A Pierce County judge on Wednesday ordered Steven Powell to serve 40 days in jail for refusing to undergo mandated sexual deviancy treatment.
Superior Court Judge Ronald Culpepper also insisted Powell participate in his treatment and refused to lower his bail.
Powell, the father-in-law of missing Utah resident Susan Cox Powell, formerly of Puyallup, has been jailed since Oct. 27 on a charge of possessing child pornography. Bail was set at $50,000.
The charge was dismissed as part of the voyeurism case he was convicted of and later reinstated after a Washington State Court of Appeals opinion.
Powell was convicted in 2012 on several counts of voyeurism for allegedly taking photographs of two neighbor young girls as they used the toilet and bathed.
He served 30 months in prison for that case. As part of his sentence, Powell was ordered to undergo sexual deviancy treatment.
His community corrections officer complained earlier this month that Powell would not comply with treatment because “he did not want to have his stuff on the Internet,” according to court documents.
On Wednesday, officials offered to let Powell verbally discuss his sexual history rather than have it put in writing.
Powell was not refusing to complete the psychosexual evaluation but felt uncomfortable answering questions about his sexual history, defense attorney Travis Currie told the court.
“He is invoking his Fifth Amendment rights,” Currie said.
Culpepper asked whether Powell could face future criminal charges for potential crimes divulged during the exam. Deputy prosecutor Bryce Nelson said he couldn’t answer that based on a hypothetical situation.
In the end, the judge required Powell to undergo the exam and to spend 40 days in jail.
Powell is the father of Josh Powell, who killed his two sons and himself in February 2012 while being investigated for the 2009 disappearance of his wife, Susan Cox Powell, from their Utah home.