State of West Virginia v. Jonathan Andrew Mounts
15-1094
| W. Va. | Oct 7, 2016Background
- In 2005 Jonathan Andrew Mounts sexually assaulted a severely mentally impaired adult cousin, resulting in her pregnancy; he pled guilty to third-degree sexual assault.
- Sentenced in 2007 to 1–5 years incarceration and a consecutive 15 years of supervised release under West Virginia Code § 62-12-26; released from prison in 2008 and discharged from parole in 2009, but active supervision did not begin until December 2011.
- Supervised-release conditions included broad computer/internet monitoring and restrictions, a prohibition on direct/indirect contact with minors, mandatory sex-offender treatment, and searches/password disclosure requirements.
- Mounts was terminated from treatment in 2014 after repeatedly viewing pornography at work and was jailed 60 days for violating release conditions; supervised release continued unchanged thereafter.
- Mounts moved to terminate or modify his supervised release (arguing conditions were unrelated to his crime and impeded employment and family/church attendance); the circuit court denied relief and Mounts appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether computer/internet and contact-with-minors conditions are unconstitutional as-applied | Mounts: conditions are overly broad, unrelated to his offense, impede employment and family/church participation | State: conditions are reasonably related to protection and treatment given facts of the offense and risk factors | Court: Conditions are not a total ban, are reasonably related to offense facts and risk; no constitutional error or abuse of discretion |
| Whether supervised release should be terminated | Mounts: having served period without incident and conditions being overbroad justify termination | State: prior violations, treatment history, and victim’s severe impairment justify continued supervision | Court: Denial of termination affirmed; no abuse of discretion |
Key Cases Cited
- State v. Hargus, 232 W.Va. 735, 753 S.E.2d 893 (2013) (upholding § 62-12-26 against facial constitutional challenges)
- State v. James, 227 W.Va. 407, 710 S.E.2d 98 (2011) (discussing statutory supervised-release authority)
- United States v. Heckman, 592 F.3d 400 (3d Cir. 2010) (found a lifetime internet ban excessive as-applied)
- United States v. Burroughs, 613 F.3d 233 (D.C. Cir. 2010) (held computer-monitoring conditions unsupported where offense did not involve the internet)