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Washington Prisoners' Supervision Requirement That They not Have Sex without Prior "Consent and Approval" Upheld

Washington Prisoners' Supervision Requirement That They not Have Sex without Prior "Consent and Approval" Upheld

Justin Autrey and Darrell Abbott, Washington state sex offenders, appealed trial court stipulations to their release from prison. Those stipulations required them to refrain from having sex with anyone without the other person's prior consent and their community corrections officers' prior approval.

On appeal, Division Three of the state Court of Appeals recognized that ACV § 9.94A.505(3) allows courts to impose crime-related prohibitions and affirmative conditions of release on convicted felons. But those restrictions must directly relate to the circumstances of the underlying crime. The court had no problem finding the "consent and approval" provisions at issue to directly relate to the circumstances of Autrey's and Abbott's sex offenses. Thus, the trial court order imposing them was affirmed. See: Washington v. Autrey and Abbott, COA No. 24670-1-III & 24952-2-III (2006).

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Related legal case

Washington v. Autrey and Abbott