State v. Cesare Decredico

Syllabus

The petitioner, Cesare Decredico (petitioner or Mr. Decredico), appealed from a final judgment of the Superior Court in favor of the respondent, the State of Rhode Island (respondent or the state), which affirmed a determination by the Rhode Island Sex Offender Board of Review (board) that Mr. Decredico poses a level II, moderate risk of re-offense. Mr. Decredico asserted that that the trial justice erred in accepting the decision of the Superior Court magistrate determining: (1) that the board used a validated risk-assessment tool for noncontact offenders in deciding that he poses a level II risk to reoffend, and (2) that the board used reasonable means to collect the information used in the STABLE-2007 risk-assessment tool.<br><br>The Supreme Court determined that the trial justice erred in determining that the evidence in the record justified the board's determination and upholding the magistrate's decision that affirmed the board's classification of Mr. Decredico at a level II risk to reoffend. Consequently, the Court vacated the judgment of the Superior Court with instructions to remand to the board for a new determination. <br>