reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-80 - Procedures for conditional discharge - Final discharge - Clemency › Section 381-80-060 - Clemency

Current through Register Vol. 24-14, July 15, 2024
The governor, at his or her discretion, may refer requests for pardons, commutations, etc., to the board for a report and recommendation. The report and recommendation shall be reviewed by and voted on by all available board members prior to its submission to the governor (see RCW  9.95.260).
91-14-029, §
										381-80-060, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to specify policies and procedures for hearings conducted to determine the release of community custody board inmates sentenced under RCW  9.94A.507. The following regulations set forth procedural guidelines. These guidelines 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 or the Washington state 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.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-010, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW  9.95.420 and 9.94A.507.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-020, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-030 - Scope

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply to offenders sentenced under RCW  9.94A.507 and 9.95.420.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-030, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter, the following words have the following meanings:
"Actuarial risk assessment instruments" means the tools used by the department of corrections to assess an inmate's risk of reoffense.
"Board" means the appointed members of the indeterminate sentence review board created under chapter 9.95 RCW.
"Classification counselor" means an employee of the department of corrections responsible for carrying out specific duties concerning the supervision of sentenced offenders in the prison system.
"Community custody" means that portion of an offender's sentence of confinement served in the community subject to the controls placed on the offender's movement and activities by the court, board and department of corrections.
"Department" means the Washington state department of corrections.
"End of sentence review process" means the review and report issued by the end of sentence review committee in compliance with RCW  72.09.340, 72.09.345 and where appropriate RCW  72.09.370.
"In person" means physical presence, or presence via teleconference or videoconference.
"ISRB" means the indeterminate sentence review board.
"Revocation" means a repeal of community custody and a return to prison.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-040, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-050 - Release determination

Current through Register Vol. 24-14, July 15, 2024
(1)RCW  9.95.420 requires that any convicted person sentenced under the provisions of RCW  9.94A.507 shall be subject to a board hearing to determine releasability. The hearing must be held no later than ninety days before the expiration of the minimum term. However the hearing cannot be held unless the board has received:
(a) The results from the end of sentence review process;
(b) Recommendations for conditions of community custody from the department.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-060 - Release determination after community custody revocation

Current through Register Vol. 24-14, July 15, 2024
The board may set a new minimum term if the offender is returned to prison on a revocation. The new minimum term shall not exceed the remaining portion of the sentence. Subsequent release determinations will be conducted as set out in WAC 381-90-050.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-060, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-070 - Conditions of community custody

Current through Register Vol. 24-14, July 15, 2024
Conditions of community custody include those ordered by the court and the board. The conditions are monitored by the department of corrections and enforced by the board.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-070, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-080 - Inmate to be served notice

Current through Register Vol. 24-14, July 15, 2024
The board will send the hearing notice to the institution superintendent/designee in advance of any hearing. The hearing notice shall specify the reason for the hearing, time, date, and place.
(1) Upon receipt of the hearing notice, the superintendent or designee shall serve the inmate with the document.
(2) The original hearing notice is to be signed by the inmate with date of service noted and returned to the board headquarters. The department should retain a copy in the inmate's institutional file and provide a copy to the inmate.
(3) In cases where the inmate refuses to sign the notice, the superintendent or designee shall note the date of service and obtain the signature of a witness to such service.
(4) The inmate will be allowed to review a copy of the end of sentence review report with supporting documents prior to the hearing. The inmate shall sign an acknowledgment form that the documents have been reviewed, noting the date and amount of time spent in review. If an interpreter assisted the offender, the interpreter shall also sign and date the acknowledgment form.
(5) The inmate shall be given the opportunity to make a written statement to the board.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-080, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-090 - 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  9.95.420 shall be advised of their rights at the time(s) he/she is served with a notice of the hearing. The written notice provided by the board will advise the inmate of the following rights:
(1) To participate in a hearing before a panel of the board and to testify under oath. The board may hold the hearing with the inmate in person or via video conferencing;
(2) To submit letters or statements in support of release;
(3) To review the ESRC report and supporting documents prior to the hearing; and
(4) To receive a written decision from the board.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-090, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-100 - 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 member.
At the time of the hearing under the provisions of RCW  9.95.420, the presiding member will determine if the inmate was given proper notice of the hearing, was advised of the reason for the hearing, and was properly advised of their rights.
A limited number of observers may be present by prior approval of the panel members conducting the hearing, provided that the superintendent or designee authorizes such observers in the facility.
The board reserves the right to exclude any person from the room during a hearing 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 member may recess the hearing at any time for consultation with the other panel member(s).
The panel conducting the hearing will submit its recommendation to the full board for final determination.
In the event of a language and/or communication problem, a certified interpreter shall be present to interpret and assist.
The board will accept written information pertaining to the inmate from any interested person.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-100, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-110 - Continuances

Current through Register Vol. 24-14, July 15, 2024
Prior to the hearing, any party may make a written request for continuance. The board may grant continuances of scheduled hearings prior to and during hearings, either in the interest of justice or for good cause.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-110, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-120 - 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 may participate in the hearing. However, in the event the inmate refuses to appear, the board will continue the hearing until the next available docket. The ISRB will notify the inmate that if they refuse to attend the next scheduled hearing, the hearing will be conducted in absentia and the board's decision will be based on all available evidence.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-120, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-130 - Oaths and affirmations

Current through Register Vol. 24-14, July 15, 2024
The presiding member conducting hearings under the provisions of this chapter shall have the authority to administer oaths and affirmations.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-130, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-140 - Admissibility of information

Current through Register Vol. 24-14, July 15, 2024
All relevant information shall be admissible.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-140, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-150 - Disposition

Current through Register Vol. 24-14, July 15, 2024
The board shall make a finding of whether or not it is more likely than not that the inmate will commit another sex offense if released to the community.
A list of factors that the board may consider includes, but is not limited to:
(1) Refusal to participate in available programs or resources designed to assist an inmate to reduce the risk of reoffense (e.g., stress and anger management, victim awareness, substance abuse treatment, sex offender treatment).
(2) Serious and repetitive disciplinary infractions during incarceration.
(3) Evidence of an inmate's continuing intent or propensity to engage in sex offenses.
(4) Statements or declarations by the inmate of intent not to comply with conditions of community custody.
(5) End of sentence review determination based on actuarial assessments identifying risk to sexually reoffend.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-150, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-160 - Statement of decision and reasons

Current through Register Vol. 24-14, July 15, 2024
The board will make a written statement of the decision and reasons in each case heard under the provisions of this chapter.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-160, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-90 - Procedures for conducting hearings for determination of release to community custody › Section 381-90-170 - 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 ISRB in Olympia in compliance with the current record retention schedule. Parties requesting a copy of any hearing must do so in writing. Parties may be required to reimburse the ISRB for the costs involved in duplication.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-90-170, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to specify policies and
				procedures relating to community custody violation 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 Washington Constitution, or state law. 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.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-010, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW   9.95.150, 9.95.420, 10.95.030(2), 9.94A.730, 9.95.425,
				9.95.430, 9.95.435, 9.95.440, 9.94A.507, and 9.95.900.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-020, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-030 - Scope

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply to individuals
				granted community custody from a prison sentence pursuant to RCW   9.95.420,
				10.95.030(2), or 9.94A.730, who are alleged to have violated the conditions of
				their order of release.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-030, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-050 - Intent

Current through Register Vol. 24-14, July 15, 2024
(1) The indeterminate sentence review board
			 will exercise its authority over the individuals under its jurisdiction in a
			 manner that:
(a) Places a high priority on
			 public safety;
(b) Imposes only
			 those reasonable and enforceable conditions of community custody necessary to
			 facilitate the safety of previous victims and potential victims, encourage
			 responsibility, and to assist the individual's lawful reintegration into the
			 community; and
(c) Supports the
			 role and responsibility of the community corrections officer to assist
			 individuals to reenter the community in a law-abiding manner.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-055 - Board notification of alleged violations

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever a CCO becomes aware of an
			 individual's alleged violation behavior, the CCO must notify the ISRB of the
			 alleged violation(s) within one working day. Notification should be submitted
			 electronically.
(2) Notifications
			 are to include:
(a) The factual circumstances
			 of the alleged violation; and
(b)
			 The date of violation or approximation thereof.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-060

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-060, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-070 - Notice of suspension of community custody

Current through Register Vol. 24-14, July 15, 2024
When a community corrections officer becomes aware of an
				individual's arrest by law enforcement or causes the arrest and detention of an
				individual under the jurisdiction of the ISRB, the community corrections
				officer shall suspend the individual's community custody by personally serving
				the order for arrest and detention on the individual within one working day of
				the arrest or becoming aware of arrest, whichever is later. The community
				corrections officer shall electronically submit a copy of the order for arrest
				and detention to the board within one working day of service.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-070, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-080

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-080, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-090 - Administrative reinstatements

Current through Register Vol. 24-14, July 15, 2024
(1) A community
			 corrections officer shall submit a written request for reinstatement or report
			 with recommendations to the ISRB when the officer has caused the arrest and
			 detention of an individual and after investigation determines:
(a) That the alleged violations are
			 unfounded; or
(b) That the
			 seriousness of the alleged violations is mitigated by new information;
			 or
(c) That further custody is
			 unwarranted and a community custody violation hearing is unnecessary.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-100 - Violations specified

Current through Register Vol. 24-14, July 15, 2024
(1)
In
			 custody:
When community custody is suspended by the community
			 corrections officer, the community corrections officer shall cause the
			 individual to be personally served with a copy of the
Violations
			 Specified and Rights and Privileges
forms within three working days of
			 the service of the order for arrest and detention suspending community custody.
			 The CCO shall submit the signed forms electronically to the board within one
			 working day of service.
(2)
Out of custody:
If an out of custody hearing is requested by the
			 community corrections officer and/or ordered by the board, the
Violations Specified
and
Rights and
			 Privileges
forms shall be served on the individual within three
			 working days of notice to the board of the discovery of alleged violations of
			 conditions of supervision occurring in WAC 381-100-055. The CCO shall submit
			 the signed violations specified form electronically to the board within one
			 working day of service.
(3)
New or amended allegations.
If, after service of the
Violations Specified
and
Rights and
			 Privileges
forms as set forth above, the CCO alleges additional
			 violations or changes the existing alleged violations, the CCO shall cause the
			 individual to be personally served with a copy of the new or amended
			 allegations in the form of a new violations specified document. The individual
			 will have two working days from the date of service of the new or amended
			 allegations before the board will consider the allegations. The individual may
			 waive the two working days' notice and proceed with those new or amended
			 allegations at an already scheduled hearing.
(a) The CCO shall electronically submit such
			 new or amended allegations of violation electronically to the board with a copy
			 to the attorney general and defense counsel if applicable, within one working
			 day of service on the individual.
(b) The board will determine probable cause
			 upon receipt of the new or amended allegations of violation(s) pursuant to WAC
			 381-100-110.
(c) The board will not
			 accept new or amended violations later than two working days before the
			 scheduled hearing. If the CCO discovers new or revises the alleged violations
			 less than two working days before the scheduled hearing, the board may choose
			 to:
(i) Schedule a new hearing to address the
			 new alleged violations and allow all parties to review the new
			 information;
(ii) Address any
			 unamended violations in the current hearing and schedule a new hearing to
			 address the amended violations; or
(iii) Pursue the amended violations in the
			 scheduled hearing with agreement from the individual and/or their
			 attorney.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-110 - Probable cause review

Current through Register Vol. 24-14, July 15, 2024
A probable cause review shall be conducted by the board's
				designee within two working days of the board's receipt of the most recent
				signed violations specified form to determine whether probable cause exists to
				believe the alleged violation(s) occurred. A written probable cause finding
				will be issued. If the hearing officer finds probable cause, the hearing
				officer will recommend to the board if the individual should be reinstated,
				conditionally released, or remain in custody pending further action by the
				board.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-110, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-120 - Notice of violation report to be submitted by community corrections officer

Current through Register Vol. 24-14, July 15, 2024
(1) Prior to a
			 hearing, the community corrections officer shall electronically submit the
			 notice of violation report to the board, as well as serve the notice of
			 violation report on the individual, within five working days of serving the
			 violations specified and rights and privileges forms on the
			 individual.
(2) The notice of
			 violation report shall contain the following:
(a) The alleged violations as listed in the
			 violations specified document;
(b)
			 A summary of facts supporting the allegations;
(c) Any mitigating information;
(d) The evidence relating to the violations
			 to be introduced at the hearing; and
(e) A preliminary recommendation for
			 disposition.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-135 - Opportunity to waive hearing

Current through Register Vol. 24-14, July 15, 2024
(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 following:
(a) Reinstate the individual on community
			 custody with the same or modified conditions of supervision;
(b) Impose an appropriate sanction short of
			 revocation; or
(c) Revoke the
			 individual's community custody, enter an order of community custody revocation,
			 and return the individual to prison. A determination of a new minimum sentence
			 shall be made within 30 days of return to state custody.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-130 - Administrative review

Current through Register Vol. 24-14, July 15, 2024
(1) Following
			 receipt of the notice of violation report, a board hearing officer will conduct
			 an administrative review within 15 working days of the board's receiving notice
			 of the individual's alleged violation under WAC 381-100-055 to determine the
			 next board action.
(2) The
			 individual and/or attorney may submit information in writing that the board
			 shall consider in an administrative review within 15 days from the notice of
			 the alleged violations occurring in WAC 381-100-055.
(3) The board will notify the community
			 corrections officer if the next action is to reinstate or conditionally release
			 the individual.
(4) If the next
			 board action is to retain the individual in custody pending a violation
			 hearing, the hearing officer shall:
(a)
			 Appoint defense counsel for the individual.
(i) Prior to the violation hearing, the
			 individual may request appointment of new counsel for good cause, such as
			 appointed counsel's actual conflict of interest, irreconcilable conflict
			 between attorney and the individual, or a complete breakdown in communication
			 between attorney and the individual.
(ii) The individual's loss of confidence in
			 appointed counsel, a disagreement over strategy, or a breakdown in
			 communication caused by the individual is insufficient to constitute good
			 cause;
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-140 - Scheduling community custody violation hearings

Current through Register Vol. 24-14, July 15, 2024
(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 working days prior to the
			 hearing.
(3) In custody hearing:
			 The board shall provide notice to the community corrections officer, the
			 attorney general, and to counsel for the individual, no less than five working
			 days prior to an in-custody violation hearing.
(4) The board reserves the right to select
			 and change the place of the community custody violation hearing.
(5) The CCO will arrange interpreter services
			 for individuals with known language or communication barriers for violation
			 hearings and will provide the information to the board prior to the scheduling
			 of a hearing.
(6) Hearings may be
			 held in person, via telephone or videoconference.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-140, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-150 - Rights and privileges relating to violation hearings

Current through Register Vol. 24-14, July 15, 2024
(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) The board shall
			 notify the individual of the right to:
(a) Be
			 present during the fact finding and disposition phases of the hearing. If the
			 individual waives this right, acts in a persistently disruptive manner during
			 the hearing, or refuses to attend the hearing, the board may conduct the
			 hearing in the absence of the individual and may impose sanctions, including
			 the revocation of community custody;
(b) Have the assistance of an interpreter if
			 the individual has a known language or communications barrier;
(c) Testify or remain silent;
(d) Call witnesses and present documentary
			 evidence subject to the provisions in WAC 381-100-250;
(e) Question witnesses who testify subject to
			 WAC 381-100-250;
(f) Be represented
			 by counsel if revocation of the release to community custody is a probable
			 sanction for the violation, unless the individual waives or forfeits the right
			 to counsel;
(g) Receive a copy of
			 the findings and conclusions;
(h)
			 Receive notice of the right to appeal the sanction to the board; and
(i) Receive notice of the right to file a
			 personal restraint petition.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-160 - Acknowledgment of rights

Current through Register Vol. 24-14, July 15, 2024
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 specified
				or the rights and privileges, the community corrections officer shall witness
				the refusal and note the time and place of service.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-160, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-170 - Discovery

Current through Register Vol. 24-14, July 15, 2024
(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 charged that is intended for introduction at the hearing, and all
			 evidence relevant for the dispositional recommendation at least two working
			 days prior to the scheduled hearing.
(2) The unrepresented individual or defense
			 counsel shall provide to all parties and the board all documentary evidence to
			 be introduced at the hearing at least two working days prior to the scheduled
			 hearing.
(3) The community
			 corrections officer and defense shall provide to all parties a list of
			 witnesses they may wish to call for testimony.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-170, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-180 - Filing with the board

Current through Register Vol. 24-14, July 15, 2024
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  34.05.220(1)(b). 09-08-109, §
										381-100-180, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-190 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(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 board," and the
			 title of the proceeding. The subpoena shall command the person to whom it is
			 directed to appear for testimony, produce designated documents at a specified
			 time and place, or both.
(3)
			 Subpoenas may be issued upon application of any party, provided that such
			 subpoenas are executed without expense to the board.
(4) Quashing subpoenas: 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 quash the subpoena.
(5)
			 Subpoena enforcement: The board may seek judicial enforcement of the subpoena
			 in accordance with RCW   9.95.123, unless the subpoena was quashed.
(6) Geographical scope: Attendance of
			 witnesses and the production of evidence may be required by subpoena from any
			 place in the state of Washington to any designated place of the hearing. The
			 board will consider requests for reasonable accommodations brought to its
			 attention.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-190, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-200 - Hearing procedures-Presiding officer

Current through Register Vol. 24-14, July 15, 2024
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 authority, subject to
				other provisions of these rules and the law, to:
(1) Administer oaths and
			 affirmations;
(2) Issue
			 subpoenas;
(3) Rule on all
			 procedural matters, objections, and motions;
(4) Rule on offers of proof and receive
			 relevant evidence;
(5) Question
			 witnesses to develop any facts deemed necessary to fairly and adequately decide
			 the matter;
(6) Render or defer a
			 decision; and
(7) Take any other
			 action necessary and authorized by these rules and the law.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-200, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-210 - Hearing procedures-Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
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 be held immediately
				prior to the community custody violation hearing. A prehearing conference is
				for the purpose of considering:
(1)
			 Simplification of the issues;
(2)
			 Amendments to any of the materials filed with the board;
(3) Obtaining stipulations, admissions of
			 fact, and documents;
(4) Limiting
			 the number of witnesses; and
(5)
			 Such other matters as may aid in the disposition of the proceeding.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-210, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-220 - Hearing procedures - Presentation of state's case

Current through Register Vol. 24-14, July 15, 2024
A community corrections officer and/or an assistant attorney general shall present the state's case.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-100-220, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-230 - Hearing procedures-Appearance and practice before agency-Who may appear

Current through Register Vol. 24-14, July 15, 2024
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
			 students admitted to practice under the Washington admission and practice
			 rules.
(3) Out-of-state attorneys
			 must comply with the Washington admission and practice rules.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-230, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-240 - Hearing procedures - Standards of ethical conduct

Current through Register Vol. 24-14, July 15, 2024
(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 standards to appear before it or any designee.
Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, §
										381-100-240, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-250 - Hearing procedures-Witnesses

Current through Register Vol. 24-14, July 15, 2024
(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-person
			 appearance for good cause determined by the presiding officer.
(4) Specifically, the presiding officer may
			 exclude a witness from testifying at a hearing or may require a witness to
			 testify outside of the presence of the individual when there is a substantial
			 likelihood that the witness will not be able to give effective, truthful
			 testimony in the individual's presence.
(a) In
			 this circumstance, if the individual is not represented by counsel, they shall
			 be provided the opportunity to submit a list of questions for any witness
			 testifying outside of their presence. This list shall be made part of the
			 hearing record. The presiding officer shall present these questions to the
			 witness on the record to the extent they seek to elicit relevant
			 testimony.
(b) If the individual is
			 represented by counsel, the attorney shall be allowed to question the witness
			 on the record, but outside the presence of the individual.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-260 - Hearing procedures-Continuances

Current through Register Vol. 24-14, July 15, 2024
(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.
(2) Requests for continuances must be
			 received by the board at least one business day prior to the scheduled hearing.
			 The presiding officer shall consider whether the request was timely and made
			 for good cause and whether the individual will be substantially prejudiced in
			 the presentation of their defense.
(3) The board may continue a hearing on its
			 own motion if local prosecution is pending or if other circumstances require
			 rescheduling.
(4) The board will
			 notify all parties when continuances are granted.
(5) During a community custody violation
			 hearing, the presiding officer may, in their discretion or upon motion of a
			 party, continue the hearing for the introduction of additional evidence,
			 presentation or argument.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-260, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-270 - Hearing procedures-Persons present

Current through Register Vol. 24-14, July 15, 2024
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 in part, or limits
				the number of persons that may be present. For in-custody hearings where the
				facility does not allow for virtual public attendance, the public may attend
				dependent on facility rules.
Statutory Authority: RCW  34.05.220(1)(b). 09-08-109, §
										381-100-270, filed 3/31/09, effective 5/1/09.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-100 - Procedures for conducting community custody violation hearings › Section 381-100-280 - Rules of evidence-Admissibility

Current through Register Vol. 24-14, July 15, 2024
(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 evidence 401.
(2) In passing upon admissibility of
			 evidence, the presiding officer shall give consideration to, but shall not be
			 bound to follow, the Washington rules of evidence.
(3) When objection is made to the
			 admissibility of evidence, the evidence may be received subject to a later
			 ruling.
(4) The presiding officer
			 may, in their discretion, either with or without objection, exclude
			 inadmissible evidence, or order cumulative evidence discontinued.
(5) Parties objecting to the introduction of
			 evidence shall state the precise grounds of objection at the time such evidence
			 is offered.
(6) A certified
			 laboratory report or a copy of such shall be admissible without further
			 authentication.
(7) If the sole
			 evidence to support the allegation is hearsay that would be inadmissible in a
			 superior court proceeding and is not substantiated or corroborated, the board
			 shall not enter a finding of guilt.
(8) If the sole evidence presented to
			 substantiate the allegation is the result of a polygraph examination, a finding
			 of guilty shall not be made. The results of polygraph examinations shall not be
			 admissible into evidence at community custody violation hearings unless the
			 parties have stipulated that the polygraph examination be conducted and the
			 results be admissible in community custody violation hearing. Such stipulation
			 may be evidenced by:
(a) Showing that the
			 individual has submitted to a condition of supervision that they submit
			 themselves to polygraph examination at the request of the community corrections
			 officer, and that the results of said examination(s) shall be admissible at a
			 subsequent community custody violation hearing; or
(b) Presenting a written stipulation entered
			 by the individual, signed by the community corrections officer or their
			 designee and by the individual before the polygraph examination in question was
			 taken.