RCW 9.95.011
Minimum terms.
(1) When the court commits a convicted person to the department of corrections on or after July 1, 1986, for an offense committed before July 1, 1984, the court shall, at the time of sentencing or revocation of probation, fix the minimum term. The term so fixed shall not exceed the maximum sentence provided by law for the offense of which the person is convicted.
The court shall attempt to set the minimum term reasonably consistent with the purposes, standards, and sentencing ranges under chapter 9.94A RCW of the sentencing reform act, but the court is subject to the same limitations as those placed on the board under RCW 9.92.090, 9.95.040 (1) through (4), 9.95.115, 9A.32.040, 9A.44.045, and chapter 69.50 RCW. The court's minimum term decision is subject to review to the same extent as a minimum term decision by the parole board before July 1, 1986.
Thereafter, the expiration of the minimum term set by the court minus any time credits earned under RCW 9.95.070 and 9.95.110 constitutes the parole eligibility review date, at which time the board may consider the convicted person for parole under RCW 9.95.100 and 9.95.110 and chapter 72.04A RCW. Nothing in this section affects the board's authority to reduce or increase the minimum term, once set by the court, under RCW 9.95.040, 9.95.052, 9.95.055, 9.95.070, 9.95.080, 9.95.100, 9.95.115, 9.95.125, or 9.95.047.
(2)(a) Except as provided in (b) of this subsection, not less than ninety days prior to the expiration of the minimum term of a person sentenced under RCW 9.94A.507, for a sex offense committed on or after September 1, 2001, less any time credits permitted by statute, the board shall review the person for conditional release to community custody as provided in RCW 9.95.420. If the board does not release the person, it shall set a new minimum term not to exceed an additional five years. The board shall review the person again not less than ninety days prior to the expiration of the new minimum term.
(b) If at the time a person sentenced under RCW 9.94A.507 for a sex offense committed on or after September 1, 2001, arrives at a department of corrections facility, the offender's minimum term has expired or will expire within one hundred twenty days of the offender's arrival, then no later than one hundred twenty days after the offender's arrival at a department of corrections facility, but after the board receives the results from the end of sentence review process and the recommendations for additional or modified conditions of community custody from the department, the board shall review the person for conditional release to community custody as provided in RCW 9.95.420. If the board does not release the person, it shall set a new minimum term not to exceed an additional five years. The board shall review the person again not less than ninety days prior to the expiration of the new minimum term.
(c) In setting a new minimum term, the board may consider the length of time necessary for the offender to complete treatment and programming as well as other factors that relate to the offender's release under RCW 9.95.420. The board's rules shall permit an offender to petition for an earlier review if circumstances change or the board receives new information that would warrant an earlier review.
[ 2011 1st sp.s. c 40 § 40; 2009 c 28 § 21; 2007 c 363 § 1; 2002 c 174 § 2; 2001 2nd sp.s. c 12 § 320; 1993 c 144 § 3; 1986 c 224 § 7.]
NOTES:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—2009 c 28: See note following RCW 2.24.040.
Effective date—2002 c 174: See note following RCW 9.95.420.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.
Effective date—1993 c 144: See note following RCW 9.95.045.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.
Structure Revised Code of Washington
Title 9 - Crimes and Punishments
Chapter 9.95 - Indeterminate Sentences.
9.95.001 - Board of prison terms and paroles redesignated as indeterminate sentence review board.
9.95.002 - Board considered parole board.
9.95.005 - Board meetings—Quarters at institutions.
9.95.007 - Transaction of board's business in panels—Action by full board.
9.95.010 - Court to fix maximum sentence.
9.95.013 - Application of sentencing reform act to board decision.
9.95.015 - Finding of fact or special verdict establishing defendant armed with deadly weapon.
9.95.017 - Criteria for confinement and parole.
9.95.020 - Duties of superintendent of correctional institution.
9.95.028 - Statement of prosecuting attorney provided to department, when.
9.95.030 - Statement to indeterminate sentence review board.
9.95.031 - Statement of prosecuting attorney.
9.95.032 - Statement of prosecuting attorney—Delivery of statement.
9.95.040 - Terms fixed by board—Minimums for certain cases.
9.95.045 - Abused victim—Reduction in sentence for murder of abuser—Petition for review.
9.95.047 - Abused victim—Considerations of board in reviewing petition.
9.95.052 - Redetermination and refixing of minimum term of confinement.
9.95.055 - Reduction of sentences during war emergency.
9.95.060 - When sentence begins to run.
9.95.062 - Stay of judgment—When prohibited—Credit for jail time pending appeal.
9.95.063 - Conviction upon new trial—Former imprisonment deductible.
9.95.064 - Conditions of release.
9.95.070 - Reductions for good behavior.
9.95.080 - Revocation and redetermination of minimum for infractions.
9.95.100 - Prisoner released on serving maximum term.
9.95.115 - Parole of life term prisoners—Crimes committed before July 1, 1984.
9.95.116 - Duration of confinement—Mandatory life sentences—Crimes committed before July 1, 1984.
9.95.121 - On-site revocation hearing—Procedure when waived.
9.95.122 - On-site revocation hearing—Representation for alleged violators—Compensation.
9.95.124 - On-site revocation hearing—Attorney general's recommendations—Procedural rules.
9.95.125 - On-site parole revocation hearing—Board's decision—Reinstatement or revocation of parole.
9.95.126 - On-site revocation hearing—Cooperation in providing facilities.
9.95.130 - Parole-revoked offender as escapee.
9.95.143 - Court-ordered treatment—Required disclosures.
9.95.150 - Rules and regulations.
9.95.155 - Rule making regarding sex offenders.
9.95.160 - Governor's powers not affected—Revocation of paroles granted by board.
9.95.170 - Board to inform itself as to each convict—Records from department of corrections.
9.95.190 - Application of RCW 9.95.010 through 9.95.170 to inmates previously committed.
9.95.200 - Probation by court—Investigation by secretary of corrections.
9.95.204 - Misdemeanant probation services—County supervision.
9.95.210 - Conditions of probation.
9.95.214 - Assessments for supervision of misdemeanant probationers.
9.95.220 - Violation of probation—Rearrest—Imprisonment.
9.95.230 - Court revocation or termination of probation.
9.95.240 - Dismissal of information or indictment after probation completed—Vacation of conviction.
9.95.250 - Community corrections officers.
9.95.265 - Report to governor and legislature.
9.95.270 - Compacts for out-of-state supervision of parolees or probationers—Uniform act.
9.95.280 - Return of parole violators from another state—Deputizing out-of-state officers.
9.95.290 - Return of parole violators from another state—Deputization procedure.
9.95.300 - Return of parole violators from another state—Contracts to share costs.
9.95.310 - Assistance for parolees, work release, and discharged prisoners—Declaration of purpose.
9.95.370 - Assistance for parolees and discharged prisoners—Repayment agreement.
9.95.420 - Sex offenders—End of sentence review—Victim input.
9.95.425 - Offenders—Postrelease violations.
9.95.430 - Offenders—Postrelease arrest.
9.95.435 - Offenders—Postrelease transfer to more restrictive confinement.
9.95.440 - Offenders—Reinstatement of release.
9.95.900 - Application of certain laws to felonies committed before, on, or after certain dates.