reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-100 - Parole eligibility

Current through Register Vol. 24-14, July 15, 2024
Upon completion of the minimum term, an inmate is eligible to be considered for parole when he or she presents an acceptable parole plan unless the board determines that the inmate is not parolable pursuant to RCW  9.95.100. The board may waive the requirement for a preparole investigation if appropriate.
An acceptable parole plan must include:
(1) Legal means of support (family, friends, job, school, grant, etc.);
(2) Suitable residence;
(3) Agreement to comply with standard or special conditions of parole, if deemed necessary by the board, to aid reintegration into the community and reduce the potential to re-offend.
92-22-008, §
										381-40-100, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-40-100, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-110 - Orders of parole

Current through Register Vol. 24-14, July 15, 2024
(1) The board's order of parole and conditions shall include five standard conditions of parole as follows:
(a) Upon release from the institution, report as instructed to your community corrections officer (or any other person designated) and thereafter make a correct report as often as directed.
(b) Secure written permission of your community corrections officer before leaving the state of Washington.
(c) Obey all laws and abide by any special conditions imposed by the indeterminate sentence review board or any written instructions issued by a community corrections officer of the department of corrections.
(d) At no time purchase, own, have in your possession, or under your control, any firearm or deadly weapon. (Muzzle loading firearms and antique firearms are classified as deadly weapons and may not be owned, possessed by, or under the control of a parolee.)
(e) Submit to a search of your person, residence, vehicle, and possessions whenever requested to by your community corrections officer.
The board may impose additional conditions of parole on a case-by-case basis.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-120 - Length of parole

Current through Register Vol. 24-14, July 15, 2024
Unless specified in statute, the length of active parole supervision will not be established at the time of parole or reinstatement of parole. The board may grant a CDFS at the time of parole.
93-23-077, §
										381-40-120, filed 11/17/93, effective 10/18/93. 92-22-008 §
										381-40-120, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-40-120, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-130 - Deferred decisions

Current through Register Vol. 24-14, July 15, 2024
Normally, the members conducting a case review will make the decision. However, if the panel members cannot reach an agreement, if they wish further information, if they wish a legal opinion, if they wish to give the case further study and consideration, or if they wish to have the full board consider waiver of a mandatory, the board will designate the decision a "deferred decision." The institution of confinement shall be advised in writing of the board's decision as soon as the decision is final.
91-14-029, §
										381-40-130, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-140 - Waiver of mandatory minimum term

Current through Register Vol. 24-14, July 15, 2024
Except when an inmate of an adult correctional institution has been sentenced under a statutorily nonwaivable mandatory, the board may parole an inmate prior to the expiration of a mandatory minimum term, provided such inmate has demonstrated a meritorious effort in rehabilitation and at least two-thirds of the board members concur in such action; provided further, that any inmate who has a mandatory minimum term and is paroled prior to expiration of such term according to this rule and pursuant to RCW  9.95.040, shall not receive a conditional discharge from supervision while on parole until after the mandatory minimum waivable mandatory term has expired. Statutorily nonwaivable mandatory terms include murder first degree, murder second degree, and rape first degree.
The question of waiver of the mandatory minimum term may be referred to the full board by any member of the panel which has been assigned to review the matter. The board will review and consider any recommendation submitted by the superintendent for waiving of a mandatory minimum term:
The resident shall serve a portion of the mandatory term as follows:
(1) Two years if mandatory term is five years;
(2) Three years if mandatory term is seven and one-half years;
(3) Six years if mandatory term is fifteen years;
(4) Eight years if mandatory term is twenty years.
98-09-045, §
										381-40-140, filed 4/15/98, effective 4/13/98. 92-22-008, §
										381-40-140, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-40-140, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-150 - Parole to consecutive sentence

Current through Register Vol. 24-14, July 15, 2024
Upon submission of a certification of good time credits by an institution superintendent, the board may parole to the consecutive cause so that the good time release date of the first cause becomes the time start of the second cause.
91-14-029, §
										381-40-150, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-160 - Parole to detainer or deportation

Current through Register Vol. 24-14, July 15, 2024
A written notice, signed by the superintendent, will be provided to the board as soon as a detainer is lodged and filed against an inmate and copies of all correspondence referring to detainers and all written notices shall be sent immediately to the board. The board's policy regarding detainers is that an individual whose minimum term has been set may be paroled to a detainer on or after his parole eligibility review date (PERD).
If paroled to an immigration detainer, the board may require an alternative board approved parole plan. If released from the immigration detainer, the parolee must report to the nearest division of community corrections office within twenty-four hours.
91-14-029, §
										381-40-160, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to specify policy and procedures relating to disciplinary 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 a manner as to abridge rights already guaranteed by the United States Constitution. The regulations should be interpreted to have sufficient flexibility so as to be consistent with law and to permit the indeterminate sentence review board to accomplish its statutory purposes.
93-23-077, §
										381-50-010, filed 11/17/93, effective 8/23/93. 91-14-029, §
										381-50-010, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW  9.95.080 and 9.95.009(2).
91-14-029, §
										381-50-020, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-030 - Scope

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply to adult offenders sentenced under the indeterminate sentencing law and committed to a period of confinement in a Washington state correctional facility, those state officials charged with their care and supervision, and parties to the hearing.
91-14-029, §
										381-50-030, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-040 - Petition

Current through Register Vol. 24-14, July 15, 2024
Whenever any convicted person sentenced under the indeterminate sentencing law serving sentence in an adult correctional institution commits any infractions of the rules and regulations of the institution, the department of corrections may request, in writing, that the board conduct a disciplinary hearing. The written request shall include:
(1) Time, place, and a statement of the factual circumstances of the rule infraction and any disciplinary action imposed by the institution.
(2) Recommendation of the superintendent.
(3) Evidence of referral to the prosecuting attorney, if such referral is made, in the event of escape or a rule violation of a felonious nature, and current status of referral.
(4) In the event the rule infraction concerns escape, the following additional information shall be provided:
(a) Facts of the escape;
(b) Activities during the escape;
(c) Causes and motivations for escape;
(d) Dates of escape and return to custody;
(e) Evaluation.
In the event that the rule infraction occurs within fifteen days of the inmate's parole date, the board will accept and act on telephonic reports from the superintendent pending receipt of the written request.
The indeterminate sentence review board reserves the right to schedule disciplinary hearings on its own motion when a major rule infraction is brought to the attention of the board.
The decision to schedule a disciplinary hearing will be made by the vote of the full board.
Pursuant to the provisions of RCW  9.95.080, a disciplinary hearing may be characterized as an adversary hearing in that the subject of the hearing shall be present and entitled to be heard and may present evidence and witnesses in his behalf.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-050 - Suspension of parole date

Current through Register Vol. 24-14, July 15, 2024
The board may suspend the parole date of any individual who is scheduled for a disciplinary hearing pending the outcome of the hearing.
91-14-029, §
										381-50-050, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-060 - Inmate to be served notice

Current through Register Vol. 24-14, July 15, 2024
The board will provide to the institution superintendent three copies of a hearing notice for service upon the inmate at least ten working days prior to any hearing scheduled for that inmate pursuant to RCW  9.95.080. The hearing notice shall specify the type, time, and place of the hearing as well as the reason for that hearing. Possible sanctions, including a statement that no sanction shall exceed the maximum term, will also be included in that notice.
(1) Upon receipt of the hearing notice, the superintendent or his designee shall immediately serve the subject inmate with the document.
(2) The original of the hearing notice showing date of service and signed by the inmate shall be returned immediately to the board offices in Olympia. One copy may be retained in the inmate's institutional file and one copy will be provided to the inmate.
(3) In cases where the inmate refuses to sign the notice, the superintendent or his designee shall note the time and place of service and obtain the signature of a witness to such service.
91-14-029, §
										381-50-060, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-070 - Inmate shall be advised of rights

Current through Register Vol. 24-14, July 15, 2024
Each inmate who becomes the subject of a hearing conducted under the provisions of RCW  9.95.080 shall be advised of his rights orally and in writing at the time he is served with a notice of the hearing. The written notice provided by the board will advise the resident that:
(1) He has been accused of a major rule infraction;
(2) The minimum term may be redetermined but not until after a hearing in front of the board where he is present and given the opportunity to be heard under oath and explain the alleged violations to the board;
(3) He will have the right to have an attorney present, but at his own expense.
91-14-029, §
										381-50-070, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-080 - Witnesses

Current through Register Vol. 24-14, July 15, 2024
The subject of any hearing conducted under the provisions of this chapter may call witnesses on his behalf and at his expense. Such witnesses shall appear voluntarily and shall be limited to those persons who have knowledge of, or who have specific testimony about the allegations which caused the hearing to be convened. The superintendent or his designee shall provide assistance to the inmate in notifying witnesses of the time and place of the hearing as requested by the inmate. The presiding officer may, in certain cases, direct the superintendent to make any staff member or prisoner available for testimony.
The board may allow, accept, and consider telephonic testimony. The witness whose testimony is received telephonically shall be telephonically available for cross-examination.
91-14-029, §
										381-50-080, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-090 - Conducting a hearing

Current through Register Vol. 24-14, July 15, 2024
All hearings conducted under the provisions of this chapter shall be conducted by a panel of at least two members of the board. One of the members will serve as the presiding officer.
The panel may question witnesses called to testify at the hearing to develop any facts deemed necessary to render a fair and impartial decision.
Observers may be present at the hearing if prior approval has been granted by the facility superintendent and the inmate who is the subject of the hearing does not object. However, no family members, friends, relatives, or interested parties may be present. The board will accept and consider written statements submitted by individuals expressly excluded from hearings. Exclusion of observers other than those expressly excluded herein shall be by cause articulated on the record by the presiding officer of the board panel conducting the hearing.
91-14-029, §
										381-50-090, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-100 - Continuances

Current through Register Vol. 24-14, July 15, 2024
Continuances may be granted by the board prior to and during hearings conducted under provisions of this chapter, either on its own motion or on petition of the subject of the hearing, provided that such petition is sent to the board in writing immediately upon receipt of the hearing notice and that it specifies the reasons for continuance. Continuances requested during the hearing may be granted by the board panel if it appears in the public interest or in the interest of justice that further testimony or argument should be received.
91-14-029, §
										381-50-100, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-110 - Prehearing conferences

Current through Register Vol. 24-14, July 15, 2024
The presiding officer conducting a hearing under the provisions of this chapter may require the parties to appear at a specified time and place for a conference immediately prior to the hearing to discuss and define procedural matters pertaining to the hearing.
91-14-029, §
										381-50-110, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-120 - Inmate to be present

Current through Register Vol. 24-14, July 15, 2024
The subject of any hearing conducted under the provisions of this chapter shall be present during the conduct of the hearing. However, in the event the subject refuses to appear, the board will continue the hearing until the next scheduled visit by the board to that particular institution. In the event that the subject of the hearing again refuses to appear, then the hearing will be conducted in absentia.
91-14-029, §
										381-50-120, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-130 - Oaths and affirmations

Current through Register Vol. 24-14, July 15, 2024
The presiding officer conducting hearings under the provisions of this chapter shall have the authority to administer oaths and affirmations.
91-14-029, §
										381-50-130, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-140 - Opportunity to waive

Current through Register Vol. 24-14, July 15, 2024
At the time of the disciplinary hearing, it shall be the duty of the presiding officer conducting the hearing to query the inmate and to review the file to determine whether the inmate was given proper notice of the hearing, and was advised of the reason for the hearing, and was properly advised of his or her rights to witnesses. If it is determined that the inmate was not properly served or advised of his or her rights, the inmate shall have the opportunity to:
(1) Waive such rights, orally or in writing, to the board, at which time the hearing would proceed; or
(2) Request a continuance of the hearing until proper services of notice and rights can be perfected.
91-14-029, §
										381-50-140, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-150 - Rules of evidence - Admissibility

Current through Register Vol. 24-14, July 15, 2024
All relevant evidence shall be admissible which, in the opinion of the presiding officer, is the best evidence obtainable, having due regard for its necessity, availability, and trustworthiness. "Relevant evidence" means evidence having a tendency to make the existence of any fact that is of more consequence to the determination of the action more or less probable than it would be without evidence. In passing upon admissibility of evidence, the presiding officer conducting the hearing shall give consideration to, but shall not be bound to follow, the rules of evidence governing civil proceedings in matters not involving trial by jury in the superior courts of the state of Washington.
The presiding officer may, either with or without objection, exclude inadmissible evidence, or order accumulative evidence discontinued. Parties objecting to the introduction of evidence shall state the precise grounds of such objection at the time evidence is offered. If the sole evidence is hearsay that would be inadmissible in a superior court proceeding and is not substantiated or corroborated, or is the result solely of a polygraph examination, a finding of guilty shall not be made.
92-22-008, §
										381-50-150, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-50-150, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-160 - Disposition

Current through Register Vol. 24-14, July 15, 2024
The board panel shall render a decision on each case heard under the provisions of this chapter.
In disciplinary hearings, sanctions may range from no change in the length of sentence to redetermination of the original sentence and imposition of an extension of the term not to exceed the maximum term. Denial of any good time credits, past and future, is optional with the board panel.
91-14-029, §
										381-50-160, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-170 - Statement of findings and conclusions

Current through Register Vol. 24-14, July 15, 2024
The board will make a concise written statement of findings and conclusions in each case heard under the provisions of this chapter.
91-14-029, §
										381-50-170, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-50 - Procedures for conducting disciplinary hearings › Section 381-50-180 - Hearing record preservation

Current through Register Vol. 24-14, July 15, 2024
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 hearing must request such recordings pursuant to the Public Disclosure Act and reimburse the board for the costs involved in such a procedure.
99-07-081, §
										381-50-180, filed 3/18/99, effective 3/15/99; 92-22-008 §
										381-50-180, filed 10/21/92, effective 10/19/92; 91-14-029, §
										381-50-180, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to specify policies and procedures relating to hearings conducted to determine the parolability of certain offenders. 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 a manner as to abridge rights already guaranteed by the United States Constitution. The regulations should be interpreted to have sufficient flexibility so as to be consistent with law and to permit the indeterminate sentence review board to accomplish its statutory purposes.
93-23-077, §
										381-60-010, filed 11/17/93, effective 8/23/93. 91-14-029, §
										381-60-010, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW  9.95.100 and 9.95.009(2).
91-14-029, §
										381-60-020, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-030 - Scope

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply to adult offenders sentenced and committed under the indeterminate sentencing laws committed to a period of confinement in a Washington state correctional facility, those state officials charged with their care and supervision, and parties to the hearing.
91-14-029, §
										381-60-030, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-040 - Petition

Current through Register Vol. 24-14, July 15, 2024
RCW  9.95.100 states that any convicted person undergoing sentence in the penitentiary or reformatory not sooner released under the provisions of this chapter shall, in accordance with the provisions of law, be discharged from custody for the offense of which such person was convicted or the maximum term fixed by the court where the law does not provide for a maximum term. The board shall not, however, until the maximum term expires, release a prisoner unless in its opinion, his rehabilitation has been complete and he is a fit subject for release. Therefore, if, in the opinion of an institution superintendent, any convicted person serving a sentence in an adult correctional institution is not a fit subject for release and is considered to be incapable of succeeding on parole because of incomplete rehabilitation, the department of corrections may request in writing that the board conduct a hearing pursuant to RCW  9.95.100. The written request shall include:
(1) A statement to the board giving reasons why the subject of the request is unable to be paroled;
(2) The institutional progress report covering his or her adjustment, achievement, infractions, and program participation since the last meeting with the board;
(3) Supporting data such as psychiatric or psychological reports;
(4) Other reports and information as necessary.
The board reserves the right to schedule hearings pursuant to RCW  9.95.100 on its own motion.
95-13-083, §
										381-60-040, filed 6/20/95, effective 6/19/95. 91-14-029, §
										381-60-040, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-050 - Suspension of parole date

Current through Register Vol. 24-14, July 15, 2024
The board may suspend the parole date of any individual who is scheduled for a parolability hearing pending the outcome of the hearing.
91-14-029, §
										381-60-050, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-060 - Inmate to be served notice

Current through Register Vol. 24-14, July 15, 2024
The board will provide to the institution superintendent the copies of a hearing notice for service upon the inmate at least ten working days prior to any hearing scheduled for that inmate pursuant to RCW  9.95.100. The hearing notice shall specify the type, time, and place of the hearing as well as the reason for the hearing.
(1) Upon receipt of the hearing notice, the superintendent or his designee shall immediately serve the subject inmate with the document.
(2) The original of the hearing notice showing date of service and signed by the inmate shall be returned immediately to the board offices in Olympia. One copy may be retained in the inmate's institutional file and one copy will be provided to the inmate.
(3) In cases where the inmate refuses to sign the notice, the superintendent or his designee shall note the time and place of service and obtain the signature of a witness to such service.
92-22-008, §
										381-60-060, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-60-060, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-070 - Inmate shall be advised of rights

Current through Register Vol. 24-14, July 15, 2024
Each inmate who becomes the subject of a hearing conducted under the provisions of RCW  9.95.100 shall be advised of his rights, orally and in writing, at the time he is served with a notice of the hearing. The written notice provided by the board will advise the resident that:
(1) His minimum term may be redetermined but not until after a hearing in front of the board where he is present and given the opportunity to be heard under oath;
(2) He will have the right to present evidence and witnesses in his behalf;
(3) He will have the right to have an attorney present, but at his own expense since the board has no funds to pay for attorneys, witness fees, the cost of subpoenas, or any other related costs that may be incurred by the inmate.
91-14-029, §
										381-60-070, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-080 - Witnesses

Current through Register Vol. 24-14, July 15, 2024
The subject of any hearing conducted under the provisions of this chapter may call witnesses on his behalf and at his expense. Such witnesses shall appear voluntarily and shall be limited to those persons who have knowledge of, or have specific testimony about, the factors which may have caused the hearing to be convened. The superintendent or his designee shall provide assistance to the inmate in notifying witnesses of the time and place of the hearing as requested by the inmate. The presiding officer may, in certain cases, direct the superintendent to make any staff member or prisoner available for testimony. For purposes of this section, family members and friends or other interested parties who wish to testify as to disposition may do so in writing. See WAC 381-60-090 for reference.
92-22-008, §
										381-60-080, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-60-080, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-090 - Conducting a hearing

Current through Register Vol. 24-14, July 15, 2024
All hearings conducted under the provisions of this chapter shall be held before a panel of at least two members of the indeterminate sentence review board. One member shall be designated, by decision of the panel, as the presiding officer.
A limited number of observers may be present by prior approval of the panel members conducting the hearing, provided that the superintendent of the institution where the hearing is to be conducted, authorizes observers in the facility. However, no family members, friends, relatives, or interested parties shall be present. The board will accept and consider written statements submitted by individuals expressly excluded from hearings.
Exclusion of observers other than those expressly excluded herein shall be had only upon a finding of cause made by the board panel on the hearing record except in cases where the institutional superintendent denies access to the hearing room. The board reserves the right to exclude any person from the room during the conduct of any hearing under this chapter upon its own motion or the motion of any party to the hearing provided that good cause for such exclusion is articulated on the record. The presiding officer may recess the hearing at any time for consultation with the other panel member(s). The panel may question witnesses called by the parties to the hearing (as well as the subject of the hearing whether called as a witness or not) to develop any facts deemed necessary to render a fair and impartial decision. The panel conducting the hearing will submit its recommendation to the full board for final determination after the hearing as to any change in minimum term. In the event of a language communication problem, an interpreter designated by the board shall be present to interpret and assist. The board will accept information from any interested person in writing.
98-09-045, §
										381-60-090, filed 4/15/98, effective 4/13/98. 92-22-008, §
										381-60-090, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-60-090, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-100 - Continuances

Current through Register Vol. 24-14, July 15, 2024
Continuances may be granted by the board prior to and during hearings conducted under this chapter, either on its own motion or on petition of the subject of the hearing, provided that such petition is sent to the board in writing immediately upon receipt of the hearing notice and that it specifies the reasons for the continuance. Continuances requested during the hearing may be granted by the board panel if it appears in the public interest or in the interest of justice that further testimony or argument should be received.
91-14-029, §
										381-60-100, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-110 - Prehearing conferences

Current through Register Vol. 24-14, July 15, 2024
The presiding officer conducting a hearing under this chapter may require the parties to appear at a specified time and place for a conference immediately prior to the hearing to discuss and define procedural matters pertaining to the hearing.
91-14-029, §
										381-60-110, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-120 - Inmate to be present

Current through Register Vol. 24-14, July 15, 2024
The subject of any hearing conducted under the provisions of this chapter shall be present during the conduct of the hearing. However, in the event the subject refuses to appear, the board will continue the hearing until the next scheduled visit by the board to that particular institution. In the event that the subject of the hearing again refuses to appear, then the hearing will be conducted in absentia.
91-14-029, §
										381-60-120, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-130 - Oaths and affirmations

Current through Register Vol. 24-14, July 15, 2024
The presiding officer conducting hearings under the provisions of this chapter shall have the authority to administer oaths and affirmations.
91-14-029, §
										381-60-130, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-140 - Opportunity to waive

Current through Register Vol. 24-14, July 15, 2024
At the time of the hearing under the provisions of RCW  9.95.100, it shall be the duty of the presiding officer conducting the hearing to query the inmate and to review the file to determine whether the inmate was given proper notice of the hearing, was advised of the reason for the hearing, and was properly advised of his rights to witnesses. If the presiding officer determines that this is not the case, the inmate will be advised that he can:
(1) Waive such rights, orally or in writing to the board, at which time the hearing would proceed; or
(2) Request a continuance of the hearing until proper service of notice and rights can be perfected.
91-14-029, §
										381-60-140, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-150 - Rules of evidence - Admissibility

Current through Register Vol. 24-14, July 15, 2024
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 of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. In passing upon admissibility of evidence, the presiding officer conducting the hearing shall give consideration to, but shall not be bound to follow, the rules of evidence governing civil proceedings in matters not involving trial by jury in the superior courts of the state of Washington. When objection is made to the admissibility of evidence, such evidence may be received subject to a later ruling. The presiding officer may, in his discretion, either with or without objection, exclude inadmissible evidence or order accumulative evidence discontinued. Parties objecting to the introduction of evidence shall state the precise grounds of such objection at the time evidence is offered.
91-14-029, §
										381-60-150, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-160 - Disposition

Current through Register Vol. 24-14, July 15, 2024
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 nonparolability include, but are not limited to:
(1) Active refusal to participate in available program or resources designed to assist an offender to reduce the risk of reoffense (e.g., anger management, substance abuse treatment).
(2) Serious and repetitive disciplinary infractions during incarceration.
(3) Evidence of an inmate's continuing intent or propensity to engage in illegal activity (e.g., victim harassment, criminal conduct while incarcerated, continued use of illegal substances).
(4) Statements or declarations by the inmate that he or she intends to re-offend or does not intend to comply with conditions of parole.
(5) Evidence that an inmate presents a substantial danger to the community if released.
In parolability hearings, actions may range from no change in the length of sentence to redetermination of the original sentence and imposition of an extension of the term not to exceed the maximum term. Good time credits will not be addressed inasmuch as there are no allegations of rule infractions.
98-09-045, §
										381-60-160, filed 4/15/98, effective 4/13/98. 91-14-029, §
										381-60-160, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-170 - Statement of findings and conclusions

Current through Register Vol. 24-14, July 15, 2024
The board will make a concise written statement of findings and conclusions in each case heard under the provisions of this chapter.
91-14-029, §
										381-60-170, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-180 - Hearing record preservation

Current through Register Vol. 24-14, July 15, 2024
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 hearing must request such recordings pursuant to public disclosure and reimburse the board for the costs involved in such a procedure.
98-09-045, §
										381-60-180, filed 4/15/98, effective 4/13/98. 92-22-008, §
										381-60-180, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-60-180, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-60 - Procedures for conducting parolability hearings › Section 381-60-190 - Loss of life policy

Current through Register Vol. 24-14, July 15, 2024
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 determination as to whether or not such individual is parolable. Any affirmative vote must be by the majority of the board. A board panel may schedule a parolability meeting in such cases but will defer any decision until the full board reviews the case and the panel recommendation.
When a loss of life case has a waivable mandatory minimum term, the full board vote on the waiver must be a distinct and separate vote from the full board vote regarding parolability.
92-22-008, §
										381-60-190, filed 10/21/92, effective 10/19/92.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-70 - Procedures for conducting parole revocation hearings › Section 381-70-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
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 a manner as to abridge rights already guaranteed by the United States Constitution. The regulations should be interpreted to have sufficient flexibility so as to be consistent with law and to permit the indeterminate sentence review board to accomplish its statutory purposes.
93-23-077, §
										381-70-010, filed 11/17/93, effective 8/23/93. 91-14-029, §
										381-70-010, 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, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-70 - Procedures for conducting parole revocation hearings › Section 381-70-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW  9.95.120 through 9.95.130 and 9.95.009(2).
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, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-70 - Procedures for conducting parole revocation hearings › Section 381-70-030 - Scope

Current through Register Vol. 24-14, July 15, 2024
(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 parole revocation hearings.
(2) The indeterminate sentence review board will exercise its authority over parolees in a manner that:
(a) Places a high priority on public safety.
(b) Facilitates sentencing system transition consistent with the purposes of the Sentencing Reform Act.
(c) Imposes only those reasonable and enforceable conditions of parole necessary to encourage responsibility, and to assist the offender's lawful reintegration into the community.
(d) Supports the role and responsibility of the community corrections officer to assist offenders to reenter the community in a law abiding manner.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-70 - Procedures for conducting parole revocation hearings › Section 381-70-040 - Notice of arrest

Current through Register Vol. 24-14, July 15, 2024
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 circumstances of the arrest, reason for arrest, and the date the community corrections officer found there is probable cause to believe that the parolee violated one or more conditions of parole. The community corrections officer shall state whether or not an order of suspension, arrest, and detention has been:
(1) Issued, with the approval of a supervisor;
(2) Issued without the supervisor's approval;
(3) Requested but not approved; or
(4) Not requested.
The community corrections officer shall state reasons for subsection (2), (3), or (4) of this section.
91-14-029, §
										381-70-040, 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, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-70 - Procedures for conducting parole revocation hearings › Section 381-70-050 - Notice of suspension

Current through Register Vol. 24-14, July 15, 2024
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.
93-23-077, §
										381-70-050, filed 11/17/93, effective 11/15/93. 91-14-029, §
										381-70-050, 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, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-70 - Procedures for conducting parole revocation hearings › Section 381-70-060 - Notice of suspension and request for arrest

Current through Register Vol. 24-14, July 15, 2024
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.
91-14-029, §
										381-70-060, 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, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.