Brief Description: Modifying provisions affecting the appointment of indeterminate sentence review board members.

Sponsors: By Representatives Hurst, Kelley, Sells, Dunshee, Kenney, Lovick, McCoy, O'Brien and Simpson; by request of Indeterminate Sentence Review Board.

House Committee on Human Services
House Committee on Appropriations
Senate Committee on Human Services & Corrections

Background:

When the Sentencing Reform Act (SRA) was enacted in 1981, Washington changed from an indeterminate to a determinate sentencing scheme. Under the indeterminate scheme, the Board of Prison Terms and Paroles (Board) had jurisdiction over the committed offenders and would decide when the offender would be paroled and under what circumstances the offender's parole could be revoked. The judge would recommend a minimum term, but other responsibilities rested with the Board.

In 1986 the Board was redesignated the Indeterminate Sentence Review Board (ISRB). The ISRB assumed the responsibility of supervision, parole, and revocation of those persons sentenced to felony offenses prior to July 1, 1984, which was the effective date of the SRA. The Legislature contemplated phasing out the ISRB as more and more prisoners were sentenced under the SRA. In 1986 the Legislature provided that the ISRB would cease to exist on June 30, 1992, and that all of its powers, functions, and duties involving persons sentenced under the indeterminate sentencing scheme would be transferred to the superior courts of Washington. In 1989 the Legislature delayed the termination of the ISRB until 1998, and, in 1997, termination of the ISRB was again delayed until June 30, 2008.

In 2001 legislation was enacted that created a type of sentencing known as "determinate plus" sentencing. Under determinate plus sentencing, the court will sentence the offender to a minimum term and a maximum term. The ISRB is required to evaluate the offender prior to the expiration of the minimum term. If the evaluation does not result in the release of the offender, the ISRB must re-evaluate the offender at least once every two years up to the offender's maximum term.

The ISRB is composed of the chair and two other members, all appointed by the Governor.

Summary:

The chair of the ISRB is designated as the director of the agency and a fully participating board member. Two members are added to the ISRB. Language is changed to state the Board is to employ, and determine compensation for, the position of senior executive officer rather than the position of secretary.

Votes on Final Passage:

House   96   0
Senate   47   0   (Senate amended)
House   98   0   (House concurred)

Effective: July 22, 2007