WA Legal Roundup - WA Supreme Court: Community Placement Tolls for SVP Committment; Confessions May or May Not Depend on LImited Scope of Entry; Extra Time Spent in the Pen not Credited to Community Custody
Donaghe (hopefully not Jack, because that would break my heart...just checked, its Sam, we're good, turns out its spelled Donaghy...John Francis "Jack" Donaghy) got all rapey on people. He was incarcerated, then moved to SVP status and held on McNeil. For those that don't know, McNeil Island is where Washington keeps all its rapey people and pederasts (we also keep female pedophiles in there too, but I just like The Big Lebowski). He tried to get voting rights back. Held by a majority of five that the time of an SVP commitment tolls the start of community placement because, you know, you're not IN the community.
(Jack Donaghy: NOT rapey or breaking my heart)
In Eserjose, no new law was made. It was four on the majority, with one of those as result only. 4 in the dissent blocking whatever law was made with Madsen's concurrence. In this case, a confession was deemed admissible even though the deputies were only invited into the foyer. They climbed some stairs to make the arrest though they had no warrant. Anyhow, odd fact patter, odd result, no new law made, but criminal folks, you should probably read this and dissect the fact that its not actually law because it was a 4-4 split with Fairhurst punting as a result only.
Finally, in Jones, the court ruled 6-3 that time spend in excess of your incarceration sentence can't be credited to your community custody. Here's what went down:
The trial court amended Jones' original judgment and sentence to reflect an offender score of zero, and Jones was resentenced to 51 months of incarceration and 36 months of community custody. By that time, Jones had already served 81months of incarceration. The trial court credited Jones with time served toward his 51 month sentence of incarceration and ordered his release. However, the trial court did not credit the excess 30 months of incarceration time toward his 36 months of community custody.
Now, I may be old fashioned, but if you've served an extra 30 months in the penn due to your sentencing being messed up, I think you should be entitled to a credit for lesser sentences. Sure, with molesters and what not, you do want to see how they behave in public, but its your F-up in the first place. If you're not going to give him credit, then pay him for the extra time or something. I dunno, it seems unfair, and doesn't pass the smell test for me. It essentially extends his sentence 30 months beyond what it was without any authority to do so.