Opinion: Community custody violation overturned
In re Pers. Restraint of Blackburn, No. 82329-4. Douglas Blackburn pleaded guilty to two drug crimes. He was sentenced to a period of imprisonment followed by a period of community custody. To remain under community custody and not return to prison, Blackburn was required to "obey all laws." During his community custody, the Department of Corrections sent Blackburn a notice alleging that he had failed this requirement by "threatening to kill Shelly Blackburn." The only reference to a particular statute was as the sixth item on a list of "documents and witnesses that DOC intended to present at a violation hearing." Blackburn was found in violation, and an administrative appeals panel affirmed. He filed a personal restraint petition to the State Supreme Court.
Today the Court unanimously grants Blackburn's petition and overturns the DOC. The notice to Blackburn was deficient because it failed to specify which law he had violated.
We hold that for DOC to lawfully reclassify an offender for imprisonment for a violation of an "obey all laws" condition of community custody, the notice must allege the facts and legal elements that DOC would have to prove to show an offender did not obey all laws. ... Although a notice may state the elements, a citation to the statute suffices if the statute includes all of the elements. If the statute does not include all of the elements, the notice must indicate the nonstatutory elements that would render the offender's conduct unlawful.
Justice Fairhurst authored the Court's opinion. (briefs, argument)
