Revised Code of Washington
Chapter 9.95 - Indeterminate Sentences.
9.95.422 - Petition for early release—Determination of parole eligibility review date—Notice—Records—Comprehensive minutes.

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

(1) Upon receipt of a petition for early release submitted under RCW 9.94A.730, or upon determination of a parole eligibility review date pursuant to RCW 9.95.100 and 9.95.052, the indeterminate sentence review board must provide notice and a copy of a petition or parole eligibility documents to the sentencing court, prosecuting attorney, and crime victim or surviving family member. The board may request the prosecuting attorney to assist in contacting the crime victim or surviving family member. If requested in writing by the sentencing court, the prosecuting attorney, or the crime victim or surviving family member, the indeterminate sentence review board must also provide any assessment, psychological evaluation, institutional behavior record, or other examination of the offender. Notice of the early release hearing date or parole eligibility date, and any evaluations or information relevant to the release decision, must be provided at least ninety days before the early release hearing or parole eligibility review hearing. The records described in this section, and other records reviewed by the board in response to the petition or parole eligibility review[,] must be disclosed in full and without redaction. Copies of records to be provided to the sentencing court and prosecuting attorney under this section must be provided as required without regard to whether the board has received a request for copies.
(2) For the purpose of review by the board of a petition for early release or parole eligibility, it is presumed that none of the records reviewed are exempt from disclosure to the sentencing court, prosecuting attorney, and crime victim or surviving family member, in whole or in part. The board may not claim any exemption from disclosure for the records reviewed for an early release petition or parole eligibility review hearing.
(3) The board and its subcommittees must provide comprehensive minutes of all related meetings and hearings on a petition for early release or parole eligibility review hearing. The comprehensive minutes should include, but not be limited to, the board members present, the name of the petitioner seeking review, the purpose and date of the meeting or hearing, a listing of documents reviewed, the names of members of the public who testify, a summary of discussion, the motions or other actions taken, and the votes of board members by name. For the purposes of this subsection, "action" has the same meaning as in RCW 42.30.020. The comprehensive minutes must be publicly and conspicuously posted on the board's website within thirty days of the meeting or hearing, without any information withheld or redacted. Nothing in this subsection precludes the board from receiving confidential input from the crime victim or surviving family member.

[ 2016 c 218 § 2.]
NOTES:

Finding—2016 c 218: "The legislature finds that the duties of the indeterminate sentence review board have been expanded beyond those envisioned when the sentencing reform act was adopted. Rather than an expiring jurisdiction tied to presentencing reform act prisoners, the indeterminate sentence review board has been given authority over the release and supervision of determinate plus sex offenders sentenced under RCW 9.94A.507, and the release and supervision of certain offenders who committed crimes while under the age of eighteen, pursuant to RCW 9.94A.730. In light of this expanded and important role within the criminal justice system, the legislature adopts immediate requirements for notice and transparency in release hearings, as well as recommending that chapter 9.95 RCW be updated by the relevant legislative committees in conjunction with the sentencing guidelines commission." [ 2016 c 218 § 1.]

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.