29 A.3d 445
R.I.2011Background
- Dennis twice convicted of sexually related felonies: 1998 second-degree child molestation with six-year sentence; 2000 violent arrest leading to first-degree sexual assault conviction later vacated and remanded, then plea to second-degree sexual assault with 12-year sentence (5 years served, 7 suspended) and release in 2006.
- Board assessed risk using validated tools STATIC-99 (score 2) and STABLE 2000 (score 6) plus other materials to determine Level III high-risk classification.
- Dennis objected to Level III and sought a hearing under §11-37.1-14; hearing proceeded via written memoranda and oral argument with no witnesses; magistrate affirmed board’s classification.
- The Superior Court magistrate held that the state established a prima facie case and that external factors justified the deviation from the tool results; board’s use of additional materials was proper under statute and Germane considerations.
- Court affirmed the magistrate’s decision, concluding the board could rely on a range of materials and that the record supported the Level III classification; procedural due process issue was addressed and found not to violate due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie case for Level III classification | Dennis: board failed to rely on validated tools alone | Dennis: external factors improperly used to raise risk | Prima facie case established; tools plus external factors justified |
| Procedural due process right to a meaningful hearing | Germane requires a meaningful hearing; due process violated | Hearing adequate via written submissions and argument | No due process violation; hearing deemed meaningful |
| Use of external factors to deviate from tool scores | Scores indicate moderate risk; external factors are specious | Board may consider external factors as allowed by statute | Findings supported; board properly used external factors to reach Level III |
Key Cases Cited
- State v. Germane, 971 A.2d 555 (R.I. 2009) (due process in sex-offender risk classifications; meaningful hearing standard)
- State v. Faria, 947 A.2d 863 (R.I. 2008) (review standards for constitutional challenges to statute)
- Gianquitti, 22 A.3d 1161 (R.I. 2011) (extremely deferential standard of review for trial justice findings)
- Bouffard, 945 A.2d 305 (R.I. 2008) (raise-or-waive rule exceptions for constitutional issues)