Ex Post Facto Prevents Third Community Custody Violation from Imposing Mandatory Prison Term

by

Wash. State Dep’t of Corrections v. Madsen

Madsen was convicted of his crime. He then committed two community custody violations. A statute was then passed (and later appealed) which provided that three community custody violations sent you back to prison for the rest of your term in total confinement. However, because it was passed after his conviction, it imposed a harsher sentence. That violates Ex Post Facto.

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