reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-040 - Organization chart

Current through Register Vol. 24-14, July 15, 2024
There shall be an organization chart published by the board which accurately reflects the structure and authority within the agency. The chart will be reviewed by the board semiannually and revised as required.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-040, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-050 - Rules and procedures

Current through Register Vol. 24-14, July 15, 2024
The board shall publish its rules and procedures in the Washington Administrative Code. Changes to the rules shall be published in the Washington State Register and the Washington Administrative Code. The board shall adopt the general administrative policies and public access rules pursuant to the APA, chapter 34.05 RCW. All rules affecting inmates and parolees are exempt from the APA. The designated rules coordinator for the agency is the executive secretary.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-050, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-060 - Office manual

Current through Register Vol. 24-14, July 15, 2024
There shall be an office manual which contains information for staff on internal agency operations. The manual shall be reviewed annually by management for accuracy and completeness, and revisions will be published within fifteen working days of adoption and distributed to all staff.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-060, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-070 - Board shall meet monthly

Current through Register Vol. 24-14, July 15, 2024
The entire board shall meet monthly with staff to discuss policy issues, to communicate instructions, to act on those cases requiring full board consideration, and to schedule its work calendar for the ensuing period of time. The agency's management shall meet not less than monthly to receive and disseminate information and to enhance communication within the organization.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-070, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-080 - Information systems

Current through Register Vol. 24-14, July 15, 2024
In cooperation with the department of corrections, the board will assist in the maintenance and updating of the offender based tracking system (OBTS) in order to accurately record and retrieve data on every case processed by the agency. Such data shall include, but not be limited to, all information necessary for the board to examine its decision-making activities periodically and to assist it in considering the impact of its policies on the criminal justice system and the community.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-080, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-090 - Conference and seminars

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the indeterminate sentence review board to encourage its members and staff to attend conferences and seminars relating to criminal justice; and to participate actively in planning efforts conducted by local, regional, and national correctional organizations.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-090, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-100 - Confidentiality of criminal records

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the indeterminate sentence review board that all agency personnel shall observe the provisions of chapter 10.97 RCW in disseminating criminal record information or research data pertaining thereto.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-100, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-110 - Conviction information

Current through Register Vol. 24-14, July 15, 2024
Conviction information may be disseminated to the public without restriction. Individual members of the indeterminate sentence review board and designated staff are authorized to disclose conviction information to the public.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-110, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-120 - Conflict of interest

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the board that whenever a member or hearing officer has personal knowledge of a case, or a personal interest, or personal acquaintance of the subject person, any of which factors might reasonably be construed as having an influence on the outcome, the member or hearing officer shall withdraw completely from the decision-making process on that case if requested by any party to the proceeding.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 98-19-054, §
										381-10-120, filed 9/15/98, effective 10/16/98; 91-14-028, §
										381-10-120, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-130 - Antidiscrimination policy

Current through Register Vol. 24-14, July 15, 2024
The indeterminate sentence review board, in accordance with federal and state antidiscrimination laws, declares that practices of discrimination against individuals because of race, creed, color, national origin, sex, marital status, sexual orientation, age, religion, or the presence of any sensory, mental, or physical disability, threatens not only the rights and proper privileges of such individuals but also menaces the institutions and foundations of a democratic state. All employees and agents of the Washington state indeterminate sentence review board, in the course of their official duties, shall not discriminate against any individual on the basis of such person's race, creed, color, national origin, sex, marital status, sexual orientation, age, religion, or the presence of any sensory, mental, or physical handicap. This policy also applies to disabled and Vietnam era veterans.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-130, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-140 - Sexual harassment policy

Current through Register Vol. 24-14, July 15, 2024
Pursuant to Executive Order 89-01, the indeterminate sentence review board hereby reaffirms and updates its policy regarding sexual harassment as follows:
It is the public policy of the state to provide and maintain a working environment free from sexual harassment for its employees and all citizens participating in state programs. Sexual harassment is a form of sex discrimination and is an unlawful employment practice under state and federal law.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(1) Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment;
(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Sexual harassment is absolutely prohibited. Any employee of the agency who engages in such activity will be subject to disciplinary action, up to and including termination.
The agency is committed to responding promptly and effectively to sexual harassment concerns and complaints. Any employee who feels that he or she is being sexually harassed should report the behavior immediately to his or her supervisor. If the supervisor is not responsive or if the employee feels uncomfortable talking to their supervisor for any reason, he or she should contact the chair of the board, the personnel representative, or anyone else in the agency with authority to act.
Employees may file a complaint with the Washington state human rights commission as a violation of chapter 49.60 RCW or with the Federal Equal Employment Opportunity Commission as a violation of Title VII of the Civil Rights Act of 1964.
The agency will continue to sponsor periodic training of employees in order to prevent sexual harassment in the workplace.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-140, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-160 - Full board votes

Current through Register Vol. 24-14, July 15, 2024
It shall be the policy of the board that in all decisions that require a vote of the full board, the decisions will not be distributed until all members have voted. Any decision must be by a majority of the full board.
An exception to this policy will be made when a board member is absent from the job and not available for work, i.e., extended illness or on annual leave. In this circumstance, the decision will be distributed when available members have completed their vote. The purpose of this rule is to facilitate timely decision making.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-160, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter shall be to ensure compliance by the indeterminate sentence review board with the provisions of the Public Disclosure Act, RCW  42.17.250, in conjunction with the Criminal Records Privacy Act, chapter 10.97 RCW, as well as RCW  9.95.140.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-20-010, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Public records" include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the board regardless of physical form or characteristics.
(2) "Writing" means handwriting, typewriting, printing, photocopies, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof; and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.
(3) "Board" means the indeterminate sentence review board.
(4) "Client" means any person or organization about whom the board has a record.
(5) "Disclosure" means inspection or copying.
(6) "Denial of disclosure" denotes any exempting from disclosure of any public record.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-20-020, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-030 - Public records available

Current through Register Vol. 24-14, July 15, 2024
Requests for any identifiable public record may be initiated at the central records office of the board during normal business hours.
The board shall, at all times, take the most timely possible action on requests for disclosure and shall be required to respond in writing within ten working days of receipt of the request for disclosure. The board's failure to respond shall entitle the person seeking disclosure to petition the public records officer pursuant to WAC 381-20-100.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-20-030, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-040 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The chair shall designate a staff member as the public records officer who shall be responsible for implementing the board's rules regarding disclosure of public records, coordination of staff in this regard, and generally insuring compliance by the staff with public records disclosure requirements.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-20-040, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-050 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
(1) All requests for the disclosure of a public record must be in writing identifying the record sought with reasonable certainty. The written request should include:
(a) The name of the person requesting the record.
(b) The calendar date the request was made.
(c) The nature of the request.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-060 - Disclosure to client's representative

Current through Register Vol. 24-14, July 15, 2024
(1) If a client requests disclosure to a representative, this request must be accompanied by a written release signed by the client, except that as an accommodation to the client, and if the legislator or attorney representing the client can provide assurance that the client has authorized disclosure, the client's record may be briefly discussed with that legislator or attorney so long as there is neither physical inspection nor copying of client records by that representative. A written release must also include:
(a) The identity of the person(s) or organization(s) to whom disclosure is to be made.
(b) An identification of the record, or portion thereof, to be disclosed.
(c) A statement of when the authorization for disclosure expires.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-070 - Fees - Inspection and copying

Current through Register Vol. 24-14, July 15, 2024
No fee shall be charged for the inspection of public records.
The board shall collect fees, plus postage, to reimburse itself for actual costs incident to providing copies of public records.
Nothing contained in this section shall preclude the board from agreeing to exchange or provide copies of manuals or other public records with other state or federal agencies whenever doing so is in the best interest of the board.
Prepayment of copying costs and postage shall be a prerequisite to copying and mailing of public records.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-20-070, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-080 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
Public records shall be disclosed only in the presence of a public disclosure coordinator or his or her designee who shall withdraw the records if the person requesting disclosure acts in a manner which will damage or substantially disorganize the records or interfere excessively with other essential functions of the board. The section shall not be construed to prevent the board from accommodating a client by use of the mails in the disclosure process.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-20-080, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-090 - Disclosure procedure

Current through Register Vol. 24-14, July 15, 2024
Board staff shall review file material prior to disclosure.
If the file does not contain materials exempt from disclosure, board staff shall ensure full disclosure.
If the file does contain materials exempt from disclosure, board staff shall exempt those portions of the file and shall, at the time of the denial, in writing, clearly specify the reasons for the denial of disclosure, including a statement of the specific exemptions or reasons authorizing the withholding of the record and a brief explanation of how the exemption applies. The remaining nonexempt materials shall be fully disclosed pursuant to this chapter.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 98-19-054, §
										381-20-090, filed 9/15/98, effective 10/16/98; 91-14-028, §
										381-20-090, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-100 - Remedy for review of denial of disclosure

Current through Register Vol. 24-14, July 15, 2024
(1) If the person requesting disclosure disagrees with the decision of board staff denying disclosure of a public record, this person may, at any time, petition the board's executive officer for review of the decision denying disclosure. The form used by board staff to deny disclosure of a public record shall clearly indicate this right of review.
(2) The executive officer shall review decisions denying disclosure in the most prompt fashion possible, and such review shall be deemed completed at the end of the second business day following receipt by the board of the petition for review. This shall constitute final agency action for the purposes of judicial review, pursuant to RCW  42.17.320.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 98-19-054, §
										381-20-100, filed 9/15/98, effective 10/16/98; 91-14-028, §
										381-20-100, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-110 - Exemptions to public records disclosure

Current through Register Vol. 24-14, July 15, 2024
The board reserves the right to determine if a public record requested in accordance with the procedures outlined herein is exempt or nondisclosable under RCW  42.17.250 through 42.17.340. Nondisclosable records include but are not limited to:
(1) Personal information in any files concerning a prisoner, probationer, or parolee to the extent required by RCW  42.17.310(1)(a); however, disclosure may be made to that person or that person's representative, except as otherwise provided by these rules.
(2) Data (including information revealing the identity of persons who file complaints, except as the complainant may authorize) contained in intelligence, investigative, and other related files compiled by investigative, law enforcement, or penology agencies, the state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or the protection of any person's right to privacy. This data is nondisclosable to the extent required by RCW  42.17.310(1)(d) and (e), 10.97.080, chapter 446-20 WAC.
(3) Certain juvenile justice or juvenile care records to the extent required by chapter 13.50 RCW.
(4) Personal information in files maintained for an employee of the board to the extent required by RCW  42.17.310(1)(b).
(5) Deliberative material, as opposed to facts upon which a decision is based, contained in preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended; except that a specific record shall be disclosable when publicly cited by the board in connection with any action to the extent required by RCW  42.17.310(1)(i).
(6) Records which are relevant to a controversy to which the board is a party but which records would not be available to another party to the rules of pretrial discovery for causes pending in the superior courts, including records involving attorney-client communications between the board and the office of the attorney general privileged under RCW  5.60.060(2).
(7) Nonconviction data, as defined in RCW  10.97.030(2), may be disclosed to the subject of the record in person in the central office of the board but may not be copied except for the purpose of challenge or correction when the person who is the subject of the record asserts the belief in writing that the information regarding such person is inaccurate or incomplete. Incarcerated subjects shall be provided with a designation of documents in the board file which contain nonconviction data concerning the subject, per RCW  10.97.080.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-20-110, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-120 - Qualifications on nondisclosure

Current through Register Vol. 24-14, July 15, 2024
To the extent that nondisclosable information can be deleted from the specific records sought, the remainder of the records shall be disclosable.
No exemptions shall be construed to require nondisclosure of statistical information not descriptive of identifiable persons, as required by RCW  42.17.310(2).
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-20-120, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-130 - Interagency disclosure

Current through Register Vol. 24-14, July 15, 2024
(1) Unless prohibited by law, information may be disclosed by the board to outside agencies, including other state of Washington agencies, or agencies of other states.
(2) Outside agencies receiving information pursuant to subsection (1) of this section shall be thereby subject to the same standards of disclosure as are required of the board.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-20-130, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-20 - Public records - Disclosure › Section 381-20-140 - Records index

Current through Register Vol. 24-14, July 15, 2024
The board finds it would be unduly burdensome and interfere with agency operations to maintain an index of records because of the complexity and diversity of its operations and the resulting volume of manuals, correspondence, reports, surveys, staff studies, and other materials.
The board will make available for public disclosure all indices which may, at a future time, be developed for agency use.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-20-140, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to specify board practice pertaining to the fixing of minimum prison terms. 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, §
										381-30-010, filed 11/17/93, effective 8/23/93. 91-14-029, §
										381-30-010, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
Chapter 9.95 RCW, RCW  9.95.040, 9.95.009(2).
91-14-029, §
										381-30-020, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-030 - Scope

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply to persons convicted of felony offenses in the state of Washington under the indeterminate sentencing system and sentenced to confinement in an adult corrections facility; and those officials charged with processing such convicted persons through the adult corrections system.
91-14-029, §
										381-30-030, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-040 - Minimum term

Current through Register Vol. 24-14, July 15, 2024
After July 1, 1986, the minimum term of each offender sentenced, under the indeterminate sentencing system, to a Washington state corrections facility, shall be fixed by the sentencing court in accordance with RCW  9.95.011.
91-14-029, §
										381-30-040, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-050 - New minimum term

Current through Register Vol. 24-14, July 15, 2024
New minimum terms of parole violators (pursuant to RCW  9.95.125)  will be set by the board within thirty days of admission. Factors considered in setting a new minimum term include:
(1) The length of time previously incarcerated for the commitment offense from which the individual is on parole.
(2) The SRA ranges of the original offense from which the individual was on parole.
(3) The original recommendation of the committing judge and prosecuting attorney.
(4) Whether or not the parole violation behavior also resulted in an SRA conviction.
(5) Nature of both the original committing offense and the parole violation behavior.
(6) The requirements of Personal Restraint of Locklear (118 Wn2d 409) and Personal Restraint of Cashaw (123 Wn2d 138).
98-09-045, §
										381-30-050, filed 4/15/98, effective 4/13/98. 92-22-008 §
										381-30-050, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-30-050, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-060 - No minimum term for certain crimes

Current through Register Vol. 24-14, July 15, 2024
The board does not fix minimum terms for persons sentenced or committed as follows:
(1) Sentenced to death;
(2) Sentenced to a maximum term of life imprisonment for aggravated murder in the first degree;
(3) Sentenced to treason.
91-14-029, §
										381-30-060, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-070 - Minimum terms for mandatory life sentences

Current through Register Vol. 24-14, July 15, 2024
The board shall fix a minimum term for all persons committed to the custody of the department of corrections under a mandatory life sentence (except those committed under a life sentence without the possibility of parole) for a crime or crimes committed prior to July 1, 1984.
The minimum term for persons covered by this section shall be fixed within six months after the admission or readmission of the convicted person to the custody of the department of corrections, whichever is later. All hearings will be in-person. At least thirty days prior to the hearing, each convicted person will receive a packet of documents, pursuant to
In Re Sinka
(92 Wn.2d 555, 1979), containing information which the board will consider in setting a minimum term. Information contained in the documents may be refuted in writing prior to the hearing or in-person at the hearing.
At the conclusion of each hearing, the board panel will take a deferred decision. All terms will be established by a full board vote.
92-22-008, §
										381-30-070, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-30-070, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-080 - Pretrial detention applied to minimum terms

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
In Re Phelan,
97 Wn.2d 590 (1983), and
State v Phelan,
100 Wn.2d 508 (1983), which direct that time served in a county jail before sentencing should be credited against the discretionary minimum term and the maximum term, the board herein adopts the following policy and procedure.
County jail time certified by the county of commitment, or a court of competent jurisdiction, shall be credited to the appropriate cause against the inmate's discretionary minimum term, mandatory minimum term, and maximum sentence.
Pursuant to
In Re Knapp,
102 Wn.2d 175 (1984), which holds that time spent in a state mental hospital pursuant to a valid criminal conviction should be credited against the offender's maximum and discretionary minimum sentences, the board herein adopts the following policy and procedure. State mental hospital time, certified by the mental facility in which the offender served or recognized by court of competent jurisdiction, shall be credited to the appropriate cause against the offender's discretionary minimum term, mandatory minimum term, and maximum sentence.
Minimum terms which have not been set will have the sentencing ranges used in the setting of the minimum term adjusted downward to reflect jail time and time spent in a state hospital where properly certified. Adjustments will be made to the cause number for which the time was actually served.
91-14-029, §
										381-30-080, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-090 - Documents required

Current through Register Vol. 24-14, July 15, 2024
The board shall require certain documents pertaining to those offenders sentenced to a Washington state correctional facility under the indeterminate system and whose minimum term was fixed by the sentencing court as follows:
(1) Original judgment and sentence;
(2) Warrant of commitment;
(3) Signed statement of the prosecuting attorney approved by the sentencing judge;
(4) Institution admission summary;
(5) Presentence investigation report or other field reports, if extant;
(6) An accurate certification of credits for presentence and probationary jail time.
The prosecuting attorney of each county and the secretary, department of corrections, are enjoined to provide the applicable aforementioned documents to the board at its offices in Olympia within twenty-one calendar days after the arrival of each convicted person at an adult correctional facility.
91-14-029, §
										381-30-090, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-100 - Case preparation

Current through Register Vol. 24-14, July 15, 2024
The board shall prepare every case thoroughly prior to fixing the new minimum term or establishing the next board action on a case. Preparation includes:
(1) Establishing case file;
(2) Reviewing all pertinent documents;
(3) Scoring all cases to determine the standard range pursuant to RCW 9.94A.040;
(4) Entering data into the offender based tracking system.
The board will take whatever amount of time is necessary for appropriate deliberation and decision on each case.
91-14-029, §
										381-30-100, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-110 - Panel decisions

Current through Register Vol. 24-14, July 15, 2024
All minimum term decisions will be conducted by a panel of at least two members of the indeterminate sentence review board. All such decisions will be fully supported by reasons for the decision.
91-14-029, §
										381-30-110, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-120 - Deferred decisions

Current through Register Vol. 24-14, July 15, 2024
In those cases where the board panel conducting a minimum term review cannot agree as to the term, a deferred decision shall occur and such cases will be referred to the full board for resolution. No decision will be communicated until all board members have voted. In addition, the panel may take a deferred decision in cases where more information is required prior to setting the term.
91-14-029, §
										381-30-120, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-130 - Preminimum term conferences prohibited

Current through Register Vol. 24-14, July 15, 2024
No member or members of the indeterminate sentence review board shall engage in a personal conference with anyone regarding a convicted and committed person prior to the fixing of a minimum or new minimum term. The board will, however, accept written statements from anyone regarding such a convicted committed person.
91-14-029, §
										381-30-130, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-140 - Minimum term decisions

Current through Register Vol. 24-14, July 15, 2024
New minimum term and minimum term decisions within its jurisdiction will be set by a panel of the board after full administrative review. The board reserves the right to schedule an in-person meeting.
In the event of an in-person meeting, the convicted person and such institutional persons as the members conducting the meeting deem appropriate may be present. A limited number of observers may be present by prior approval of the panel members conducting the meeting, provided that the inmate who is the subject of the meeting and the superintendent of the institution where the meeting is to be conducted do not object. However, no family members, friends, relatives, or interested parties shall be present. No attorneys or advocates will be permitted at admissions meetings. The board will accept and consider written statements submitted by individuals expressly excluded from in-person meetings.
91-14-029, §
										381-30-140, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-150 - Minimum term challenges

Current through Register Vol. 24-14, July 15, 2024
The indeterminate sentence review board shall fix and review minimum terms in accordance with RCW  9.95.040 and 9.95.009(2). Inmates shall be provided in writing the information used in arriving at the minimum term. Inmates wishing to challenge adverse information used by the board for just cause may do so in writing to the board through their institution counselor. The burden of proof in refuting such adverse information shall lie with the inmate.
91-14-029, §
										381-30-150, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-160 - Concurrent/consecutive sentences

Current through Register Vol. 24-14, July 15, 2024
The board shall observe RCW  9.92.080,
In Re Chapman,
105 Wn.2d 211 (1986) and
In Re Irwin,
110 Wn.2d 175 (1988), in fixing concurrent or consecutive sentences in cases where there are multiple convictions.
91-14-029, §
										381-30-160, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-170 - Time start

Current through Register Vol. 24-14, July 15, 2024
An individual's sentence will begin on the date the judgment and sentence is signed.
If he is at liberty following the signing of the judgment and sentence, credit on his sentence will begin on the date that his parole was suspended or the date of service, whichever was later, if he was not in custody at the time his parole was suspended.
91-14-029, §
										381-30-170, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-30 - Fixing minimum terms/new minimum terms › Section 381-30-180 - Order of minimum term

Current through Register Vol. 24-14, July 15, 2024
Orders fixing the new minimum term will be signed by the members who fixed the term. The original order will be maintained in the board file and a copy of such order will be mailed to the institution of confinement.
91-14-029, §
										381-30-180, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to specify policies and procedures for the administrative review of an inmate's progress while incarcerated, as well as review of parole eligibility. 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, §
										381-40-010, filed 11/17/93, effective 8/23/93. 91-14-029, §
										381-40-010, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW  9.95.150 and 9.95.009(2).
91-14-029, §
										381-40-020, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-030 - Scope

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply to persons convicted of felony offenses in the state of Washington and sentenced to confinement in an adult correctional facility, whose crimes were committed on or before June 30, 1984, and are therefore subject to the state's jurisdiction under the indeterminate sentencing system, and those officials charged with processing such convicted persons through the adult correctional system.
98-09-045, §
										381-40-030, filed 4/15/98, effective 4/13/98. 91-14-029, §
										381-40-030, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-040 - Progress review

Current through Register Vol. 24-14, July 15, 2024
The board may elect to review each prisoner's progress during confinement. This review will normally be done at intervals of twenty-four months.
The department of corrections may request, in writing, the following:
(1) An advance of the regularly scheduled progress review date;
(2) That the progress review be conducted at an in-person meeting;
(3) That a scheduled progress review be changed to either a parole review or a parolability meeting pursuant to RCW  9.95.100.
98-09-045, §
										381-40-040, filed 4/15/98, effective 4/13/98. 92-22-008, §
										381-40-040, filed 10/21/92, effective 10/19/92. 91-14-029, §
										381-40-040, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-050 - Required documents - Progress reviews

Current through Register Vol. 24-14, July 15, 2024
In order for the board to conduct a progress review on an inmate, the following documents pertaining to that inmate shall be present in the official board file prior to the review.
(1) The institutional progress report covering his or her adjustment, achievement, infractions, and program participation since the last meeting with the board (Form 530X).
(2) Complete furlough report, if applicable.
(3) A current psychological or psychiatric report, if specifically requested by the board in writing to the superintendent.
91-14-029, §
										381-40-050, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-060 - Parole reviews

Current through Register Vol. 24-14, July 15, 2024
At its discretion, the board may elect to meet with selected prisoners prior to parole to consider the parole plan. The board may authorize parole after an administrative review only.
98-09-045, §
										381-40-060, filed 4/15/98, effective 4/13/98. 91-14-029, §
										381-40-060, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-070 - Required documents - Parole reviews

Current through Register Vol. 24-14, July 15, 2024
In order for an inmate to be approved for a parole meeting or an administrative parole decision, the board must first be satisfied that he or she is ready to be considered for release. In addition, the following documents pertaining to the inmate shall be provided by the department of corrections and shall be present in the official board file prior to the meeting or the decision:
(1) The institution progress report covering his or her adjustment, achievement, infractions and program participation since the last meeting with the board.
(2) The institution preparole referral report.
(3) A current preparole investigation report prepared by a community corrections officer.
(4) Certification of good time credits, earned or denied.
In the case of administrative parole, the good time shall be certified through the date of the submission of the preparole referral. The board will assume that all good time is earned from that date until the date of parole. The department of corrections shall notify the board of all infractions and loss of good time which occurs between the date the preparole referral is sent and the date of parole.
(5) A current psychological or psychiatric report, if requested by the board.
95-13-083, §
										381-40-070, filed 6/20/95, effective 6/19/95. 91-14-029, §
										381-40-070, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-080 - Persons present: In-person parole meetings

Current through Register Vol. 24-14, July 15, 2024
The convicted person and such institutional persons as the members conducting the meeting deem appropriate may be present during the parole meeting. A limited number of observers may be present by approval of the panel members conducting the meeting provided that the superintendent of the institution where the meeting is to be conducted does not object. Normally, attorneys or advocates will not be permitted at parole meetings. The board will accept and consider any written statements submitted by individuals expressly excluded from in-person meetings. Exclusion of observers other than those expressly excluded herein shall be had only upon a finding of cause made by the board panel on the hearing record except in cases where the institutional superintendent denies access to the hearing room. The board reserves the right to exclude any person(s) from the room during the conduct of any meeting under this chapter upon its own motion or that of any party to the hearing provided that good cause for such exclusion is articulated on the record. In the event of a language communication problem, an interpreter designated by the board shall be present to interpret and assist. The board will accept information from any interested person in writing.
98-09-045, §
										381-40-080, filed 4/15/98, effective 4/13/98. 91-14-029, §
										381-40-080, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-40 - Procedures for administrative progress and parole reviews › Section 381-40-090 - Good time credits

Current through Register Vol. 24-14, July 15, 2024
RCW  9.95.070 provides that every convicted person who has a favorable record of conduct and who performs the work, duties, and tasks assigned to him to the satisfaction of the superintendent and in whose behalf the superintendent files a report certifying that his conduct and work have been meritorious and recommending allowance of time credits to him shall, upon but not until, the adoption of such recommendation by the board, be allowed time credits from the term of imprisonment fixed by the board. The board will consider granting of good time credits only when certification is received from the superintendent. In every case there shall be a report filed, either certifying good time credits or denying them. This report shall set forth the reasons for the action taken.
91-14-029, §
										381-40-090, filed 6/26/91, effective 7/27/91.