48 chapters · 738 sections in this title.
RCW 9.95.0001 Definitions.
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(1) "Board" means the indeterminate sentence review board.(2) "Community custody" means that portion of an offender's sentence subject to controls including crime-related prohibitions and affirmative conditions from the court, the board, or the department of corrections based on …
RCW 9.95.0002 Transfer of board to department of corrections—Members of board shall exercise independent judgment.
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(1) The indeterminate sentence review board is transferred to the department of corrections.(2)(a) All reports, documents, surveys, books, records, files, papers, or written materials in the possession of the indeterminate sentence review board shall be delivered to the custody o…
RCW 9.95.001 Board of prison terms and paroles redesignated as indeterminate sentence review board.
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On July 1, 1986, the board of prison terms and paroles shall be redesignated the indeterminate sentence review board. The newly designated board shall retain the same membership and staff as the previously designated board of prison terms and paroles. References to "the board" or…
RCW 9.95.002 Board considered parole board.
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The indeterminate sentence review board, in fulfilling its duties under the provisions of chapter 12, Laws of 2001 2nd sp. sess., shall be considered a parole board as that concept was treated in law under the state's indeterminate sentencing statutes.[ 2001 2nd sp.s. c 12 s 363.…
RCW 9.95.003 Appointment of board members—Qualifications—Duties of chair—Salaries and travel expenses—Staffing.
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(1) The board is created within the department. The board shall consist of a chair and four other members, each of whom shall be appointed by the governor with the consent of the senate. Each member shall hold office for a term of five years, and until his or her successor is app…
RCW 9.95.005 Board meetings—Quarters at institutions.
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The board shall meet at major state correctional institutions at such times as may be necessary for a full and complete study of the cases of all convicted persons whose durations of confinement are to be determined by it; whose community custody supervision is under the board's …
RCW 9.95.007 Transaction of board's business in panels—Action by full board.
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The board may meet and transact business in panels. Each board panel shall consist of at least two members of the board. In all matters concerning the internal affairs of the board and policy-making decisions, a majority of the full board must concur in such matters. The chair of…
RCW 9.95.009 Board of prison terms and paroles redesignated indeterminate sentence review board—Continuation of functions.
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(1) On July 1, 1986, the board of prison terms and paroles shall be redesignated as the indeterminate sentence review board. The board's membership shall be reduced as follows: On July 1, 1986, and on July 1st of each year until 1998, the number of board members shall be reduced …
RCW 9.95.010 Court to fix maximum sentence.
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When a person, whose crime was committed before July 1, 1984, is convicted of any felony, except treason, murder in the first degree, or carnal knowledge of a child under ten years, and a new trial is not granted, the court shall sentence such person to the penitentiary, or, if t…
RCW 9.95.011 Minimum terms.
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(1) When the court commits a convicted person to the department of corrections on or after July 1, 1986, for an offense committed before July 1, 1984, the court shall, at the time of sentencing or revocation of probation, fix the minimum term. The term so fixed shall not exceed t…
RCW 9.95.013 Application of sentencing reform act to board decision.
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The board shall apply all of the statutory requirements of RCW 9.95.009(2), requiring decisions of the board to be reasonably consistent with the ranges, standards, and purposes of the sentencing reform act, chapter 9.94A RCW, and the minimum term recommendations of the sentencin…
RCW 9.95.015 Finding of fact or special verdict establishing defendant armed with deadly weapon.
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In every criminal case wherein conviction would require the board to determine the duration of confinement, or the court to make such determination for persons committed after July 1, 1986, for crimes committed before July 1, 1984, and wherein there has been an allegation and evi…
RCW 9.95.017 Criteria for confinement and parole.
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(1) The board shall cause to be prepared criteria for duration of confinement, release on parole, and length of parole for persons committed to prison for crimes committed before July 1, 1984.The proposed criteria should take into consideration RCW 9.95.009(2). Before submission …
RCW 9.95.020 Duties of superintendent of correctional institution.
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If the sentence of a person so convicted is not suspended by the court, the superintendent of a major state correctional institution shall receive such person, if committed to his or her institution, and imprison the person until released under the provisions of this chapter, und…
RCW 9.95.028 Statement of prosecuting attorney provided to department, when.
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It is the intent of the legislature to expedite the inmate classification process of the department of corrections. The statement of the prosecuting attorney regarding a convicted criminal defendant should be prepared and made available to the department at the time the convicted…
RCW 9.95.030 Statement to indeterminate sentence review board.
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At the time the convicted person is transported to the custody of the department of corrections, the indeterminate sentence review board shall obtain from the sentencing judge and the prosecuting attorney, a statement of all the facts concerning the convicted person's crime and a…
RCW 9.95.031 Statement of prosecuting attorney.
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Whenever any person shall be convicted of a crime and who shall be sentenced to imprisonment or confinement in a state correctional facility, it shall be the duty of the prosecuting attorney who prosecuted such convicted person to make a statement of the facts respecting the crim…
RCW 9.95.032 Statement of prosecuting attorney—Delivery of statement.
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Such statement shall be signed by the prosecuting attorney and approved by the judge by whom the judgment was rendered and shall be delivered to the sheriff, traveling guard, department of corrections personnel, or other officer executing the sentence, and a copy of such statemen…
RCW 9.95.040 Terms fixed by board—Minimums for certain cases.
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The board shall fix the duration of confinement for persons committed by the court before July 1, 1986, for crimes committed before July 1, 1984. Within six months after the admission of the convicted person to a state correctional facility, the board shall fix the duration of co…
RCW 9.95.045 Abused victim—Reduction in sentence for murder of abuser—Petition for review.
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(1) An inmate convicted of murder may petition the indeterminate sentence review board to review the inmate's sentence if the petition alleges the following:(a) The inmate was sentenced for a murder committed prior to July 23, 1989, which was the effective date of section 1, chap…
RCW 9.95.047 Abused victim—Considerations of board in reviewing petition.
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(1) If an inmate under the board's jurisdiction files a petition for review under RCW 9.95.045, the board shall review the duration of the inmate's confinement, including review of the minimum term and parole eligibility review dates. The board shall consider whether:(a) The peti…
RCW 9.95.052 Redetermination and refixing of minimum term of confinement.
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At any time after the board (or the court after July 1, 1986) has determined the minimum term of confinement of any person subject to confinement in a state correctional institution for a crime committed before July 1, 1984, the board may request the superintendent of such correc…
RCW 9.95.055 Reduction of sentences during war emergency.
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The indeterminate sentence review board is hereby granted authority, in the event of a declaration by the governor that a war emergency exists, including a general mobilization, and for the duration thereof only, to reduce downward the minimum term, as set by the board, of any in…
RCW 9.95.060 When sentence begins to run.
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When a convicted person seeks appellate review of his or her conviction and is at liberty on bond pending the determination of the proceeding by the supreme court or the court of appeals, credit on his or her sentence will begin from the date such convicted person is returned to …
RCW 9.95.062 Stay of judgment—When prohibited—Credit for jail time pending appeal.
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(1) Notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction, if the court determines by a preponderance of the evidence that:(a) The defendant is likely to flee or to pose a danger to the safety …
RCW 9.95.063 Conviction upon new trial—Former imprisonment deductible.
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If a defendant who has been imprisoned during the pendency of any posttrial proceeding in any state or federal court shall be again convicted upon a new trial resulting from any such proceeding, the period of his or her former imprisonment shall be deducted by the superior court …
RCW 9.95.064 Conditions of release.
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(1) In order to minimize the trauma to the victim, the court may attach conditions on release of an offender under RCW 9.95.062, convicted of a crime committed before July 1, 1984, regarding the whereabouts of the defendant, contact with the victim, or other conditions.(2) Offend…
RCW 9.95.070 Reductions for good behavior.
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(1) Every prisoner, convicted of a crime committed before July 1, 1984, who has a favorable record of conduct at a state correctional institution, and who performs in a faithful, diligent, industrious, orderly and peaceable manner the work, duties, and tasks assigned to him or he…
RCW 9.95.080 Revocation and redetermination of minimum for infractions.
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In case any person convicted of a crime committed before July 1, 1984, and under the jurisdiction of the indeterminate sentence review board undergoing sentence in a state correctional institution commits any infractions of the rules and regulations of the institution, the board …
RCW 9.95.090 Labor required.
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(1) The board shall require of every able bodied offender confined in a state correctional institution for a crime committed before July 1, 1984, as many hours of faithful labor in each and every day during his or her term of imprisonment as shall be prescribed by the rules and r…
RCW 9.95.100 Prisoner released on serving maximum term.
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Any person convicted of a felony committed before July 1, 1984, and undergoing sentence in a state correctional institution, not sooner released under the provisions of this chapter, shall, in accordance with the provisions of law, be discharged from custody on serving the maximu…
RCW 9.95.110 Parole.
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(1) The board may permit an offender convicted of a crime committed before July 1, 1984, to leave the buildings and enclosures of a state correctional institution on parole, after such convicted person has served the period of confinement fixed for him or her by the board, less t…
RCW 9.95.115 Parole of life term prisoners—Crimes committed before July 1, 1984.
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The indeterminate sentence review board is hereby granted authority to parole any person sentenced to the custody of the department of corrections, under a mandatory life sentence for a crime committed before July 1, 1984, except those persons sentenced to life without the possib…
RCW 9.95.116 Duration of confinement—Mandatory life sentences—Crimes committed before July 1, 1984.
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(1) The board shall fix the duration of confinement for persons committed to the custody of the department of corrections under a mandatory life sentence for a crime or crimes committed before July 1, 1984. However, no duration of confinement shall be fixed for those persons comm…
RCW 9.95.120 Suspension, revision of parole—Community corrections officers—Hearing—Retaking violators—Reinstatement.
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Whenever the board or a community corrections officer of this state has reason to believe a person convicted of a crime committed before July 1, 1984, has breached a condition of his or her parole or violated the law of any state where he or she may then be or the rules and regul…
RCW 9.95.121 On-site revocation hearing—Procedure when waived.
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(1) For offenders convicted of crimes committed before July 1, 1984, within fifteen days from the date of notice to the department of corrections of the arrest and detention of the alleged parole violator, he or she shall be personally served by a state community corrections offi…
RCW 9.95.122 On-site revocation hearing—Representation for alleged violators—Compensation.
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(1) At any on-site parole revocation hearing for a person convicted of a crime committed before July 1, 1984, the alleged parole violator shall be entitled to be represented by an attorney of his or her own choosing and at his or her own expense, except, upon the presentation of …
RCW 9.95.123 On-site parole or community custody revocation or violations hearings—Conduct—Witnesses—Subpoenas, enforcement.
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In conducting on-site parole hearings or community custody revocation or violations hearings, the board shall have the authority to administer oaths and affirmations, examine witnesses, receive evidence, and issue subpoenas for the compulsory attendance of witnesses and the produ…
RCW 9.95.124 On-site revocation hearing—Attorney general's recommendations—Procedural rules.
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At all on-site parole revocation hearings for offenders convicted of crimes committed before July 1, 1984, the community corrections officers of the department of corrections, having made the allegations of the violations of the conditions of parole, may be represented by the att…
RCW 9.95.125 On-site parole revocation hearing—Board's decision—Reinstatement or revocation of parole.
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After the on-site parole revocation hearing for a person convicted of a crime committed before July 1, 1984, has been concluded, the members of the board having heard the matter shall enter their decision of record within ten days, and make findings and conclusions upon the alleg…
RCW 9.95.126 On-site revocation hearing—Cooperation in providing facilities.
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All officers and employees of the state, counties, cities and political subdivisions of this state shall cooperate with the board in making available suitable facilities for conducting parole or community custody revocation hearings.[ 2001 2nd sp.s. c 12 s 339; 1969 c 98 s 8.]Not…
RCW 9.95.130 Parole-revoked offender as escapee.
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From and after the suspension, cancellation, or revocation of the parole of any offender convicted of a crime committed before July 1, 1984, and until his or her return to custody the offender shall be deemed an escapee and a fugitive from justice. The indeterminate sentence revi…
RCW 9.95.140 Record of parolees—Privacy—Release of sex offender information—Immunity from liability—Cooperation by officials and employees.
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(1) The board shall cause a complete record to be kept of every prisoner under the jurisdiction of the board released on parole or community custody. Such records shall be organized in accordance with the most modern methods of filing and indexing so that there will be always imm…
RCW 9.95.143 Court-ordered treatment—Required disclosures.
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When an offender receiving court-ordered mental health or chemical dependency treatment or treatment ordered by the department of corrections presents for treatment from a mental health or chemical dependency treatment provider, the offender must disclose to the mental health or …
RCW 9.95.150 Rules and regulations.
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The board shall make all necessary rules and regulations to carry out the provisions of this chapter not inconsistent therewith, and may provide the forms of all documents necessary therefor.[ 1999 c 143 s 26; 1955 c 133 s 16. Prior: 1939 c 142 s 1, part; 1935 c 114 s 4, part; RR…
RCW 9.95.155 Rule making regarding sex offenders.
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See RCW 72.09.337.
RCW 9.95.160 Governor's powers not affected—Revocation of paroles granted by board.
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This chapter shall not limit or circumscribe the powers of the governor to commute the sentence of, or grant a pardon to, any convicted person, and the governor may cancel or revoke the parole granted to any convicted person by the board. The written order of the governor canceli…
RCW 9.95.170 Board to inform itself as to each convict—Records from department of corrections.
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To assist it in fixing the duration of a convicted person's term of confinement, and in fixing the condition for release from custody on parole, it shall not only be the duty of the board to thoroughly inform itself as to the facts of such convicted person's crime but also to inf…
RCW 9.95.190 Application of RCW 9.95.010 through 9.95.170 to inmates previously committed.
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The provisions of RCW 9.95.010 through 9.95.170, inclusive, shall apply to all convicted persons serving time in a state correctional facility for crimes committed before July 1, 1984, to the end that at all times the same provisions relating to sentences, imprisonments, and paro…
RCW 9.95.200 Probation by court—Investigation by secretary of corrections.
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After conviction by plea or verdict of guilty of any crime, the court upon application or its own motion, may summarily grant or deny probation, or at a subsequent time fixed may hear and determine, in the presence of the defendant, the matter of probation of the defendant, and t…