WSR 98-09-047

EXPEDITED ADOPTION

INDETERMINATE SENTENCE

REVIEW BOARD

[Filed April 15, 1998, 11:40 a.m.]



Title of Rule: Chapter 381-10 WAC, General administrative policies and chapter 381-20 WAC, Public records and disclosure.

Purpose: These chapters describe the board's general organization and policies as well as procedures relating to public disclosure.

Statutory Authority for Adoption: RCW 34.05.220 [(1)](b), 42.17.250.

Statute Being Implemented: RCW 34.05.220 [(1)](b), 42.17.250.

Summary: These proposals clarify existing rules.

Reasons Supporting Proposal: The changes clarify language relating to conflicts of interest, expands victim's options, and simplifies rules relating to access of records.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dennis Marsh, 4317 6th Avenue S.E., Lacey, WA, phone (360) 493-9266.

Name of Proponent: Indeterminate Sentence Review Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 381-10-120 outlines the board's policy regarding conflicts of interest, WAC 381-10-170 outlines the board's policy regarding victim's rights, WAC 381-20-050, 381-20-090, and 381-20-100 outlines the board's policy for requesting public disclosure, disclosure procedures, and the appeal process.

Proposal Changes the Following Existing Rules: The changes are minor and are intended to either clarify or enhance existing rules. The change relating to conflicts of interest clarifies who may object to potential conflicts of interest. The change relating to victim's rights is intended to enhance access to the board and eliminates time restraints currently imposed. The changes relating to public records/disclosure would allow additional board staff to process public disclosure requests, thus allowing greater flexibility and more timely response to requests.

In all cases, the intent of the changes are to clarify or enhance existing rules without changing its effect. Thus, expedited adoption is appropriate pursuant to RCW 34.05.230 [(1)](c).

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Dennis Marsh, Indeterminate Sentence Review Board, P.O. Box 40907, Olympia, WA 98504-0907, AND RECEIVED BY July 1, 1998.

April 15, 1998

Kathryn S. Bail

Chair

OTS-2099.1

AMENDATORY SECTION (Amending WSR 91-14-028, filed 6/26/91, effective 7/27/91)



WAC 381-10-120  Conflict of interest. It is the policy of the board that whenever a member or hearing officer has personal knowledge of a case, or a personal interest, or personal acquaintance of the subject person, any of which factors might reasonably be construed as having an influence on the outcome, the member or hearing officer shall withdraw completely from the decision-making process on that case if requested by any party to the proceeding.



[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.250. 91-14-028, 381-10-120, filed 6/26/91, effective 7/27/91.]



AMENDATORY SECTION (Amending WSR 91-14-028, filed 6/26/91, effective 7/27/91)



WAC 381-10-170  Victim's rights. This rule is provided to ensure the orderly presentation of victim statements so that victims or their representatives may freely exercise their constitutional rights.

(1) Written statements. Consistent with prior board practices, the board will continue to ((allow)) encourage victims or their representatives to submit written statements to the board. Prior notification is not required for the submission of written statements.

(2) In-person statements. Upon notification either through the prosecuting attorney to the board, or directly to the board that an in-person statement is requested by the victim, such person shall be ((allowed)) invited to make an in-person statement to the board as a whole, or through a meeting with the chair prior to a final decision allowing an offender to be released on parole. Such statement will be ((limited to fifteen minutes and may only be)) made at a regularly scheduled board meeting. After notifying the board of intent to make an in-person statement, the victim or victim's representative will be advised of the time and place of the next board meeting where an in-person statement will be scheduled.

(3) Other statements. The board ((will)) also ((allow)) encourages victims or their representatives to submit audio cassette or video (VHS) tape statements. The statement will be presented at a regularly scheduled meeting before the offender's final parole release decision is made. ((Tape statements are limited to fifteen minutes in length.))



[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.250. 91-14-028, 381-10-170, filed 6/26/91, effective 7/27/91.]

OTS-2100.1

AMENDATORY SECTION (Amending WSR 91-14-028, filed 6/26/91, effective 7/27/91)



WAC 381-20-050  Requests for public records. (1) All requests for the disclosure of a public record must be in writing identifying the record sought with reasonable certainty. The written request should include:

(a) The name of the person requesting the record.

(b) The calendar date the request was made.

(c) The nature of the request.

(2) A request for disclosure shall be made during the customary business hours or by mail. Persons who appear at the board's office for the purpose of inspection and copying of the board files are requested to make an appointment ((with the public disclosure coordinator)) at least ten working days in advance in order to allow sufficient time for the removal and deletion of exempted record information.

(3) This chapter shall not be construed as giving authority to any agency to give, sell, or provide access to lists of individuals for any purpose, and the board shall not do so unless specifically authorized or directed by law.

(4) If the public record contains material exempt from disclosure pursuant to law, including those laws cited in WAC 381-20-010, the board must provide the person requesting disclosure with a written explanation for the nondisclosure, pursuant to WAC 381-20-090.

(5) Any person continuing to seek disclosure, after having received a written explanation for the nondisclosure, pursuant to WAC 381-20-090, may request a review under the provisions of WAC 381-20-100.

(6) When a person's identity is relevant to an exemption, that person may be required to provide personal identification.

(7) Nothing in this chapter, shall be construed to require the board to compile statistics or other information from material contained in public records, where doing so would unduly interfere with other essential functions of the board and is not required for litigation by rules of pretrial discovery.

(8) If public records or information contained in a board file are in the field for purposes of a hearing, and are thus not available, ((the public disclosure coordinator or his designee)) board staff shall promptly inform the person requesting disclosure that there will be a delay in responding to the disclosure request due to the unavailability of the public record.

(9) All requests from the press or media shall be referred to the chair or designee for response.



[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.250. 91-14-028, 381-20-050, filed 6/26/91, effective 7/27/91.]



AMENDATORY SECTION (Amending WSR 91-14-028, filed 6/26/91, effective 7/27/91)



WAC 381-20-090  Disclosure procedure. ((The public records officer)) Board staff shall review file material prior to disclosure.

If the file does not contain materials exempt from disclosure, ((the public records officer)) board staff shall ensure full disclosure.

If the file does contain materials exempt from disclosure, ((the public records officer)) board staff shall exempt those portions of the file and shall, at the time of the denial, in writing, clearly specify the reasons for the denial of disclosure, including a statement of the specific exemptions or reasons authorizing the withholding of the record and a brief explanation of how the exemption applies. The remaining nonexempt materials shall be fully disclosed pursuant to this chapter.



[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.250. 91-14-028, 381-20-090, filed 6/26/91, effective 7/27/91.]



AMENDATORY SECTION (Amending WSR 91-14-028, filed 6/26/91, effective 7/27/91)



WAC 381-20-100  Remedy for review of denial of disclosure. (1) If the person requesting disclosure disagrees with the decision of ((a public disclosure reviewer)) board staff denying disclosure of a public record, this person may, at any time, petition the board's ((public records)) executive officer for review of the decision denying disclosure. The form used by ((the public disclosure reviewer)) board staff to deny disclosure of a public record shall clearly indicate this right of review.

(2) The ((public records)) executive officer shall review decisions denying disclosure in the most prompt fashion possible, and such review shall be deemed completed at the end of the second business day following receipt by the board of the petition for review. This shall constitute final agency action for the purposes of judicial review, pursuant to RCW 42.17.320.



[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.250. 91-14-028, 381-20-100, filed 6/26/91, effective 7/27/91.]

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