Washington v. Petterson

Erik Petterson has been serving a term of community custody under a special sex offender sentencing alternative (SSOSA) for over 15 years. After Petterson successfully completed treatment, the court removed most of his community custody conditions. The Washington State Department of Corrections (Department) sought to ensure that while Petterson was on community custody, he was required to comply with department-imposed conditions. The issue this case presented for the Washington Supreme Court’s review was whether trial courts had to require this condition and whether courts had authority to modify community custody conditions after terminating treatment. The Supreme Court affirmed the Court of Appeals' ultimate holding that the superior court did not have the authority to remove the department-compliance condition. However, the Supreme Court held: (1) the hearing in 2008 was an extended part of the treatment termination hearing that began in 2005; and (2) after imposing a SSOSA, courts retain jurisdiction and may modify discretionary community custody conditions even after treatment is terminated. View "Washington v. Petterson" on Justia Law