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State Of Washington v. John Marvin Bill
73653-1
| Wash. Ct. App. | Oct 3, 2016
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Background

  • 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)
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Case Details

Case Name: State Of Washington v. John Marvin Bill
Court Name: Court of Appeals of Washington
Date Published: Oct 3, 2016
Docket Number: 73653-1
Court Abbreviation: Wash. Ct. App.