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State v. Johnson

Superior Court of Rhode Island

June 20, 2017

STATE OF RHODE ISLAND
v.
KEITH B. JOHNSON

         Washington County Superior Court

          For Plaintiff: Kathleen M. Kelly, Esq.

          For Defendant: Eric Slingo, Esq.; Joseph Dwyer Jr., Esq.

          DECISION

          GALLO, J.

         Before 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.

         I

         Facts and Travel

         On 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.

         Twenty-five 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.

         On 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 23, 2017.

         II

         Analysis

         A

         Ju ...


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