H-2122              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 204

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Social & Health Services (originally sponsored by Representatives Brekke, B. Williams and Tanner)

Read first time 3/6/85 and passed to Committee on Rules.

AN ACT Relating to the board of prison terms and paroles; amending RCW 9.95.009; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 24, chapter 137, Laws of 1981 as amended by section 8, chapter 192, Laws of 1982 and RCW 9.95.009 are each amended to read as follows:

          (1) On July 1, 1988, the board of prison terms and paroles shall cease to exist.  ((Prior to that time, the board's membership shall be reduced as follows:  (a) On July 1, 1985, the board shall be reduced to five members.  This reduction shall take place by the expiration, on that date, of the two terms having the least time left to serve.  (b) On July 1, 1986, the board shall be reduced to three  members.  This reduction shall take place by the expiration, on that date, of the two terms having the least time left to serve.))

          (2) Prior to its expiration and after July 1, 1984, the board shall continue its functions with respect to persons incarcerated for crimes committed prior to July 1, 1984.  The board in fixing the duration of confinement under RCW 9.95.040, after July 1, 1984, shall consider the standard ranges and standards adopted pursuant to RCW 9.94A.040, and shall attempt to make decisions reasonably consistent with those ranges and standards.

          (3) The board in its discretion, may consider the standard ranges and standards adopted pursuant to RCW 9.94A.040 in making parole release decisions pursuant to RCW 9.95.110 and may consider the standard ranges and standards adopted pursuant to RCW 9.94A.040 in its decision to adjust a minimum term under RCW 9.95.052.  The board, however, must consider all facts which it may possess pursuant to RCW 9.95.030, 9.95.031, 9.95.032, 9.95.140, and 9.95.170.  The board shall not, however, until the offender's maximum term expires, release a prisoner, unless in its opinion the prisoner's rehabilitation has been complete and the prisoner is a fit subject for release.  Nothing in this section may be construed to create an expectation for consideration or review of earlier release from incarceration.

(4) On July 1, 1988, all documents, records, files, equipment, and other tangible property of the board of prison terms and paroles shall be delivered to the custody of the department of corrections.

NEW SECTION. Sec. 2.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.