County Superior Court
Plaintiff: Kathleen M. Kelly, Esq.
Defendant: Eric Slingo, Esq.; Joseph Dwyer Jr., Esq.
the Court is the State of Rhode Island's (State) Motion
to Modify the Terms and Conditions of Probation of Defendant
Keith B. Johnson (Defendant). For the following reasons, the
Court denies the State's motion.
October 4, 1991, the Defendant was indicted on charges of
burglary, robbery, and first degree sexual assault.
W1-1991-0313A. On October 23, 1992, the Defendant was
arraigned on another complaint and charged with burglary and
first degree sexual assault. W1-1992-0367A. The Defendant
pled nolo contendere to all counts in both cases.
The Defendant was sentenced to 65 years, 35 of which to serve
and 30 years suspended with probation. The Defendant was also
ordered to register as a sex offender.
years later, on October 31, 2016, the Defendant was released
from the Adult Correctional Institutions (ACI). While the
Defendant was at the ACI, he did not participate in any sex
offender treatment, except for an initial mandatory
thirty-day treatment program. Upon his release from the ACI,
the Defendant was assigned to the Washington County Probation
and Parole Unit. After reviewing the Defendant's case,
the probation office's supervisor filed a motion to
modify the Defendant's conditions of probation, in
accordance with G.L. 1956 § 12-19-8(c). The motion to
modify requested that this Court modify the Defendant's
probation conditions to require sex offender treatment and
issue no contact orders for the victims.
October 28, 2016, this Court held a hearing on the motion to
modify. The Defendant's counsel objected to the motion on
various grounds, which included a constitutional challenge to
§ 12-19-8(c) as applied to the Defendant. After further
briefing on the matter, the Court heard oral arguments on May