reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-70 - Procedures for conducting parole revocation hearings › Section 381-70-070 - Notice of closure

Current through Register Vol. 24-14, July 15, 2024
Whenever a community corrections officer requests the arrest and detention of a parolee and issues an order of parole suspension and the parolee is not apprehended and detained within a reasonable period of time, the community corrections officer may close his interest with a report which will include the disposition of the unserved suspension warrant. Copies of such report will be forwarded to the board and the attorney general.
91-14-029, §
										381-70-070, 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 381-70-080 - Board to reinstate

Current through Register Vol. 24-14, July 15, 2024
Whenever a community corrections officer suspends, arrests, or detains a parolee, such parolee shall not be reinstated on parole or released from custody on bail or personal recognizance, except by the board and the issuance by the board of an order of reinstatement on parole to the same or modified conditions of parole.
91-14-029, §
										381-70-080, 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 381-70-090 - Administrative reinstatements

Current through Register Vol. 24-14, July 15, 2024
Whenever a community corrections officer has suspended a parole and after investigation determines:
(1) That the alleged violations are unfounded;
(2) That the seriousness of the alleged violations is mitigated by new information; or
(3) Otherwise believes that further custody is deemed unwarranted and a parole revocation hearing is unnecessary;
he shall submit a written request or report with recommendations to the board. The board will accept and act on telephonic reports of the community corrections officer or supervisory personnel pending receipt of the officer's written report within ten working days. The board may exercise the option of administrative reinstatement when not recommended by the supervising community corrections officer, when such reinstatement is consistent with criteria identified within WAC 381-70-030.
91-14-029, §
										381-70-090, 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 381-70-100 - Conditional release pending hearing

Current through Register Vol. 24-14, July 15, 2024
An administrative review of the parole violation report and of information submitted by the alleged violator or his attorney shall be conducted by the board after the parolee has been arrested, to determine probable cause for suspension. If probable cause is found then a determination is made whether the violation requires a revocation hearing, and to determine whether there is reason to allow the parolee to be conditionally released on parole pending the revocation hearing. Such administrative review shall take place within fifteen days after the service of the order of parole suspension, arrest, and detention.
91-14-029, §
										381-70-100, 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 381-70-110 - Board to notify attorney general

Current through Register Vol. 24-14, July 15, 2024
The board shall promptly provide the attorney general with copies of orders of reinstatement on parole issued prior to a parole revocation hearing which has been previously scheduled.
91-14-029, §
										381-70-110, 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 381-70-120 - Service of factual allegations

Current through Register Vol. 24-14, July 15, 2024
Whenever a community corrections officer is notified of the arrest and detention of an alleged parole violator and such alleged parole violator's parole has been suspended, or is suspended by the community corrections officer, the community corrections officer shall personally serve the parolee with a copy of the factual allegations within three working days of the suspension of parole. Such allegations of violation shall be submitted to the board with a copy to the attorney general within twenty-four hours of service.
If, after service of alleged violations as set forth above, additional alleged violations are brought forth by the community corrections officer, the CCO shall personally serve the parolee with a copy of those allegations. The parolee will have ten calendar days from the date of service of those allegations before the board will consider those additional allegations at an on-site parole revocation hearing. The parolee may waive the ten calendar days notice and proceed with those allegations at an already scheduled on-site parole revocation hearing. Such allegations of violation shall be submitted to the board with a copy to the attorney general within twenty-four hours of service.
91-14-029, §
										381-70-120, 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 381-70-130 - Contents of factual allegations

Current through Register Vol. 24-14, July 15, 2024
The factual allegations of the violations of each condition shall include:
(1) The circumstances of violation;
(2) Date of violation or approximation thereof; and
(3) Location or place where violation occurred.
Whenever a parolee is accused of a violation of his parole which includes the commission of, and conviction for, a felony or misdemeanor, the community corrections officer shall request that verification of such conviction be forwarded from the court of conviction to the board.
91-14-029, §
										381-70-130, 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 381-70-140 - Parolee to be advised of rights

Current through Register Vol. 24-14, July 15, 2024
Whenever an alleged parole violator is served with the factual allegation of the violation of the conditions of parole and with an order suspending parole, the community corrections officer shall advise the parolee orally and in writing of his right to an administrative review to determine probable cause and whether there is reason to allow the parolee to be conditionally released pending the revocation hearing. The community corrections officer shall also advise the parolee of his right to an on-site parole revocation hearing, and of his rights and privileges pertaining to each proceeding.
91-14-029, §
										381-70-140, 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 381-70-150 - Rights and privileges relating to administrative review

Current through Register Vol. 24-14, July 15, 2024
The parolee's rights and privileges pertaining to an administrative review are as follows:
(1) An administrative review shall be conducted by a board hearing officer within fifteen days of service of the order of parole suspension, arrest, and detention.
(2) The parolee shall be advised at the time of service of the order of suspension, arrest, and detention that he and his attorney may submit information in writing to the board which shall be considered by the board. Proper forms shall be given the parolee to allow the parolee to submit information concerning family stability, job situation, etc., as well as the opportunity to add whatever additional comments or information that is deemed appropriate.
91-14-029, §
										381-70-150, 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 381-70-170 - Acknowledgment of rights

Current through Register Vol. 24-14, July 15, 2024
Signed copies of the receipt and acknowledgment of these rights shall be forwarded with copies of the factual allegations to the board and the attorney general.
91-14-029, §
										381-70-170, filed 6/26/91, effective 7/27/91.
Reviser's note:
Under RCW  34.05.030(1)(c), as amended 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 381-70-180 - Refusal to acknowledge

Current through Register Vol. 24-14, July 15, 2024
Should the parolee refuse to sign either the violations specified or notification of rights, the community corrections officer shall note the time and place of service. The community corrections officer shall certify that he has fully advised the parolee of his rights under this law.
91-14-029, §
										381-70-180, 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 381-70-190 - Opportunity to waive

Current through Register Vol. 24-14, July 15, 2024
The community corrections officer shall give the parolee opportunity to complete the violations specified and waiver form immediately after the parolee has been advised of the factual allegations of parole violations and advised of his rights.
(1) If the parolee wishes to sign the violations specified and waiver form, the community corrections officer will witness the signature. The original of the completed waiver will be forwarded with the factual alleged violations and signed copy of receipt and acknowledgment of rights to the board with copies to the attorney general.
(2) If the parolee does not wish to admit to one or more violations or sign the waiver, the community corrections officer will so note in the space provided and forward with the factual alleged violations and signed copy of receipt and acknowledgment of rights.
(3) The parolee may sign the violations specified and waiver form at any time up to and including the date and time of his on-site parole revocation hearing.
91-14-029, §
										381-70-190, 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 381-70-200 - Violation report to be submitted by community corrections officer

Current through Register Vol. 24-14, July 15, 2024
The community corrections officer shall submit the report of violation to the board and the attorney general within ten calendar days from the date of service of the factual allegations.
This report will include a list of witnesses whom the parole officer may wish to have called for testimony. It should also include a recommendation whether or not waivers should be accepted by the board.
91-14-029, §
										381-70-200, 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 381-70-210 - Violation report to be submitted by community corrections officer in the event of a waiver

Current through Register Vol. 24-14, July 15, 2024
Notwithstanding a waiver of an on-site parole revocation hearing by the alleged parole violator, the supervising community corrections officer or his designee shall submit a report of violation for consideration by the board.
91-14-029, §
										381-70-210, 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 381-70-220 - Issuance of subpoenas

Current through Register Vol. 24-14, July 15, 2024
The board shall provide to the attorney general and the department of corrections upon request, subpoenas to be completed at the discretion of the attorney general and the department of corrections, provided that such subpoenas are executed without expense to the board.
91-14-029, §
										381-70-220, 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 381-70-230 - Board to schedule hearings

Current through Register Vol. 24-14, July 15, 2024
The board shall schedule all on-site parole revocation hearings and shall provide notice to the alleged parole violator of the time and place of the hearing. Such notice shall also be provided to the department of corrections, the attorney general, and to counsel for the parolee, if known, at least seven days prior to the hearing. The board reserves the right to select and change the place of the on-site parole revocation hearing.
91-14-029, §
										381-70-230, 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 381-70-240 - Service of papers - By whom served

Current through Register Vol. 24-14, July 15, 2024
The board shall cause to be served all notices, orders, and other papers issued by it, personally or by first class mail, together with any other papers which it is required by law to serve. Every other paper shall be served by the party filing it with the board with proof of service, either personally or by affidavit of service by first class mail upon the parties and all counsel.
91-14-029, §
										381-70-240, 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 381-70-250 - Upon whom served

Current through Register Vol. 24-14, July 15, 2024
All papers served and filed by the board, or any party, shall be served upon all counsel of record at the time of such filing and upon parties not represented by counsel.
91-14-029, §
										381-70-250, filed 6/26/91, effective 7/27/91.
Reviser's note:
Under RCW  34.05.030(1)(c), as 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 381-70-260 - Methods of service

Current through Register Vol. 24-14, July 15, 2024
Except as otherwise provided by these rules and RCW  9.95.120 through 9.95.125, service of papers shall be made personally or by first class mail, or registered, or certified, return receipt requested.
91-14-029, §
										381-70-260, 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 381-70-270 - When service complete

Current through Register Vol. 24-14, July 15, 2024
Service upon parties shall be regarded as complete when documents are deposited in the United States mail properly stamped and addressed, or when served personally upon the intended party.
91-14-029, §
										381-70-270, 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 381-70-280 - Filing with the board

Current through Register Vol. 24-14, July 15, 2024
Papers required to be filed with the board shall be deemed filed, upon actual receipt by the board at its offices in Olympia, or by a member at any place within the state accompanied by proof that service was made upon the parties required to be served.
91-14-029, §
										381-70-280, 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 381-70-290 - Subpoenas - Where provided by law - Form

Current through Register Vol. 24-14, July 15, 2024
Every subpoena, where authorized by law, shall state "indeterminate sentence review board," the title of the proceeding, if any, the number assigned and shall command the person to whom it is directed to attend and give testimony or produce designated documents or things under his control at a specified time and place.
91-14-029, §
										381-70-290, 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 381-70-300 - Issuance to parties

Current through Register Vol. 24-14, July 15, 2024
Upon application of counsel for any party to a parole revocation case, there shall be issued to such parties subpoenas requiring the attendance and testimony of witnesses or the production of evidence in such proceeding.
The board may issue subpoenas to a party not represented by counsel upon request and upon showing of general relevance and reasonable scope of testimony or evidence sought.
91-14-029, §
										381-70-300, 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 381-70-310 - Quashing subpoenas

Current through Register Vol. 24-14, July 15, 2024
Upon motion made promptly, and in any event, at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed and upon notice to the party to whom the subpoena was issued, the board or its authorized member may:
(1) Quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter at issue; or
(2) Condition denial of the motion upon just and reasonable conditions.
91-14-029, §
										381-70-310, 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 381-70-320 - Subpoenas - Enforcement

Current through Register Vol. 24-14, July 15, 2024
Upon application and for good cause shown, the board or the member conducting the hearing may seek judicial enforcement of subpoenas in accordance with RCW  9.95.120 through 9.95.125, issued to parties and which have not been quashed.
91-14-029, §
										381-70-320, 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 381-70-330 - Subpoenas - Geographical scope

Current through Register Vol. 24-14, July 15, 2024
Attendance of witnesses and the production of evidence by subpoena may be required from any place in the state of Washington, to any designated place of hearing.
91-14-029, §
										381-70-330, filed 6/26/91, effective 7/27/91.
Reviser's note:
Under RCW  34.05.030(1)(c), as amended 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 381-70-340 - Conducting a hearing - Presiding officer

Current through Register Vol. 24-14, July 15, 2024
All hearings conducted under this chapter shall be heard by a member of the indeterminate sentence review board. It shall be the duty of the member to conduct hearings in cases assigned in an impartial and orderly manner, and he or she shall have the authority, subject to the other provisions of these rules, to:
(1) Administer oaths and affirmations;
(2) Issue subpoenas on request of any party;
(3) Rule on all procedural matters, objections, and motions;
(4) Rule on offers of proof and receive relevant evidence;
(5) Interrogate witnesses called by the parties in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter; and
(6) Take any other action necessary and authorized by these rules and the law.
91-14-029, §
										381-70-340, 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 381-70-350 - Appearance and practice before agency - Who may appear

Current through Register Vol. 24-14, July 15, 2024
No person may appear in a representative capacity before the board or any member thereof at a parole revocation hearing other than the following:
(1) Attorneys at law, qualified and entitled to practice before the supreme court of the state of Washington.
(2) Out-of-state attorneys must comply with Admission to Practice Rule 7 (see Washington Court Rules).
91-14-029, §
										381-70-350, 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 381-70-360 - Standards of ethical conduct

Current through Register Vol. 24-14, July 15, 2024
All persons appearing in parole revocation proceedings before the board or any member thereof in a representative capacity shall conform to the standards of ethical conduct required of attorneys before the courts of the state of Washington. If any such person does not conform to such standards, the board may decline to permit such person to appear in a representative capacity in any proceeding before it or any member thereof.
91-14-029, §
										381-70-360, 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 381-70-370 - Continuances

Current through Register Vol. 24-14, July 15, 2024
Any party to a parole revocation hearing, or his or her counsel, who desires a continuance shall, immediately upon receipt of notice of hearing, or as soon thereafter as circumstances requiring such continuance come to his knowledge, notify the board by telephone followed by a written request stating in detail the reasons why such continuance is necessary.
Requests for continuances shall arrive at the board offices in Olympia not less than seventy-two hours prior to the scheduled hearing. The board or member thereof, in passing upon a request for continuance, shall consider whether such request was promptly and timely made for good cause and whether the parolee will be substantially prejudiced in the presentation of his or her defense. The board may continue a hearing on its own motion if local prosecution is pending or if other circumstances require rescheduling. Appropriate board staff will notify all parties when continuances are granted. During a parole revocation hearing, if it appears in the public interest or in the interest of justice that further testimony or argument should be received, the member or members conducting the hearing may, in their discretion or upon motion of counsel, continue the hearing and fix a date for the introduction of additional evidence or presentation or argument. Such oral notice shall constitute the final notice of such continued hearing.
91-14-029, §
										381-70-370, 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 381-70-380 - Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
In any proceeding, the presiding office, upon his or her own motion or upon the motion of one of the parties or their representatives, may direct the parties to appear at a specified time and place for a conference, or such conference may be immediately prior to the parole revocation proceeding, to consider:
(1) The simplification of the issues;
(2) Necessities of amendments to any of the papers filed with the board;
(3) Possibility of obtaining stipulations, admissions of fact, and of documents;
(4) Limitation of the number of witnesses; and
(5) Such other matters as may aid in the disposition of the proceeding.
91-14-029, §
										381-70-380, 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 381-70-390 - Hearings - Persons present

Current through Register Vol. 24-14, July 15, 2024
Parole revocation hearing shall be open to the public unless the board, for a specifically stated reason, closes the hearing in whole or in part.
91-14-029, §
										381-70-390, filed 6/26/91, effective 7/27/91.
Reviser's note:
Under RCW  34.05.030(1)(c), as amended by section 103, 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 381-70-410 - Hearing record presentation

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 for not less than six months subsequent to the hearing at the offices of the board in Olympia. Parties requesting partial or total duplication of any hearing must submit a request in writing along with blank tapes to receive the copy.
98-09-045, §
										381-70-410, filed 4/15/98, effective 4/13/98. 91-14-029, §
										381-70-410, 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 381-70-420 - New minimum term

Current through Register Vol. 24-14, July 15, 2024
Procedures specified in chapter 381-30 WAC shall be followed in setting new minimum terms for revoked parole violators. Special note should be made of WAC 381-30-050 which requires such terms to be set within thirty days of admission.
Statutory Authority: RCW 34.05.220(1)(b), 42.17.250. 06-05-029, §
										381-70-420, filed 2/7/06, effective 3/10/06. 91-14-029, §
										381-70-420, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-70 - Procedures for conducting parole revocation hearings › Section 381-70-430 - Suspended parole cases

Current through Register Vol. 24-14, July 15, 2024
If a parole violator is returned to a Washington state correctional facility and his or her parole has been suspended but not revoked by the board, the board shall determine if there is sufficient cause for revocation. If not, the violator's parole shall be reinstated and he or she shall be released from confinement under the same or modified conditions of parole.
91-14-029, §
										381-70-430, 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 381-70-440 - Determination of competency

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever, as a preliminary matter to a parole revocation hearing, the parolee or his defense counsel raises the issue of the parolee's competency, or there is reason to doubt his competency, the board member conducting the hearing shall designate at least two qualified experts or professional persons, one of whom shall be approved by the assistant attorney general representing the community corrections officer, or the community corrections officer (if no assistant attorney general is present) to examine and report upon the mental condition of the defendant. For purposes of the examination, the board member may order the defendant committed to a hospital or other suitable facility for a period of time necessary to complete the examination, but not to exceed fifteen days.
A competency examination may be performed by one examiner provided that the examiner is mutually agreeable to all relevant parties and mutual agreement is reached in advance of the examination and the agreement is reduced to written form executed by respective counsel.
(2) The board member hearing the parole revocation hearing may direct that a qualified expert or professional person retained by or appointed for the parolee be permitted to the examinations authorized by the above paragraph and he shall have access to all information obtained by the board appointed experts or professional persons. The defendant's expert or professional persons shall have the right to file his or her own report following the guidelines of subsection (3) of this section. If the parolee is indigent, the board shall, upon request of the defendant, assist him or her in obtaining an expert or professional person.
(3) The report of the examination shall include the following:
(a) A description of the nature of the examination;
(b) A diagnosis of the mental condition of the parolee;
(c) If the parolee suffers from a mental disease or defect, an opinion as to his or her competency;
(d) If the parolee has indicated his or her intention to rely on the fact of his or her incompetency at the time of the specified violations during the dispositional phase of his parole revocation hearing, an opinion as to the parolee's sanity at the time of the act that constituted the specified violation or violations;
(e) When directed by the board, an opinion as to the capacity of the parolee to have a particular state of mind which is an element of the specified violation(s) charged;
(f) An opinion as to whether the parolee is of danger to other persons, or under further control by the board or other persons or institutions.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-80 - Procedures for conditional discharge - Final discharge - Clemency › Section 381-80-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to specify policies and procedures for granting conditional and final discharges from parole supervision and for matters of clemency (pardons, reprieves, commutations). The following regulations set forth procedural guidelines. They do not create 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, §
										381-80-010, filed 11/17/93, effective 8/23/93. 91-14-029, §
										381-80-010, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-80 - Procedures for conditional discharge - Final discharge - Clemency › Section 381-80-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW  9.95.150, 9.96.050, 10.01.120, and 9.95.009(2).
91-14-029, §
										381-80-020, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-80 - Procedures for conditional discharge - Final discharge - Clemency › Section 381-80-030 - Scope

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply to adult offenders convicted of crimes in the state of Washington and sentenced under the indeterminate sentencing laws and those officials charged with the supervision of such offenders.
91-14-029, §
										381-80-030, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-80 - Procedures for conditional discharge - Final discharge - Clemency › Section 381-80-040 - Conditional discharge from parole supervision

Current through Register Vol. 24-14, July 15, 2024
Conditional discharge from supervision is defined as that state of parole where a parolee is no longer required to report to an officer of the department of corrections but is required to observe all laws and make an annual written report to the board. Civil rights lost at the time of conviction are not restored.
When a paroled offender has adequately performed the obligations of his or her release for such time as shall satisfy the indeterminate sentence review board, and his or her conditional discharge from supervision is compatible with the best interests of society and the welfare of the paroled individual, and upon receipt of a report from the community corrections officer, the board may grant a conditional discharge from supervision.
Offenders may be granted a conditional discharge from supervision after a period of active supervision or at the time of parole. Parolees may be required to sign and acknowledge the conditional discharge conditions before the CDFS becomes valid.
In any case where there is a parole suspension no conditional discharge decision will be made until resolution of those allegations.
A full board vote is required to grant a CDFS for any individual convicted of an offense that resulted in a loss of life.
92-22-008, §
										381-80-040, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-80-040, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-80 - Procedures for conditional discharge - Final discharge - Clemency › Section 381-80-050 - Final discharge from parole supervision

Current through Register Vol. 24-14, July 15, 2024
When a paroled offender has adequately performed the obligations of his or her release for a period of three years from the date of parole to the community, the board shall grant a final discharge restoring civil rights, pursuant to chapter 140, Laws of 1993. If the board determines that a final discharge is compatible with the best interests of society and the welfare of the paroled individual, the board may grant a final discharge prior to three years from the date of parole.
Final discharge restoring civil rights is governed by statute (RCW  9.96.050). If granted earlier than three years from the date of parole, full board ratification is required on all cases where the individual was convicted of a crime which resulted in a loss of life.
The right to possess or control firearms is not restored.
In cases where the maximum term has expired, the board may grant a final discharge restoring civil rights if it believes such action is in the best interests of society.
98-09-045, §
										381-80-050, filed 4/15/98, effective 4/13/98. 93-23-077, §
										381-80-050, filed 11/17/93, effective 10/18/93. 92-22-008, §
										381-80-050, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-80-050, filed 6/26/91, effective 7/27/91.