Revised Code of Washington
Chapter 9.95 - Indeterminate Sentences.
9.95.047 - Abused victim—Considerations of board in reviewing petition.

RCW 9.95.047
Abused victim—Considerations of board in reviewing petition.

(1) If an inmate under the board's jurisdiction files a petition for review under RCW 9.95.045, the board shall review the duration of the inmate's confinement, including review of the minimum term and parole eligibility review dates. The board shall consider whether:
(a) The petitioner was convicted for a murder committed prior to the effective date of RCW 9.94A.535(1)(h);
(b) RCW 9.94A.535(1)(h), if effective when the petitioner committed the crime, would have provided a basis for the petitioner to seek a mitigated sentence; and
(c) The sentencing court and prosecuting attorney, when making their minimum term recommendations, considered evidence that the victim subjected the petitioner or the petitioner's children to a continuing pattern of sexual or physical abuse and the murder was in response to that abuse.
(2) The board may reset the minimum term and parole eligibility review date of a petitioner convicted of murder if the board finds that had RCW 9.94A.535(1)(h) been effective when the petitioner committed the crime, the petitioner may have received an exceptional mitigating sentence.

[ 1993 c 144 § 2.]
NOTES:

Effective date—1993 c 144: See note following RCW 9.95.045.

Structure Revised Code of Washington

Revised Code of Washington

Title 9 - Crimes and Punishments

Chapter 9.95 - Indeterminate Sentences.

9.95.0001 - Definitions.

9.95.0002 - Transfer of board to department of corrections—Members of board shall exercise independent judgment.

9.95.001 - Board of prison terms and paroles redesignated as indeterminate sentence review board.

9.95.002 - Board considered parole board.

9.95.003 - Appointment of board members—Qualifications—Duties of chair—Salaries and travel expenses—Staffing.

9.95.005 - Board meetings—Quarters at institutions.

9.95.007 - Transaction of board's business in panels—Action by full board.

9.95.009 - Board of prison terms and paroles redesignated indeterminate sentence review board—Continuation of functions.

9.95.010 - Court to fix maximum sentence.

9.95.011 - Minimum terms.

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.

9.95.090 - Labor required.

9.95.100 - Prisoner released on serving maximum term.

9.95.110 - Parole.

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.

9.95.120 - Suspension, revision of parole—Community corrections officers—Hearing—Retaking violators—Reinstatement.

9.95.121 - On-site revocation hearing—Procedure when waived.

9.95.122 - On-site revocation hearing—Representation for alleged violators—Compensation.

9.95.123 - On-site parole or community custody revocation or violations hearings—Conduct—Witnesses—Subpoenas, enforcement.

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.

9.95.140 - Record of parolees—Privacy—Release of sex offender information—Immunity from liability—Cooperation by officials and employees.

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.

9.95.260 - Indeterminate sentence review board—Supervision of conditionally pardoned persons—Hearing.

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.

9.95.320 - Assistance for parolees, work release, and discharged prisoners—Subsistence payments—Terms and conditions.

9.95.330 - Assistance for parolees, work release, and discharged prisoners—Department may accept gifts and make expenditures.

9.95.340 - Assistance for parolees, work release, and discharged prisoners—Use and repayment of funds belonging to absconders.

9.95.350 - Assistance for parolees, work release, and discharged prisoners—Use and accounting of funds or property.

9.95.360 - Assistance for parolees, work release, and discharged prisoners—Community services revolving fund.

9.95.370 - Assistance for parolees and discharged prisoners—Repayment agreement.

9.95.420 - Sex offenders—End of sentence review—Victim input.

9.95.422 - Petition for early release—Determination of parole eligibility review date—Notice—Records—Comprehensive minutes.

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.