A convicted sex offender who violated probation just days after his sentencing was ordered back to jail on Tuesday.
Jeffery C. Sivonen, 46, must serve three months in the Franklin County jail without any credit for good time. The former operations director at Kennewick’s Columbia Center mall also was told he can’t do the time on work release.
Sivonen immediately was taken into custody by corrections officers.
Superior Court Judge Cameron Mitchell had said last week he was inclined to send Sivonen to prison for moving across the state to live with his brother in Forks without first checking in with and getting approval from the state Department of Corrections.
But after seeking input from the victim of Sivonen’s four felony sex crimes, Mitchell decided that jail was appropriate given these were his first violations.
If Sivonen again violates his conditions, the judge can opt to revoke the special sentence involving intensive sex offender treatment and send Sivonen to serve the remainder of his 8 1/2-year prison term.
Sivonen already served one year in jail for his guilty plea to the crimes, which included three counts of child rape.
At his sentencing in April, the victim said she was in favor of the sentencing alternative and wanted “everything done by the power of the law to ensure that (Sivonen) never damages another person the way he has damaged me.”
But after Sivonen was released from the jail following sentencing, he failed to report to his community corrections officer or make himself available for contact. He also didn’t notify them of his change of address so living arrangements could be approved to make sure no children live there.
Sivonen’s sentencing documents did not include the standard time period of 72 hours for reporting to the department.
However, Mitchell said last week that he was very clear with Sivonen at sentencing about all of the requirements and didn’t believe there was any confusion about his responsibilities.
Mitchell also noted that Sivonen listed a Kennewick address on his court documents, so if he already knew at sentencing that he wanted to go somewhere else, he should have explained that. Community corrections officers later discovered that Sivonen had not rented a room at that address for more than a year.
Mitchell said community corrections officers proved two of the probation violations occurred within one week of Sivonen’s release.
Defense attorney Scott Johnson objected to any attempts to lock up his client, and said he could have given Sivonen’s whereabouts to officers if they had contacted him.
Deputy Prosecutor Dave Corkrum earlier asked the judge to send Sivonen to prison, saying his special sentence had been a privilege and he ignored the conditions.
Corkrum sent an email to the victim last week asking for her thoughts on the appropriate consequences for Sivonen. The victim said she appreciated Mitchell’s consideration of her opinion.
“My priority is safety for others, and Mr. Sivonen being a registered sex offender achieved that to the extent the law is able,” she said. Her response was read in court by Corkrum.
She said she would prefer to be notified of any violations and will be checking in to see where Sivonen is living. “These measures are for my safety and that of my family,” she wrote.
Corkrum said he changed his recommendation after his contact with the victim, and asked the court to give Sivonen 60 days on each violation for a total 120 days.
Mitchell decided to order 45 days each for a total 90 days.