RCW 9.95.435
Offenders—Postrelease transfer to more restrictive confinement.
(1) If an offender released by the board under RCW 9.95.420, 10.95.030(3), or 9.94A.730 violates any condition or requirement of community custody, the board may transfer the offender to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation and subject to the limitations of subsection (2) of this section.
(2) Following the hearing specified in subsection (3) of this section, the board may impose sanctions such as work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other sanctions available in the community, or may suspend the release and sanction up to sixty days' confinement in a local correctional facility for each violation, or revoke the release to community custody whenever an offender released by the board under RCW 9.95.420, 10.95.030(3), or 9.94A.730 violates any condition or requirement of community custody.
(3) If an offender released by the board under RCW 9.95.420, 10.95.030(3), or 9.94A.730 is accused of violating any condition or requirement of community custody, he or she is entitled to a hearing before the board or a designee of the board prior to the imposition of sanctions. The hearing shall be considered as offender disciplinary proceedings and shall not be subject to chapter 34.05 RCW. The board shall develop hearing procedures and a structure of graduated sanctions consistent with the hearing procedures and graduated sanctions developed pursuant to RCW 9.94A.737. The board may suspend the offender's release to community custody and confine the offender in a correctional institution owned, operated by, or operated under contract with the state prior to the hearing unless the offender has been arrested and confined for a new criminal offense.
(4) The hearing procedures required under subsection (3) of this section shall be developed by rule and include the following:
(a) Hearings shall be conducted by members or designees of the board unless the board enters into an agreement with the department to use the hearing officers established under RCW 9.94A.737;
(b) The board shall provide the offender with findings and conclusions which include the evidence relied upon, and the reasons the particular sanction was imposed. The board shall notify the offender of the right to appeal the sanction and the right to file a personal restraint petition under court rules after the final decision of the board;
(c) The hearing shall be held unless waived by the offender, and shall be electronically recorded. For offenders not in total confinement, the hearing shall be held within thirty days of service of notice of the violation, but not less than twenty-four hours after notice of the violation. For offenders in total confinement, the hearing shall be held within thirty days of service of notice of the violation, but not less than twenty-four hours after notice of the violation. The board or its designee shall make a determination whether probable cause exists to believe the violation or violations occurred. The determination shall be made within forty-eight hours of receipt of the allegation;
(d) The offender shall have the right to: (i) Be present at the hearing; (ii) have the assistance of a person qualified to assist the offender in the hearing, appointed by the presiding hearing officer if the offender has a language or communications barrier; (iii) testify or remain silent; (iv) call witnesses and present documentary evidence; (v) question witnesses who appear and testify; and (vi) be represented by counsel if revocation of the release to community custody upon a finding of violation is a probable sanction for the violation. The board may not revoke the release to community custody of any offender who was not represented by counsel at the hearing, unless the offender has waived the right to counsel; and
(e) The sanction shall take effect if affirmed by the presiding hearing officer.
(5) Within seven days after the presiding hearing officer's decision, the offender may appeal the decision to the full board or to a panel of three reviewing examiners designated by the chair of the board or by the chair's designee. The sanction shall be reversed or modified if a majority of the panel finds that the sanction was not reasonably related to any of the following: (a) The crime of conviction; (b) the violation committed; (c) the offender's risk of reoffending; or (d) the safety of the community.
(6) For purposes of this section, no finding of a violation of conditions may be based on unconfirmed or unconfirmable allegations.
[ 2014 c 130 § 7; 2007 c 363 § 3; 2003 c 218 § 1; 2002 c 175 § 17; 2001 2nd sp.s. c 12 § 309.]
NOTES:
Application—Effective date—2014 c 130: See notes following RCW 9.94A.510.
Effective date—2002 c 175: See note following RCW 7.80.130.
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.
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.