Legal Opinion

In re Pers. Restraint of Schley

Washington Supreme Court

Decided July 26, 2018No. 94280-3PublishedCited by 3 opinions

1Opinion of the CourtOwens, J.

*954¶1 This case properly presents one issue: after a trial court imposes a drug offender sentencing alternative (DOSA), what evidentiary standard does due process impose on the Department of Corrections (Department) when revoking that sentence? Our legislature enacted the DOSA statute as a "treatment-oriented" alternative to a standard range sentence of confinement. LAWS OF 1995, ch. 108 pmbl. If a trial court finds that the sentencing alternative is "appropriate" for an individual, half of the sentence is suspended and the person is provided with substance abuse treatment, within available…

2Cases cited27 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
  4. People Ex Rel. Wallace v. LabrenzIllinois Supreme Court · 1952
  5. Sorenson v. City of BellinghamWashington Supreme Court · 1972

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3Cited by3 opinions

  1. In the Matter of the Personal Restraint of: Damien Arthur WilsonCourt of Appeals of Washington · 2021
  2. State Of Washington v. Breanna ThorneCourt of Appeals of Washington · 2019
  3. State Of Washington v. V.a.c.Court of Appeals of Washington · 2019

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