, and/or community service;
(iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions;
(iv) An offender in community custody shall not unlawfully possess controlled substances;
(v) The offender shall pay supervision fees as determined by the department of corrections; and
(vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement. . . .

(Emphasis added.) The trial court imposed those six mandatory conditions and imposed additional ones, including the following:

(6) Have no contact w/victim or any minor-age children w/o approval of CCO and mental health treatment counselor-,
(8) submit to polygraph & plethysmograph testing upon request of therapist and/or CCO, at own expense-,
(9) hold no position of authority or trust involving children;
(10) avoid places where children congregate-,
(11) do not initiate or prolong physical contact w/children for any reason;
(12) do not frequent places where minors are known to [334]*334congregate without specific permission of sexual deviancy counselor or supervising CCO\ and
(13) Inform CCO of any romantic relationships to verify that there are no minor children involved.[4]

(Emphasis added.) Petitioner challenges only conditions six (6), eight (8), ten (10) and twelve (12).5

Petitioner argues the trial court erred in requiring him to submit to polygraph and plethysmograph testing under condition eight (8).6 He claims the condition constitutes affirmative conduct and is invalid because RCW 9.94A.030(11) expressly excludes affirmative conduct from the definition of “crime-related prohibition.”7 Under RCW 9.94A.120(9)(b),.a court is required to sentence the defendant to community placement for two years in addition to other terms of the sentence if the person is sentenced to a term of total confinement for a sex offense committed after July 1, 1990 and before June 6, 1996. “Community placement” is defined by the Sentencing Reform Act as:

[T]hat period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.[8]

There are six conditions of community placement which must be imposed unless waived by the court.9 Under RCW [335]*3359.94A.120(9)(c) the court may impose additional special conditions:

(c) As part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:
(i) The offender shall remain within, or outside of, a specified geographical boundary;
(ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

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Cite This Page — Counsel Stack

Bluebook (online)
957 P.2d 655, 135 Wash. 2d 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-riles-wash-1998.