RCW 9.94A.730
Early release for persons convicted of one or more crimes committed prior to eighteenth birthday—Petition to indeterminate sentence review board—Conditions—Assessment, programming, and services—Examination—Hearing—Supervision—Denial of petition.
(1) Notwithstanding any other provision of this chapter, any person convicted of one or more crimes committed prior to the person's eighteenth birthday may petition the indeterminate sentence review board for early release after serving no less than twenty years of total confinement, provided the person has not been convicted for any crime committed subsequent to the person's eighteenth birthday, the person has not committed a disqualifying serious infraction as defined by the department in the twelve months prior to filing the petition for early release, and the current sentence was not imposed under RCW 10.95.030 or 9.94A.507.
(2) No later than five years prior to the date the offender will be eligible to petition for release, the department shall conduct an assessment of the offender and identify programming and services that would be appropriate to prepare the offender for return to the community. To the extent possible, the department shall make programming available as identified by the assessment.
(3) No later than one hundred eighty days from receipt of the petition for early release, the department shall conduct, and the offender shall participate in, an examination of the person, incorporating methodologies that are recognized by experts in the prediction of dangerousness, and including a prediction of the probability that the person will engage in future criminal behavior if released on conditions to be set by the board. The board may consider a person's failure to participate in an evaluation under this subsection in determining whether to release the person. The board shall order the person released under such affirmative and other conditions as the board determines appropriate, unless the board determines by a preponderance of the evidence that, despite such conditions, it is more likely than not that the person will commit new criminal law violations if released. The board shall give public safety considerations the highest priority when making all discretionary decisions regarding the ability for release and conditions of release.
(4) In a hearing conducted under subsection (3) of this section, the board shall provide opportunities for victims and survivors of victims of any crimes for which the offender has been convicted to present statements as set forth in RCW 7.69.032. The procedures for victim and survivor of victim input shall be provided by rule. To facilitate victim and survivor of victim involvement, county prosecutor's offices shall ensure that any victim impact statements and known contact information for victims of record and survivors of victims are forwarded as part of the judgment and sentence.
(5) An offender released by the board is subject to the supervision of the department for a period of time to be determined by the board, up to the length of the court-imposed term of incarceration. The department shall monitor the offender's compliance with conditions of community custody imposed by the court or board and promptly report any violations to the board. Any violation of conditions of community custody established or modified by the board are subject to the provisions of RCW 9.95.425 through 9.95.440.
(6) An offender whose petition for release is denied may file a new petition for release five years from the date of denial or at an earlier date as may be set by the board.
(7) An offender released under the provisions of this section may be returned to the institution at the discretion of the board if the offender is found to have violated a condition of community custody. The offender is entitled to a hearing pursuant to RCW 9.95.435. If the board finds that the offender has committed a new violation, the board may return the offender to the institution for up to the remainder of the court-imposed term of incarceration. The offender may file a new petition for release five years from the date of return to the institution or at an earlier date as may be set by the board.
[ 2015 c 134 § 6; 2014 c 130 § 10.]
NOTES:
Effective date—2015 c 134: See note following RCW 9.94A.501.
Effective date—2014 c 130: See note following RCW 9.94A.510.
Structure Revised Code of Washington
Title 9 - Crimes and Punishments
Chapter 9.94A - Sentencing Reform Act of 1981.
9.94A.015 - Finding—Intent—2000 c 28.
9.94A.035 - Classification of felonies not in Title 9A RCW.
9.94A.171 - Tolling of term of confinement, supervision.
9.94A.190 - Terms of more than one year or less than one year—Where served—Reimbursement of costs.
9.94A.340 - Equal application.
9.94A.411 - Evidentiary sufficiency.
9.94A.421 - Plea agreements—Discussions—Contents of agreements.
9.94A.431 - Plea agreements—Information to court—Approval or disapproval—Sentencing judge not bound.
9.94A.441 - Plea agreements—Criminal history.
9.94A.450 - Plea dispositions.
9.94A.460 - Sentence recommendations.
9.94A.475 - Plea agreements and sentences for certain offenders—Public records.
9.94A.480 - Judgment and sentence document—Delivery to caseload forecast council.
9.94A.501 - Department must supervise specified offenders—Risk assessment of felony offenders.
9.94A.502 - Domestic violence risk assessment tool.
9.94A.506 - Standard sentence ranges—Limitations.
9.94A.507 - Sentencing of sex offenders.
9.94A.510 - Table 1—Sentencing grid.
9.94A.515 - Table 2—Crimes included within each seriousness level.
9.94A.517 - Table 3—Drug offense sentencing grid.
9.94A.518 - Table 4—Drug offenses seriousness level.
9.94A.520 - Offense seriousness level.
9.94A.530 - Standard sentence range.
9.94A.533 - Adjustments to standard sentences.
9.94A.535 - Departures from the guidelines.
9.94A.537 - Aggravating circumstances—Sentences above standard range.
9.94A.540 - Mandatory minimum terms.
9.94A.555 - Findings and intent—1994 c 1.
9.94A.561 - Offender notification and warning.
9.94A.562 - Court-ordered treatment—Required notices.
9.94A.565 - Governor's powers.
9.94A.570 - Persistent offenders.
9.94A.575 - Power to defer or suspend sentences abolished—Exceptions.
9.94A.580 - Specialized training.
9.94A.585 - Which sentences appealable—Procedure—Grounds for reversal—Written opinions.
9.94A.589 - Consecutive or concurrent sentences.
9.94A.595 - Anticipatory offenses.
9.94A.599 - Presumptive ranges that exceed the statutory maximum.
9.94A.603 - Felony alcohol violators—Treatment during incarceration—Conditions.
9.94A.607 - Chemical dependency.
9.94A.6331 - Sanctions—Where served.
9.94A.6332 - Sanctions—Which entity imposes.
9.94A.6333 - Sanctions—Modification of sentence—Noncompliance hearing.
9.94A.640 - Vacation of offender's record of conviction.
9.94A.647 - Resentencing—Persistent offenders—Robbery in the second degree.
9.94A.650 - First-time offender waiver.
9.94A.655 - Parenting sentencing alternative.
9.94A.6551 - Partial confinement as a part of a parenting program.
9.94A.660 - Drug offender sentencing alternative—Prison-based or residential alternative.
9.94A.662 - Prison-based drug offender sentencing alternative.
9.94A.664 - Residential substance use disorder treatment-based alternative.
9.94A.670 - Special sex offender sentencing alternative.
9.94A.680 - Alternatives to total confinement.
9.94A.690 - Work ethic camp program—Eligibility—Sentencing.
9.94A.695 - Mental health sentencing alternative.
9.94A.701 - Community custody—Offenders sentenced to the custody of the department.
9.94A.702 - Community custody—Offenders sentenced for one year or less.
9.94A.703 - Community custody—Conditions.
9.94A.704 - Community custody—Supervision by the department—Conditions.
9.94A.706 - Community custody—Possession of firearms, ammunition, or explosives prohibited.
9.94A.707 - Community custody—Commencement—Conditions.
9.94A.708 - Community custody—Mental health information—Access by department.
9.94A.709 - Community custody—Sex offenders—Conditions.
9.94A.711 - Community custody—Motor vehicle-related felonies—Sentencing—Report.
9.94A.716 - Community custody—Violations—Arrest.
9.94A.717 - Community custody—Supervision compliance credit.
9.94A.718 - Supervision of offenders—Peace officers have authority to assist.
9.94A.722 - Court-ordered treatment—Required disclosures.
9.94A.723 - Court-ordered treatment—Offender's failure to inform.
9.94A.725 - Offender work crews.
9.94A.728 - Release prior to expiration of sentence.
9.94A.7281 - Legislative declaration—Earned release time not an entitlement.
9.94A.729 - Earned release time—Risk assessments.
9.94A.731 - Term of partial confinement, work release, home detention.
9.94A.733 - Home detention—Graduated reentry program—Requirements for department.
9.94A.734 - Home detention—Conditions.
9.94A.735 - Home detention—Form order.
9.94A.740 - Community custody violators—Arrest, detention, financial responsibility.
9.94A.745 - Interstate compact for adult offender supervision.
9.94A.74502 - Compact administrator.
9.94A.74503 - Other compacts and agreements—Withdrawal from current compact.
9.94A.74504 - Supervision of transferred offenders—Processing transfer applications.
9.94A.74505 - Review of obligations under compact—Report to legislature.
9.94A.753 - Restitution—Application dates.
9.94A.760 - Legal financial obligations.
9.94A.7601 - "Earnings," "disposable earnings," and "obligee" defined.
9.94A.7602 - Legal financial obligation—Notice of payroll deduction—Issuance and content.
9.94A.7603 - Legal financial obligations—Payroll deductions—Maximum amounts withheld, apportionment.
9.94A.7605 - Motion to quash, modify, or terminate payroll deduction—Grounds for relief.
9.94A.7606 - Legal financial obligations—Order to withhold and deliver—Issuance and contents.
9.94A.7609 - Legal financial obligations—Notice of debt—Service or mailing—Contents—Action on, when.
9.94A.7701 - Legal financial obligations—Wage assignments—Petition or motion.
9.94A.7702 - Legal financial obligations—Wage assignments—Answer.
9.94A.7703 - Legal financial obligations—Wage assignments—Amounts to be withheld.
9.94A.7704 - Legal financial obligations—Wage assignments—Rules.
9.94A.7705 - Legal financial obligations—Wage assignments—Employer responsibilities.
9.94A.7706 - Legal financial obligations—Wage assignments—Form and rules.
9.94A.7707 - Legal financial obligations—Wage assignments—Service.
9.94A.7708 - Legal financial obligations—Wage assignments—Hearing—Scope of relief.
9.94A.7709 - Legal financial obligations—Wage assignments—Recovery of costs, attorneys' fees.
9.94A.772 - Legal financial obligations—Monthly payment, starting dates—Construction.
9.94A.775 - Legal financial obligations—Termination of supervision—Monitoring of payments.
9.94A.777 - Legal financial obligations—Defendants with mental health conditions.
9.94A.810 - Transition and relapse prevention strategies.
9.94A.820 - Sex offender treatment in the community.
9.94A.825 - Deadly weapon special verdict—Definition.
9.94A.827 - Methamphetamine—Manufacturing with child on premises—Special allegation.
9.94A.831 - Special allegation—Assault of law enforcement personnel with a firearm—Procedures.
9.94A.833 - Special allegation—Involving minor in felony offense—Procedures.
9.94A.834 - Special allegation—Endangerment by eluding a police vehicle—Procedures.
9.94A.835 - Special allegation—Sexual motivation—Procedures.
9.94A.836 - Special allegation—Offense was predatory—Procedures.
9.94A.837 - Special allegation—Victim was under fifteen years of age—Procedures.
9.94A.838 - Special allegation—Victim had diminished capacity—Procedures.
9.94A.839 - Special allegation—Sexual conduct with victim in return for a fee—Procedures.
9.94A.840 - Sex offenders—Release from total confinement—Notification of prosecutor.
9.94A.843 - Sex offenders—Release of information—Immunity.
9.94A.844 - Sex offenders—Discretionary decisions—Immunity.
9.94A.8445 - Community protection zones—Preemption of local regulations—Retrospective application.
9.94A.846 - Sex offenders—Release of information.
9.94A.865 - Standard sentence ranges—Revisions or modifications—Submission to legislature.
9.94A.8673 - Sex offender policy board—Membership—Expenses and compensation.
9.94A.868 - Sex offender policy board—Quarterly meetings.
9.94A.870 - Emergency due to inmate population exceeding correctional facility capacity.
9.94A.875 - Emergency in county jails population exceeding capacity.
9.94A.880 - Clemency and pardons board—Membership—Terms—Chair—Bylaws—Travel expenses—Staff.
9.94A.885 - Clemency and pardons board—Petitions for review—Hearing.
9.94A.890 - Abused victim—Resentencing for murder of abuser.
9.94A.921 - Effective date—2000 c 28.
9.94A.925 - Application—2003 c 379 §§ 13-27.
9.94A.926 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.