People v. Salah.
2022 COA 134. No. 2019CA0180. Sentencing—Sex Offender Intensive Supervision Probation—Right of Familial Association.
November 23, 2022
Salah was found guilty of second degree kidnapping, sexual assault, and two counts of sexual exploitation of a child. The trial court sentenced him to concurrent terms on sex offender intensive supervision probation (SOISP). As relevant here, Salah’s probation conditions prohibited him from contact with children other than his own. Salah’s probation officer filed a complaint to revoke Salah’s SOISP sentences, alleging that Salah violated his probation conditions by living with his sister and her infant child. The trial court revoked Salah’s SOISP sentences, reimposed the original SOISP sentences with the same conditions, and sentenced Salah to 90 days in jail.
On appeal, Salah argued that the trial court failed to make required findings before imposing the probation conditions, which infringe on his constitutional right to familial association by prohibiting him from contacting or living with a minor family member. A probation condition may infringe on the parental right to familial association only in compelling circumstances, but a non-custodial individual’s right to familial association is entitled to less constitutional protection. Here, Salah admittedly had no parental or custodial role with his nephew, and he otherwise failed to demonstrate the nature of his relationship with his sister and nephew. Accordingly, the probation conditions didn’t infringe on Salah’s right to familial association, and the trial court did not err.
The orders revoking Salah’s SOISP sentences and reimposing SOISP sentences were affirmed.