State Of Washington v. John Marvin Bill
73653-1
| Wash. Ct. App. | Oct 3, 2016Background
- John Bill was convicted by a jury of first degree child molestation based on an incident at a public lake involving a young boy.
- He was sentenced to 60 months to life plus a lifetime term of community custody.
- The court imposed multiple community custody conditions restricting contact with minors and employment/supervision requirements.
- Relevant conditions at issue: (4) no initiating/prolonging contact with minors without an approved adult present; (5) no employment/volunteer positions placing him in contact or control over minors; (6) do not frequent areas where minors congregate, "as defined by the supervising Community Corrections Officer;" (11) hold only employment with "direct supervision;" (19) enter and successfully complete "identified interventions."
- Bill appealed, arguing some conditions were unauthorized or unconstitutionally vague; the State conceded vagueness as to two conditions.
Issues
| Issue | Plaintiff's Argument (Bill) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Condition 6: "Do not frequent areas where minor children are known to congregate, as defined by the supervising CCO" | Vague and allows arbitrary enforcement because the supervising officer alone defines prohibited areas | Initially defended; conceded on appeal that the condition is vague under precedent | Struck as unconstitutionally vague; remanded to remove or clarify |
| Condition 19: "Successfully complete identified interventions" | Vague because neither the interventions nor who identifies them are specified, permitting arbitrary enforcement | Conceded on appeal that the court failed to identify interventions or the identifying authority | Struck as unconstitutionally vague; remanded to remove or clarify |
| Condition 11: "Hold employment only in a position where you always receive direct supervision" | Unauthorized and unsupported by crime-relatedness; no evidence tying workplace supervision to offense circumstances | Court may impose crime-related and compliance-monitoring conditions; supervision helps ensure compliance with conditions forbidding unsupervised minor contact | Upheld as authorized and crime-related; affirmed in part |
Key Cases Cited
- State v. Irwin, 191 Wn. App. 644 (2015) (guidance on vagueness of community custody conditions defined exclusively by community corrections officer)
- State v. Vant, 145 Wn. App. 592 (2008) (courts may impose conditions ensuring compliance with other community custody requirements)
- State v. Riles, 135 Wn.2d 326 (1998) (discussion of scope of court-imposed community custody conditions)
- State v. Valencia, 169 Wn.2d 782 (2011) (standard of review and limits on community custody conditions)
