Washington Administrative Code

(1) The individual, after service of the violations specified and rights and privileges forms, may waive their right to a community custody violation hearing, and admit guilt to the alleged violations.(2) If the waiver is accepted by the board, the board may do one or more of the…

(1) The board shall schedule all community custody violation hearings.(2) Out of custody hearing: The board shall provide notice to the community corrections officer and alleged community custody violator of the time and place of the out of custody hearing no less than five worki…

(1) An alleged community custody violator shall be entitled to a fair and impartial hearing of the charges of the community custody violation within 30 working days, but not less than two working days, after notice of service of violations specified is received by the board.(2) T…

The community corrections officer shall forward to the board and attorney general signed copies of the receipt and acknowledgment of the rights set forth in WAC 381-100-150 along with copies of the violations specified. Should the individual refuse to sign either the violations s…

(1) The community corrections officer shall provide the attorney general, the unrepresented individual, or the represented individual's defense attorney with a copy of the violations specified, the notice of violation report, all evidence relevant to establishing the violations c…

Materials required to be filed with the board shall be deemed filed, upon actual receipt by the board as recorded by electronic date stamp in the digital record.[Statutory Authority: RCW 34.05.030 (1)(c). WSR 24-12-050, § 381-100-180, filed 5/31/24, effective 7/1/24. Statutory Au…

(1) The board has the authority to issue subpoenas for compulsory attendance of witnesses and production of evidence at community custody revocation or violation hearings under RCW 9.95.123.(2) Every subpoena, where authorized by law, shall state "indeterminate sentence review bo…

All hearings conducted under this chapter will be heard by a minimum of one member of the board or a designee of the board, serving as the presiding officer. It is the duty of the presiding officer to conduct hearings in an impartial and orderly manner. They shall have the author…

In any proceeding, the presiding officer, upon their own motion or on the motion of one of the parties or their representatives, may direct the parties to appear in person or through electronic means at a specified time and place for a prehearing conference. Such conference may b…

A community corrections officer and/or an assistant attorney general shall present the state's case.[Statutory Authority: RCW 34.05.220 (1)(b). WSR 09-08-109, § 381-100-220, filed 3/31/09, effective 5/1/09.]

No person may appear before the board in a representative capacity on behalf of the individual at a community custody violation hearing other than the following:(1) Attorneys at law, qualified and admitted to practice before the supreme court of the state of Washington.(2) Law st…

(1) All persons appearing in community custody violation proceedings before the board shall conform to the standards of ethical conduct required of attorneys before the courts of the state of Washington.(2) The board may decline to permit any person who does not conform to such s…

(1) Either party may call witnesses to testify in-person, by telephone, or electronically.(2) The presiding officer may limit the number of witnesses and the scope of the testimony to matters relevant to the allegations and/or disposition.(3) Witnesses may be excluded from in-per…

(1) Any party to a community custody violation hearing who desires a continuance shall notify the board in writing and state the reasons why the continuance is necessary. If represented by counsel, all continuance requests by the individual must come from the representing counsel…

Community custody violation hearings are open to the public to attend virtually given the facility has the resources to accommodate virtual or telephonic hearings. The presiding officer may preclude public attendance for a specifically stated reason, close the hearing in whole or…

(1) All relevant evidence shall be admissible which, in the opinion of the presiding officer, is the best evidence reasonably obtainable, having due regard for its necessity, availability, and trustworthiness. "Relevant evidence" has the same meaning as in Washington rule of evid…

(1) Alleged violations of the conditions of community custody must be proven by a preponderance of evidence.(2) No finding of a violation of conditions may be based on unsubstantiated or uncorroborated hearsay evidence alone.(3) If the presiding officer concludes that none of the…

There will be an audio recording made of all hearings conducted under the provisions of this chapter. Such recordings shall be preserved in accordance with the indeterminate sentence review board's records retention policies. Parties requesting duplication of any hearing must sub…

(1) The individual may appeal the sanction of the community custody violation hearing. Appeals must be filed with the board within seven days after the individual receives the findings and conclusions.(2) The chair of the board or the chair's designee shall appoint a panel of thr…

(1) If, at any time prior to, or at the beginning of, the violation hearing, the individual or defense counsel raises the issue of the individual's competency, or there is reason to doubt competency, the presiding board member may order an evaluation of competency to be completed…

The purpose of this chapter shall be to ensure compliance by the indeterminate sentence review board with the provisions of the Public Disclosure Act, RCW 42.17.250, in conjunction with the Criminal Records Privacy Act, chapter 10.97 RCW, as well as RCW 9.95.140.[Statutory Author…

(1) "Public records" include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the board regardless of physical form or characteristics.(2) "Writing" means …

Requests for any identifiable public record may be initiated at the central records office of the board during normal business hours.The board shall, at all times, take the most timely possible action on requests for disclosure and shall be required to respond in writing within t…

The chair shall designate a staff member as the public records officer who shall be responsible for implementing the board's rules regarding disclosure of public records, coordination of staff in this regard, and generally insuring compliance by the staff with public records disc…

(1) All requests for the disclosure of a public record must be in writing identifying the record sought with reasonable certainty. The written request should include:(a) The name of the person requesting the record.(b) The calendar date the request was made.(c) The nature of the …

(1) If a client requests disclosure to a representative, this request must be accompanied by a written release signed by the client, except that as an accommodation to the client, and if the legislator or attorney representing the client can provide assurance that the client has …

No fee shall be charged for the inspection of public records.The board shall collect fees, plus postage, to reimburse itself for actual costs incident to providing copies of public records.Nothing contained in this section shall preclude the board from agreeing to exchange or pro…

Public records shall be disclosed only in the presence of a public disclosure coordinator or his or her designee who shall withdraw the records if the person requesting disclosure acts in a manner which will damage or substantially disorganize the records or interfere excessively…

Board staff shall review file material prior to disclosure.If the file does not contain materials exempt from disclosure, board staff shall ensure full disclosure.If the file does contain materials exempt from disclosure, board staff shall exempt those portions of the file and sh…

(1) If the person requesting disclosure disagrees with the decision of board staff denying disclosure of a public record, this person may, at any time, petition the board's executive officer for review of the decision denying disclosure. The form used by board staff to deny discl…

The board reserves the right to determine if a public record requested in accordance with the procedures outlined herein is exempt or nondisclosable under RCW 42.17.250 through 42.17.340. Nondisclosable records include but are not limited to:(1) Personal information in any files …

To the extent that nondisclosable information can be deleted from the specific records sought, the remainder of the records shall be disclosable.No exemptions shall be construed to require nondisclosure of statistical information not descriptive of identifiable persons, as requir…

(1) Unless prohibited by law, information may be disclosed by the board to outside agencies, including other state of Washington agencies, or agencies of other states.(2) Outside agencies receiving information pursuant to subsection (1) of this section shall be thereby subject to…

The board finds it would be unduly burdensome and interfere with agency operations to maintain an index of records because of the complexity and diversity of its operations and the resulting volume of manuals, correspondence, reports, surveys, staff studies, and other materials.T…

The purpose of this chapter is to specify board practice pertaining to the fixing of minimum prison terms. The following regulations set forth procedural guidelines. They do not create procedural or substantive rights in any person, and should not be interpreted or applied in suc…

Chapter 9.95 RCW, RCW 9.95.040, 9.95.009(2).[WSR 91-14-029, § 381-30-020, filed 6/26/91, effective 7/27/91.]

The provisions of this chapter shall apply to persons convicted of felony offenses in the state of Washington under the indeterminate sentencing system and sentenced to confinement in an adult corrections facility; and those officials charged with processing such convicted person…

After July 1, 1986, the minimum term of each offender sentenced, under the indeterminate sentencing system, to a Washington state corrections facility, shall be fixed by the sentencing court in accordance with RCW 9.95.011.[WSR 91-14-029, § 381-30-040, filed 6/26/91, effective 7/…

New minimum terms of parole violators (pursuant to RCW 9.95.125) will be set by the board within thirty days of admission. Factors considered in setting a new minimum term include:(1) The length of time previously incarcerated for the commitment offense from which the individual …

The board does not fix minimum terms for persons sentenced or committed as follows:(1) Sentenced to death;(2) Sentenced to a maximum term of life imprisonment for aggravated murder in the first degree;(3) Sentenced to treason.[WSR 91-14-029, § 381-30-060, filed 6/26/91, effective…

The board shall fix a minimum term for all persons committed to the custody of the department of corrections under a mandatory life sentence (except those committed under a life sentence without the possibility of parole) for a crime or crimes committed prior to July 1, 1984.The …

Pursuant to In Re Phelan, 97 Wn.2d 590 (1983), and State v Phelan, 100 Wn.2d 508 (1983), which direct that time served in a county jail before sentencing should be credited against the discretionary minimum term and the maximum term, the board herein adopts the following policy a…

The board shall require certain documents pertaining to those offenders sentenced to a Washington state correctional facility under the indeterminate system and whose minimum term was fixed by the sentencing court as follows:(1) Original judgment and sentence;(2) Warrant of commi…

The board shall prepare every case thoroughly prior to fixing the new minimum term or establishing the next board action on a case. Preparation includes:(1) Establishing case file;(2) Reviewing all pertinent documents;(3) Scoring all cases to determine the standard range pursuant…

All minimum term decisions will be conducted by a panel of at least two members of the indeterminate sentence review board. All such decisions will be fully supported by reasons for the decision.[WSR 91-14-029, § 381-30-110, filed 6/26/91, effective 7/27/91.]

In those cases where the board panel conducting a minimum term review cannot agree as to the term, a deferred decision shall occur and such cases will be referred to the full board for resolution. No decision will be communicated until all board members have voted. In addition, t…

No member or members of the indeterminate sentence review board shall engage in a personal conference with anyone regarding a convicted and committed person prior to the fixing of a minimum or new minimum term. The board will, however, accept written statements from anyone regard…

New minimum term and minimum term decisions within its jurisdiction will be set by a panel of the board after full administrative review. The board reserves the right to schedule an in-person meeting.In the event of an in-person meeting, the convicted person and such institutiona…

The indeterminate sentence review board shall fix and review minimum terms in accordance with RCW 9.95.040 and 9.95.009(2). Inmates shall be provided in writing the information used in arriving at the minimum term. Inmates wishing to challenge adverse information used by the boar…

The board shall observe RCW 9.92.080, In Re Chapman, 105 Wn.2d 211 (1986) and In Re Irwin, 110 Wn.2d 175 (1988), in fixing concurrent or consecutive sentences in cases where there are multiple convictions.[WSR 91-14-029, § 381-30-160, filed 6/26/91, effective 7/27/91.]