S-2161               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5412

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Pullen, Niemi, McCaslin, Nelson, Newhouse and Smith; by request of Office of Financial Management)

Read first time 2/28/89.

AN ACT Relating to the indeterminate sentence review board; amending RCW 9.95.009 and 9.95.115; and adding a new section to chapter 9.95 RCW.

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

        Sec. 1.  Section 24, chapter 137, Laws of 1981 as last amended by section 6, chapter 224, Laws of 1986 and RCW 9.95.009 are each amended to read as follows:

          (1) On July 1, 1986, the board of prison terms and paroles shall be redesignated as the indeterminate sentencing review board.  The board's membership shall be reduced as follows:  On July 1, 1986, and on July 1st of each year until 1992, the number of board members shall be reduced in a manner commensurate with the board's remaining workload as determined by the office of financial management based upon its population forecast for the indeterminate sentencing system and in conjunction with the budget process.  To meet the statutory obligations of the indeterminate sentence review board, the number of board members shall not be reduced to fewer than three members, although the office of financial management may designate some or all members as part-time members and specify the extent to which they shall be less than full-time members.  Any reduction shall take place by the expiration, on that date, of the term or terms  having the least time left to serve.

          (2) After July 1, 1984, the board shall continue its functions with respect to persons convicted of crimes committed prior to July 1, 1984, and committed to the department of corrections.  When making decisions on duration of confinement, including those relating to persons committed under a mandatory life sentence, and parole release under RCW 9.95.100 and 9.95.110, the board  shall consider the purposes, standards, and sentencing ranges adopted pursuant to RCW 9.94A.040 and the minimum term recommendations of the sentencing judge and prosecuting attorney, and shall attempt to make decisions reasonably consistent with those ranges, standards,  purposes, and recommendations:  PROVIDED, That the board and its successors shall give adequate written reasons whenever a minimum term or parole release ((decisions [decision])) decision is made which is outside the sentencing ranges adopted pursuant to RCW 9.94A.040.  In making such decisions, the board and its successors shall consider the different charging and disposition practices under the indeterminate sentencing system.

NEW SECTION. Sec. 2.  A new section is added to chapter 9.95 RCW to read as follows:

          (1) The board shall fix the duration of confinement for persons committed to the custody of the department of corrections under a mandatory life sentence for a crime or crimes committed before July 1, 1984.  However, no duration of confinement shall be fixed for those persons committed under a life sentence without the possibility of parole.

          The duration of confinement for persons covered by this section shall be fixed no later than July 1, 1992, or within six months after the admission or readmission of the convicted person to the custody of the department of corrections, whichever is later.

          (2) Prior to fixing a duration of confinement under this section, the board shall request from the sentencing judge and the prosecuting attorney an updated statement in accordance with RCW 9.95.030.  In addition to the report and recommendations of the prosecuting attorney and sentencing judge, the board also shall consider any victim impact statement submitted by a victim, a survivor, or a representative of the victim or survivor, and any statement submitted by an investigative law enforcement officer.  The board shall provide the convicted person with copies of any new statement and an opportunity to comment thereon prior to fixing the duration of confinement.

        Sec. 3.  Section 1, chapter 238, Laws of 1951 and RCW 9.95.115 are each amended to read as follows:

          ((The board of prison terms and paroles)) Except for those persons sentenced to life without possibility of parole, the indeterminate sentence review board is hereby granted authority to parole any person sentenced to the ((penitentiary or the reformatory)) custody of the department of corrections, under a mandatory life sentence((, who)) for a crime committed prior to July 1, 1984.   No such person shall be granted parole unless the person has been continuously confined therein for a period of twenty consecutive years less earned good time((:  PROVIDED, The superintendent of the penitentiary or the reformatory, as the case may be, certifies to the *board of prison terms and paroles that such person's conduct and work have been meritorious, and based thereon, recommends parole for such person)):  PROVIDED, That no such person shall be released under parole who is found to be a sexual psychopath under the provisions of and as defined by chapter ((71.12)) 71.06 RCW.