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Gould v. Patterson

A modification of plaintiff's probation requiring sex offender treatment at his expense did not increase his sentence in violation of the double jeopardy prohibition because the required treatment was clearly rehabilitative

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While serving the probated portion of the sentence imposed on him for conviction of child molestation and solicitation of prostitution, Carl Gould filed suit pursuant to 42 U.S.C. § 1983 seeking damages against his probation officer David Patterson, the Georgia Department of Corrections, the Medlin Treatment Center where he received sex offender treatment pursuant to the terms of his probation, and Randi Stephens an employee of Medlin. He alleged that, when the sentencing trial court modified the terms of his probation to require sex offender treatment at his expense after he began serving his sentence, this constituted an illegal increase in his sentence and violated his constitutional rights. In appealing from the trial court’s dismissal of the suit, Gould enumerates as error that: 1 the code section OCGA § 42-8-34 g pursuant to which the trial court modified his probation is unconstitutional; 2 the modification of his probation violated due process and the double jeopardy clause of the Fifth Amendment, and 3 the sex offender treatment he was required to attend imposed conditions on him which violated his Fifth Amendment privilege against self-incrimination. For the reasons which follow, we find no merit to these claims and affirm the trial court.

1. The constitutionality of OCGA § 42-8-34 g was not raised or ruled on in the trial court, so Gould failed to preserve this claim for appellate review.

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