PROPOSED RULES
REVIEW BOARD
Original Notice.
Preproposal statement of inquiry was filed as WSR 08-12-022.
Title of Rule and Other Identifying Information: WAC 381-10-170 Victim's rights.
Hearing Location(s): Lacey Timberlane [Timberland] Regional Library, 500 College Street S.E., Lacey, WA 98503, on October 8, 2008, at 5:30-7:00 p.m.
Date of Intended Adoption: November 24, 2008.
Submit Written Comments to: Ellen Hanegan-Cruse, P.O. Box 40907, Olympia, WA 98504-0907, e-mail erhanegancruse@doc1.wa.gov, fax (360) 493-9267, by September 30, 2008, at 5:00 p.m.
Assistance for Persons with Disabilities: Contact Ellen Hanegan-Cruse by September 15, 2008, TTY (800) 833-6388.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend the existing indeterminate sentence review board victims' rights WAC in accordance with RCW 9.95.420(4).
Anticipated effects of the amended rule are:
| • | Specific delineation of victims' right to make statements to the indeterminate sentence review board (ISRB); |
| • | Provision of services to victims; |
| • | Outlines the format for statements; |
| • | Content that statements may encompass; |
| • | Confidentiality limitations of statements; |
| • | Reasonable accommodations ISRB will provide to victims. |
Statutory Authority for Adoption: RCW 34.05.220 (1)(b), 42.17.250.
Statute Being Implemented: RCW 9.95.420(4).
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule is created per RCW 9.95.420(4) which reads: "(4) In a hearing conducted under subsection (3) of this section, the board shall provide opportunities for the victims of any crimes for which the offender has been convicted to present oral, video, written, or in-person testimony to the board. The procedures for victim input shall be developed by rule. To facilitate victim involvement, county prosecutor's offices shall ensure that any victim impact statements and known contact information for victims of record are forwarded as part of the judgment and sentence."
Name of Proponent: ISRB, governmental.
Name of Agency Personnel Responsible for Drafting: Ellen Hanegan-Cruse, Victim Liaison, 4317 Sixth Avenue S.E., Lacey, WA, (360) 493-9276; Implementation and Enforcement: Margaret McKinney, E.D., 4317 Sixth Avenue S.E., Lacey, WA, (360) 493-9266.
No small business economic impact statement has been prepared under chapter 19.85 RCW. None necessary.
A cost-benefit analysis is not required under RCW 34.05.328. None required.
August 20, 2008
Ellen Hanegan-Cruse
Victim Liaison
OTS-1597.2
AMENDATORY SECTION(Amending WSR 98-19-054, filed 9/15/98,
effective 10/16/98)
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 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 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.
(3) Other statements. The board also 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.))
Policy statement
The indeterminate sentence review board (ISRB or board)
recognizes the rights afforded victims and survivors in the
Washington state Constitution (Article I, Section 35). Among
these rights is the right to give statements at hearings where
an offender's release is considered. The ISRB is committed to
protecting this right by providing:
• Accurate information.
• Timely notification.
• A process for receiving input.
Assistance to victims and survivors
The ISRB victim liaison will help victims and survivors
of crimes committed by persons under the authority of the
board. The victim liaison may provide:
• Notification of upcoming release hearings.
• Assistance preparing statements to the board.
• Assistance scheduling in-person or telephonic statements to the board.
• Notification of the final release decision made by the board.
Statement format
The ISRB will accept statements from victims or survivors
before the inmate's hearing. Statements may be given:
• In person to the entire board or a majority of its members at a board meeting. If there are a number of victims or survivors at a meeting and not enough time for each to speak, the board may ask a representative or representatives to speak on behalf of the others.
• In person, made at the inmate's release hearing within the institution.
• Telephonically with board members.
• Written format.
• Electronically (i.e., via e-mail, videotape, CD or other electronic means).
• Via videoconference (if available).
In cases where statements will be given in a language other than English, the board will arrange and bear the cost for interpreter services (including American sign language). The board must know which language will be used well in advance of any in-person meetings. Written statements must identify what language was used.
Statement content
Statements may include, but are not limited to:
• Information regarding the impact of the crime upon the victim, survivor or family.
• The physical, emotional, psychological, financial, employment, relational and social impacts of the crime, as well as long-term prognosis of victims and survivors.
• Opinions regarding release decisions.
• Requests that certain conditions be placed upon offenders when released onto community supervision.
• In life photographs, or videotapes of deceased victims.
• Descriptions of the actual offense, history of the relationship between the victim and offender, and other information concerning the offender's personality that will assist the board to make an informed decision.
Limited confidentiality
When the ISRB receives statements or communications from
victims, survivors or concerned community members the ISRB
shall provide the statements or summaries to inmates and/or
their attorneys in accordance with court decisions.
Accommodations
When requested, the ISRB may make reasonable
accommodations to help individuals give statements to the
ISRB. These accommodations can include, but are not limited
to:
• Interpreter services (pursuant to chapters 2.42 and 2.43 RCW).
• TTY or other voice or hearing assistance devices.
• Age-appropriate assistance for child victims or survivors.
• The presence of supportive persons or victim advocates.
• Board member travel to a location of mutual agreement.
[Statutory Authority: RCW 34.05.220 (1)(b) and 42.17.250. 98-19-054, § 381-10-170, filed 9/15/98, effective 10/16/98; 91-14-028, § 381-10-170, filed 6/26/91, effective 7/27/91.]