You are here: Home AMICUS NEWS State v. Erik Petterson, WSSC #94439-3

State v. Erik Petterson, WSSC #94439-3

On July 11, 2017 WACDL filed an amicus brief the issue of whether a trial court has the authority to modify community custody provisions of a SSOSA.

Court

Petition for discretionary review to WSSC granted on 9/8/2017.

Issue

The trial court modified Mr. Petterson's conditions of community custody following completion of treatment and compliance with conditions for several years. After an approved move to another county a new CCO re-imposed all original conditions, including a new treatment program, refusing to give effect to the Superior Court order.

Ruling

In its decision the WSSC distinguished between mandatory and discretionary conditions imposed in SSOSA case and held that the superior court did not have the authority to remove the condition of department compliance  as that is a mandatory requirement that must be imposed for the length of the term of community custody. However, the court recognized that the SSOSA statute provides that some department imposed conditions are mandatory while others are discretionary and the statute provides explicit authority to the superior court to modify discretionary conditions with the greater authority given to the court when there is disagreement as to any one condition. As a result the superior court retains jurisdiction throughout the life of the SSOSA to modify discretionary conditions.

WACDL Amicus

WACDL specifically addressed whether any party to a SSOSA - defendant or victim - has any recourse to petition the sentencing court for modifications or terminations of no contact orders at any during supervision.

WACDL Amicus Authors

Rita Griffith, Amy Muth

Appellate Author

Tom Weaver

Log in


Forgot your password?
Forgot your User Name?