Washington Administrative Code

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" means evidence having a tendency to make the existence…

The board panel shall render a decision of either parolable or not parolable on each case heard under this chapter. All decisions concerning inmates convicted of murder in the first degree will be made by the full board.Examples of adequate reasons for a finding of nonparolabilit…

The board will make a concise written statement of findings and conclusions in each case heard under the provisions of this chapter.[WSR 91-14-029, § 381-60-170, filed 6/26/91, effective 7/27/91.]

There will be a recording made of all hearings conducted under the provisions of this chapter. Such recordings shall be preserved at the offices of the board in Olympia for not less than six months subsequent to the hearing. Parties requesting partial or total duplication of any …

It shall be the policy of the board that any individual who has ever been convicted of murder first degree, murder second degree, manslaughter, negligent homicide, vehicular homicide, or any other crime resulting in a loss of life shall be referred to the full board for a determi…

The purpose of this chapter is to specify policies and procedures relating to parole revocation hearings. 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 such…

RCW 9.95.120 through 9.95.130 and 9.95.009(2).[WSR 91-14-029, § 381-70-020, filed 6/26/91, effective 7/27/91.]Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act…

(1) The provisions of this chapter shall apply to adult felony offenders granted parole from a Washington prison sentence who are alleged to have violated the terms of their order of parole, those state officials charged with the supervision of such parolees, and parties to parol…

Whenever a community corrections officer is notified of a parolee's arrest, he shall submit a notice of arrest to the board (and the attorney general) within twenty-four hours, excluding weekends and holidays. Such notice shall include a concise but complete statement concerning …

The community corrections officer shall notify the board on-site desk of the suspension of parole by telephone within twenty-four hours of service of the suspension order.[WSR 93-23-077, § 381-70-050, filed 11/17/93, effective 11/15/93. WSR 91-14-029, § 381-70-050, filed 6/26/91,…

Whenever a community corrections officer requests the arrest and detention of a parolee, he shall issue an order suspending said parolee's parole, and submit a copy of the order to the board and the attorney general within twenty-four hours of service.[WSR 91-14-029, § 381-70-060…

Whenever a community corrections officer requests the arrest and detention of a parolee and issues an order of parole suspension and the parolee is not apprehended and detained within a reasonable period of time, the community corrections officer may close his interest with a rep…

Whenever a community corrections officer suspends, arrests, or detains a parolee, such parolee shall not be reinstated on parole or released from custody on bail or personal recognizance, except by the board and the issuance by the board of an order of reinstatement on parole to …

Whenever a community corrections officer has suspended a parole and after investigation determines:(1) That the alleged violations are unfounded;(2) That the seriousness of the alleged violations is mitigated by new information; or(3) Otherwise believes that further custody is de…

An administrative review of the parole violation report and of information submitted by the alleged violator or his attorney shall be conducted by the board after the parolee has been arrested, to determine probable cause for suspension. If probable cause is found then a determin…

The board shall promptly provide the attorney general with copies of orders of reinstatement on parole issued prior to a parole revocation hearing which has been previously scheduled.[WSR 91-14-029, § 381-70-110, filed 6/26/91, effective 7/27/91.]Reviser's note: Under RCW 34.05.0…

Whenever a community corrections officer is notified of the arrest and detention of an alleged parole violator and such alleged parole violator's parole has been suspended, or is suspended by the community corrections officer, the community corrections officer shall personally se…

The factual allegations of the violations of each condition shall include:(1) The circumstances of violation;(2) Date of violation or approximation thereof; and(3) Location or place where violation occurred.Whenever a parolee is accused of a violation of his parole which includes…

Whenever an alleged parole violator is served with the factual allegation of the violation of the conditions of parole and with an order suspending parole, the community corrections officer shall advise the parolee orally and in writing of his right to an administrative review to…

The parolee's rights and privileges pertaining to an administrative review are as follows:(1) An administrative review shall be conducted by a board hearing officer within fifteen days of service of the order of parole suspension, arrest, and detention.(2) The parolee shall be ad…

(1) An alleged parole violator shall be entitled to a fair and impartial hearing of the charges of the parole violation within thirty days of service of suspension in the state of Washington, reasonably near the site of the alleged violation(s).(2) The alleged parole violator sha…

Signed copies of the receipt and acknowledgment of these rights shall be forwarded with copies of the factual allegations to the board and the attorney general.[WSR 91-14-029, § 381-70-170, filed 6/26/91, effective 7/27/91.]Reviser's note: Under RCW 34.05.030 (1)(c), as amended b…

Should the parolee refuse to sign either the violations specified or notification of rights, the community corrections officer shall note the time and place of service. The community corrections officer shall certify that he has fully advised the parolee of his rights under this …

The community corrections officer shall give the parolee opportunity to complete the violations specified and waiver form immediately after the parolee has been advised of the factual allegations of parole violations and advised of his rights.(1) If the parolee wishes to sign the…

The community corrections officer shall submit the report of violation to the board and the attorney general within ten calendar days from the date of service of the factual allegations.This report will include a list of witnesses whom the parole officer may wish to have called f…

Notwithstanding a waiver of an on-site parole revocation hearing by the alleged parole violator, the supervising community corrections officer or his designee shall submit a report of violation for consideration by the board.[WSR 91-14-029, § 381-70-210, filed 6/26/91, effective …

The board shall provide to the attorney general and the department of corrections upon request, subpoenas to be completed at the discretion of the attorney general and the department of corrections, provided that such subpoenas are executed without expense to the board.[WSR 91-14…

The board shall schedule all on-site parole revocation hearings and shall provide notice to the alleged parole violator of the time and place of the hearing. Such notice shall also be provided to the department of corrections, the attorney general, and to counsel for the parolee,…

The board shall cause to be served all notices, orders, and other papers issued by it, personally or by first class mail, together with any other papers which it is required by law to serve. Every other paper shall be served by the party filing it with the board with proof of ser…

All papers served and filed by the board, or any party, shall be served upon all counsel of record at the time of such filing and upon parties not represented by counsel.[WSR 91-14-029, § 381-70-250, filed 6/26/91, effective 7/27/91.]Reviser's note: Under RCW 34.05.030 (1)(c), as…

Except as otherwise provided by these rules and RCW 9.95.120 through 9.95.125, service of papers shall be made personally or by first class mail, or registered, or certified, return receipt requested.[WSR 91-14-029, § 381-70-260, filed 6/26/91, effective 7/27/91.]Reviser's note: …

Service upon parties shall be regarded as complete when documents are deposited in the United States mail properly stamped and addressed, or when served personally upon the intended party.[WSR 91-14-029, § 381-70-270, filed 6/26/91, effective 7/27/91.]Reviser's note: Under RCW 34…

Papers required to be filed with the board shall be deemed filed, upon actual receipt by the board at its offices in Olympia, or by a member at any place within the state accompanied by proof that service was made upon the parties required to be served.[WSR 91-14-029, § 381-70-28…

Every subpoena, where authorized by law, shall state "indeterminate sentence review board," the title of the proceeding, if any, the number assigned and shall command the person to whom it is directed to attend and give testimony or produce designated documents or things under hi…

Upon application of counsel for any party to a parole revocation case, there shall be issued to such parties subpoenas requiring the attendance and testimony of witnesses or the production of evidence in such proceeding.The board may issue subpoenas to a party not represented by …

Upon motion made promptly, and in any event, at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed and upon notice to the party to whom the subpoena was issued, the board or its authorized member may:(1) Quash or modify the …

Upon application and for good cause shown, the board or the member conducting the hearing may seek judicial enforcement of subpoenas in accordance with RCW 9.95.120 through 9.95.125, issued to parties and which have not been quashed.[WSR 91-14-029, § 381-70-320, filed 6/26/91, ef…

Attendance of witnesses and the production of evidence by subpoena may be required from any place in the state of Washington, to any designated place of hearing.[WSR 91-14-029, § 381-70-330, filed 6/26/91, effective 7/27/91.]Reviser's note: Under RCW 34.05.030 (1)(c), as amended …

All hearings conducted under this chapter shall be heard by a member of the indeterminate sentence review board. It shall be the duty of the member to conduct hearings in cases assigned in an impartial and orderly manner, and he or she shall have the authority, subject to the oth…

No person may appear in a representative capacity before the board or any member thereof at a parole revocation hearing other than the following:(1) Attorneys at law, qualified and entitled to practice before the supreme court of the state of Washington.(2) Out-of-state attorneys…

All persons appearing in parole revocation proceedings before the board or any member thereof in a representative capacity shall conform to the standards of ethical conduct required of attorneys before the courts of the state of Washington. If any such person does not conform to …

Any party to a parole revocation hearing, or his or her counsel, who desires a continuance shall, immediately upon receipt of notice of hearing, or as soon thereafter as circumstances requiring such continuance come to his knowledge, notify the board by telephone followed by a wr…

In any proceeding, the presiding office, upon his or her own motion or upon the motion of one of the parties or their representatives, may direct the parties to appear at a specified time and place for a conference, or such conference may be immediately prior to the parole revoca…

Parole revocation hearing shall be open to the public unless the board, for a specifically stated reason, closes the hearing in whole or in part.[WSR 91-14-029, § 381-70-390, filed 6/26/91, effective 7/27/91.]Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, …

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" means evidence having a tendency to make the determinat…

There will be a recording made of all hearings conducted under the provisions of this chapter. Such recordings shall be preserved for not less than six months subsequent to the hearing at the offices of the board in Olympia. Parties requesting partial or total duplication of any …

Procedures specified in chapter 381-30 WAC shall be followed in setting new minimum terms for revoked parole violators. Special note should be made of WAC 381-30-050 which requires such terms to be set within thirty days of admission.[Statutory Authority: RCW 34.05.220 (1)(b), 42…

If a parole violator is returned to a Washington state correctional facility and his or her parole has been suspended but not revoked by the board, the board shall determine if there is sufficient cause for revocation. If not, the violator's parole shall be reinstated and he or s…

(1) Whenever, as a preliminary matter to a parole revocation hearing, the parolee or his defense counsel raises the issue of the parolee's competency, or there is reason to doubt his competency, the board member conducting the hearing shall designate at least two qualified expert…

The purpose of this chapter is to specify policies and procedures for granting conditional and final discharges from parole supervision and for matters of clemency (pardons, reprieves, commutations). The following regulations set forth procedural guidelines. They do not create pr…