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State v. Hardtke

Supreme Court of Washington, En Banc

June 11, 2015

The State of Washington, Respondent
v.
Frederick Elden Hardtke, Petitioner

Argued May 7, 2015

Appeal from San Juan Superior Court. 12-1-05015-2. Honorable Donald E. Eaton.

Stephen A. Brandli (of Brandli Law PLLC ), for petitioner.

Randall K. Gaylord, Prosecuting Attorney, and Randall A. Sutton, Special Deputy, for respondent.

AUTHOR: Justice Charles W. Johnson. WE CONCUR: Chief Justice Barbara A. Madsen, Justice Susan Owens, Justice Mary E. Fairhurst, Justice Debra L. Stephens, Justice Charles K. Wiggins, Justice Steven C. González, Justice Sheryl Gordon McCloud, Justice Mary I. Yu.

OPINION

Page 772

 Johnson, J.

[183 Wn.2d 476] [¶1] This case involves whether a trial court has the authority under RCW 10.01.160 or CrR 3.2 to impose the cost of pretrial electronic alcohol monitoring. Frederick Hardtke was charged with two counts of second [183 Wn.2d 477] degree rape, one count of second degree assault, two counts of fourth degree assault, and malicious mischief. All were alleged to be acts of domestic violence that took place while Hardtke claimed he was blacked out from alcohol abuse. At arraignment, the trial court imposed conditions of release, including that Hardtke not consume alcohol. To ensure his compliance with this condition, in addition to a performance bond, Hardtke was required to wear an electronic alcohol monitoring bracelet while awaiting trial. Hardtke objected multiple times to paying for the cost of the bracelet, but he wore the bracelet as a condition of his release. Hardtke eventually pleaded guilty to amended charges, and as part of his sentence he was ordered to reimburse the county for the cost of the alcohol monitoring. He appealed, challenging only the imposition of this cost. The Court of Appeals affirmed.

[¶2] We hold that under the facts of this case, the costs for an electronic alcohol monitoring bracelet fit under the statutory meaning of " pretrial supervision." RCW 10.01.160 permits the court to impose costs for pretrial supervision but is expressly limited to $150. Because the trial court imposed nearly $4,000 in monitoring costs, we reverse and remand for imposition of costs consistent with the statute.

Facts and Procedural Posture

[¶3] Hardtke appeared for arraignment in San Juan County Superior Court, which imposed various conditions of release, including abstaining from alcohol and posting a $15,000 performance bond. Because he was unable to obtain a performance bond for that amount, Hardtke moved to modify the conditions

Page 773

of his release, asking that the bond amount be reduced. He acknowledged that his alcohol use was a safety concern and argued that wearing a transdermal alcohol detection (TAD) bracelet would be a less restrictive alternative to the $15,000 bond. The court agreed to modify the release conditions if Hardtke wore a TAD [183 Wn.2d 478] bracelet and posted a $3,000 bond. The State argued that Hardtke should bear the cost of the TAD monitoring. Hardtke objected to paying the cost.

[¶4] A few days later, the county provided Hardtke with the TAD bracelet and the court modified the release conditions, ordering Hardtke to wear the TAD bracelet at all times. The release order stated that Hardtke was to pay the cost of monitoring. Although he renewed his objection to paying the cost of monitoring, Hardtke wore the TAD bracelet. The record does not show that Hardtke himself arranged for the TAD bracelet from a third-party monitoring ...


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