Facts: After completing his term of imprisonment for second degree rape, petitioner Samuel Donaghe was civilly committed as a sexually violent predator pursuant to Washington Revised Code §71.09.  Donaghe subsequently petitioned the Superior Court for Thurston County for a certificate of discharge restoring his civil rights.  The superior court rejected Donaghe’s petition, ruling that Donaghe has not completed all of the requirements of his sentence insofar as he has not completed his term of community placement given his continuous civil commitment at the Special Commitment Center since his release from prison. Donaghe appealed the superior court’s decision, asserting that a letter provided to him by the Department of Corrections indicating that the requirements of his sentence have been completed constituted notice to the superior court of the completion of his sentence for purposes of Washington Revised Code §9.94A.220 that precluded the superior court from rejecting his petition for a certificate of discharge, that his term of community placement has not tolled during his civil commitment, and that tolling his term of community placement while he is civilly committed and thereby preventing him from obtaining a certificate of discharge would unconstitutionally disenfranchise him.  The Washington Court of Appeals affirmed the superior court’s decision.  Donaghe appealed this decision to the Supreme Court of Washington.

Question(s): Did the letter provided to Donaghe by the Department of Corrections demonstrate indicating that the requirements of his sentence have been completed constitute notice to the superior court of the completion of his sentence for purposes of §9.94A.220?

Has Donaghe’s term of community placement tolled during his civil commitment?

Would tolling Donaghe’s term of community placement while he is civilly committed and thereby preventing him from obtaining a certificate of discharge unconstitutionally disenfranchise him?

Conclusion: Justice Fairhurst’s opinion for the Court affirmed the Washington Court of Appeals, concluding that the letter provided to Donaghe by the Department of Corrections was not intended as notice to the superior court that Donaghe has completed the requirements of his sentence and that letter was in any event not conclusive if the superior court determined that Donaghe has not completed those requirements, that Donaghe’s term of community placement has tolled during his civil commitment given that his civil commitment is a form of total confinement for purposes of Washington Revised Code §9.94A.170(3) that has kept him out of the community, and that tolling Donaghe’s term of community placement while he is civilly committed and thereby preventing him from obtaining a certificate of discharge does not unconstitutionally disenfranchise him insofar as the disenfranchisement arises from his felony conviction and his failure to complete his sentence rather than from his civil commitment.

Docket No. 83738-4

Petitioner: Samuel Donaghe

(Counsel: Dana M. Lind)

Respondent: State of Washington

(Counsel: Carol L. LaVerne)

Decided: Thursday, June 30th, 2011

Prevailing Party: State of Washington (Respondent)

Vote: 5-4

Citation: Pending

Court: Madsen1 Court (2010-2011)

Madsen

Johnson

Alexander

Sanders

Chambers

Owens

Fairhurst
(Majority)

Johnson

Stephens
(Dissent)