Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter, the following words have the
				following meanings:
"Appeals panel" means three reviewing officers designated by
				the chair of the board or their designee with the authority to review decisions
				made by a board member or hearing officer, and to affirm, reverse, or modify
				decisions and sanctions in accordance with RCW   9.95.435.
"Board" means the members of the indeterminate sentence review
				board.
"Board warning" means a letter served to the individual to
				address alleged violation behavior and notify the individual of consequences of
				violation behavior.
"Business day" means working day.
"Community corrections officer (CCO)" means an employee of the
				department of corrections responsible for carrying out specific duties
				concerning the supervision of individuals and monitoring of sentence
				conditions.
"Community custody" means that portion of an individual's
				sentence served in the community subject to controls placed on the individual's
				movement and activities by the board and supervised by the department of
				corrections.
"Community custody board" means the board when acting in
				relation to individuals who have been released, or are releasable, under RCW
				  9.95.420.
"Department" means the department of corrections.
"Electronically" when used in reference to submission of
				documents to the board, means via facsimile, electronic mail or other generally
				accepted electronic means.
"Graduated sanction system" means structured incremental
				responses designed to reduce risk to the public, effectively intervene in
				noncompliant behavior, where possible, repair harm to the community, and make
				efficient use of limited state resources. The graduated sanction system
				provides the board options for sanctions in response to violations to the
				conditions of supervision and the board may choose a sanction commensurate to
				the violation. Sanctions may include, but are not limited to, work release;
				home detention with electronic monitoring; work crew; community restitution;
				inpatient treatment; daily reporting; curfew; educational or counseling
				sessions; supervision enhanced through electronic monitoring; or any other
				sanctions available in the community; or, may include board warnings,
				stipulated agreements, or suspension or revocation of the release to community
				custody.
"Hearing officer" means a member, employee, or designee of the
				indeterminate sentence review board authorized to preside over community
				custody violation hearings.
"Individual" means any person under the jurisdiction of the
				ISRB pursuant to RCW   9.95.420, 10.95.030, or 9.94A.730.
"ISRB" means the indeterminate sentence review board.
"Juvenile board" means the board when acting in relation to
				individuals who have been released by the board pursuant to RCW   10.95.030 or
				9.94A.730.
"On-site desk" means the board's designee that receives notice
				of violations of community custody conditions and schedules violation
				hearings.
"Presiding officer" means a member, employee or designee of the
				board authorized to act as a hearing officer to preside over community custody
				violation hearings.
"Probable cause" means a determination, made by a hearing
				officer, that there is cause to believe a violation has occurred.
"Stipulated agreement" means an agreement between the
				individual and the board in which the individual admits violations and agrees
				to comply with intermediate sanctions. For the purposes of this subsection,
				"intermediate sanction" means board-imposed sanctions that are served in the
				community rather than total confinement.
"Total confinement" means confinement inside the physical
				boundaries of a facility or institution operated or utilized under contract by
				the state or any other unit of government for 24 hours a day, to include, but
				not be limited to, adult correctional facilities, camp and prerelease
				facilities, or county or municipal jails.
"Victim" means any person who has sustained emotional,
				psychological, physical, or financial injury to person or property as a result
				of the criminal conduct of the individual.
"Working day" means Monday through Friday, 8:00 a.m. to 5:00
				p.m., Pacific Time, except for holidays observed by the state of
				Washington.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-040, filed 3/31/09, effective 5/1/09.