Facts: While serving a term of community custody following his release from prison, petitioner Amel Dalluge was arrested and taken to the Grant County Jail, where he assaulted several of the officers on duty. As a consequence, Dalluge was charged with and subsequently convicted of violating the term of his community custody requiring that he obey all laws. After unsuccessfully appealing his conviction, Dalluge filed a personal restraint petition in the Washington Court of Appeals that asserted that committing assault while in jail did not violate the terms of his community custody insofar as he was confined and no longer in the community at the time and insofar as Washington Revised Code §9.94A.625(3) states that periods of community custody toll during any period of time an offender is in confinement. The Washington Court of Appeals dismissed Dalluge’s petition, ruling that Dalluge was still subject to the conditions of his community custody at the time of the assault. Dalluge appealed this decision to the Supreme Court of Washington.
Question(s): Are the terms of community custody automatically suspended by §9.94A.625(3) while an offender is confined?
Conclusion: Justice Chambers’ opinion for the Court affirmed the Washington Court of Appeals, concluding that although Dalluge’s period of community confinement tolled during the time he was in jail, he was nonetheless still subject to its conditions during this time given that the legislature likely intended for the Department of Corrections to retain supervisory power over offenders on community custody who are confined.
Docket No. 79841-9 (from Court of Appeals Division III Case No. 25432-1)
Petitioner: Amel Dalluge
(Counsel: David L. Donnan and Gregory Charles Link)
Respondent: State of Washington
(Counsel: Donna H. Mullen and John Joseph Samson)
Briefs:
- Motion for Discretionary Review
- Motion to Dismiss
- Personal Restraint Petition
- Reply
- Reply to Response
- Reply to Response to Motion to Dismiss
- Respondent Supplemental Brief
- Response to Motion for Disc Review
- Response to Motion to Dismiss
- Response to Personal Restraint Petition
- Supplemental Brief of Petitioner
Argument: Thursday, October 18, 2007 1:30pm
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, January 17th, 2008
Prevailing Party: State of Washington (Respondent)
Vote: 6-3
Citation: Pending
Court: Alexander4 Court (2008-2009)
Alexander
Johnson
Madsen
Sanders
Bridge
Chambers
Owens
Fairhurst
Johnson
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form.