State v. Williams

In State v. Williams, 56 St. Rep. 943, 296 Mont. 258, P.2d (Decided October 14, 1999), the defendant pled guilty the charge of Sexual Intercourse Without Consent. Williams was sentenced to a five (5) year suspended sentence with the Department of Corrections on a juvenile adjudication, followed by a fifteen (15) year suspended sentence at Montana State Prison on an adult adjudication. The suspended sentences were conditioned on Williams' acceptance into either the Great Falls or Billings pre-release program and completion of an approved sexual offender treatment program. Although Williams made appropriate application to both pre-release programs and to a sexual offender treatment program, he was denied admission to both. The State filed a petition to revoke Williams' suspended sentence due to Williams' inability to fulfill the conditions of his probation and suspended sentence. The District Court found Williams to be in violation of the conditions of his suspended sentence and granted the State's petition. Williams appealed the decision of the District Court arguing that the conditions imposed for his suspended sentence became impossible as a result of the Department's rejection of his applications for pre-release and not due to any wrong-doing on his part. The Supreme Court upheld the District Court's revocation stating: "We conclude that the District Court did not abuse its discretion by determining that the conduct of Williams was not "what he agreed it would be if he were given liberty." [citing State v. Lindeman (1997), 285 Mont. 292, 302, 948 P.2d 221, 228] First, we note that Sec. 46-18-203, MCA (1997), does not expressly require the court to determine whether a defendant has willfully violated the terms of the defendant's suspended sentence before the court can revoke a suspended sentence. We have never directly confronted the issue of whether a defendant's violation of the conditions of a suspended sentence must be willful. However, because William's inability to secure treatment frustrated the purpose of probation, namely, his rehabilitation, we agree with the District Court that revoking his suspended sentence and requiring him to participate in the Montana State Prison sexual offender treatment program best serves the purpose of Williams' rehabilitation."