WSR 98-19-054

PERMANENT RULES

INDETERMINATE SENTENCE

REVIEW BOARD

[Filed September 15, 1998, 11:44 a.m.]



Date of Adoption: September 14, 1998.

Purpose: To clarify and/or enhance existing rules relating to conflicts of interest, victims rights, and public disclosure.

Citation of Existing Rules Affected by this Order: Amending WAC 381-10-120, 381-10-170, 381-20-050, 381-20-090, and 381-20-100.

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

Adopted under notice filed as WSR 98-11-072 on May 19, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 5, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 5, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

September 15, 1998

Dennis Marsh

Executive Officer

OTS-2099.2

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 victims or their representatives, such person shall be ((allowed)) invited to make an in-person statement to the board as a whole at a regularly scheduled board meeting, 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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