State v. HaysState v. Hays
Charles Alan Hays appeals his sentence of 28 months for two counts of statutory rape and one count of indecent liberties. He maintains that the trial court erred in sentencing him to a prison term rather than treatment under the special sexual offender sentencing alternative under
Facts
Hays sexually molested an 11-year-old girl over a 2-year period. He admitted sexually assaulting her almost every day during certain periods, and estimated that he abused her 75 separate times.
The State charged Hays with two counts of statutory rape and one count of indecent liberties. Hays pleaded guilty to the crimes charged on September 18, 1987. That same day, Hays moved the court to order a psychological examination and preparation of a report to determine his amenability to treatment. The court granted the motion.
A social worker who treats sexual offenders examined Hays and prepared a report on November 30, 1987. She recommended that Hays receive treatment for a probationary period of 2 months with a recognized therapist. Hays began treatment on December 1, 1987, on a weekly basis. On January 17, 1988, the social worker prepared an addendum to her November 30 report. The addendum concluded that Hays had made satisfactory progress in treatment. The social worker echoed her earlier recommendation that treatment for Hays' sexual deviance woúld be preferable to incarceration, as the latter would likely amplify his problem and not ameliorate it. She recommended that Hays be
The social worker's reports were presented to the court in a sentencing hearing on January 22, 1988. At the hearings the victim's mother testified and asked for a stiff sentence. She stated, "[H]e's the type of person that unless he's absolutely forced, will not do anything." Although the record does not contain it, the victim herself wrote a short 2-paragraph letter which was presented to the court at the sentencing hearing.
The court imposed a prison term and rejected Hays' request to receive treatment. Hays brought a motion for reconsideration on February 12, 1988. At the motion, Hays and the social worker testified. Again, the social worker expressed her belief that Hays should be treated and not receive a prison sentence. She stated that if he were to go to prison, his deviance would likely be enhanced when he is released. The victim's mother also spoke at the hearing as to the seriousness of Hays' crimes and the effect it had made on the family.
Discussion
Hays argues that the statute which allows treatment as an alternative to a prison sentence for sex offenders requires a trial court to make findings as to whether the defendant and the community would benefit from the use of treatment. We disagree. The statute simply states that the trial court "shall then determine whether the offender and the community will benefit from use of this special sexual offender sentencing alternative."
Hays maintains that the trial court's decision to impose a sentence within the standard range was "clearly erroneous" and "not supported by substantial evidence."
The special sexual offender sentencing alternative statute was invoked here when Hays requested a psychosexual examination following his plea of guilty to the charged crimes.
After receipt of the reports [pertaining to defendant's amenability to treatment], the court shall then determine whether the offender and the community will benefit from use of this special sexual offender sentencing alternative. If the court determines that both the offender and the community will benefit from use of this provision, the court shall then impose a sentence within the sentence range and, if this sentence is less than six years of confinement, the court may suspend the execution of the sentence and place the offender on community supervision for up to two years.
Sentencing is reviewed under the abuse of discretion standard — not, as Hays suggests, the substantial evidence or clearly erroneous tests.
See State v. Cunningham,
Hays argues in his brief that the only evidence the court had before it to determine whether the special sentencing alternative should be imposed was the report and testimony of the social worker. Hays is incorrect. At the sentencing hearing, the victim's mother testified, and a letter by the victim was also reviewed by the court. The trial court was statutorily required to consider statements made
Here, while the record may contain uncontradicted testimony by the social worker showing that Hays would benefit from treatment, there are also facts in the record that the court could have relied upon to determine that the community would not benefit from treating Hays in lieu of a prison term. First, the victim's mother expressed concern about Hays' trustworthiness and future risk of harm. Second, the court learned of other instances where Hays sexually abused little girls. Third, having read the report and heard the social worker testify, the trial court was in the best position to weigh the evidence. The trial court was not bound by the expert's opinion.
State v. Toomey,