BILL REQ. #:  S-5001.1 

Read first time 02/06/08.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to the governance of the indeterminate sentence review board; amending RCW 9.95.003; and creating a new section.

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

NEW SECTION.  Sec. 1   Recognizing the indeterminate sentence review board's vital role in protecting the citizens of Washington state and the unique offender population for which it is responsible, the legislature intends for the agency to accept a leadership role in working collaboratively with the department of corrections, as appropriate, in managing the risk, supervision, and reentry of the offenders under its jurisdiction, apart from its quasi-judicial, parole decision-making responsibilities. Due to the particular roles and responsibilities of the agency, those selected to serve as the chair and other members of the board must be those most capable to address the agency's critical role in increasing public safety.
     The legislature also recognizes the quasi-judicial function of the board as well as the agency's other distinct functions as an executive agency. The indeterminate sentence review board's chair, in his or her capacity as director, has the responsibility of managing agency functions separate and in addition to the quasi-judicial decision-making responsibility of a board member.

Sec. 2   RCW 9.95.003 and 2007 c 362 s 1 are each amended to read as follows:
     (1) The board shall consist of a chair((man)) and four other members, each of whom shall be appointed by the governor with the consent of the senate. Each member shall hold office for a term of five years, and until his or her successor is appointed and qualified. The terms shall expire on April 15th of the expiration year. Vacancies in the membership of the board shall be filled by appointment by the governor with the consent of the senate. In the event of the inability of any member to act, the governor shall appoint some competent person to act in his or her stead during the continuance of such inability.
     (2) The members shall not be removable during their respective terms except for cause determined by the superior court of Thurston county.
     (3) The governor in appointing the members shall designate one of them to serve as chair((man)) at the governor's pleasure. The appointed chair((man)) shall serve as a fully participating board member and as the director of the agency.
     (4) To be eligible to be appointed for membership on the board, an individual must have at least six years of professional experience in the criminal justice system of Washington state in any of the following areas: Parole, probation, corrections, crime victim advocacy, criminal court system, or law enforcement. Vacancies on the board shall be filled by an open competitive process managed by the director of the agency with recommendations for appointment to the governor. The competitive process will include a selection criterion which recognizes the uniqueness of the offender population for which the board is responsible, including: Knowledge of risk analysis, sentencing laws, and victim rights. In addition to requirements for board membership, the chair must have a minimum of five years in an administrative capacity with responsibility for fiscal management, policy development, and strategic planning.
     (5) The members of the board ((and its officers and employees)) shall not engage in any other business or profession or hold any other public office without the prior approval of the executive ethics board indicating compliance with RCW 42.52.020, 42.52.030, 42.52.040 and 42.52.120; nor shall they, at the time of appointment or employment or during their incumbency, serve as the representative of any political party on an executive committee or other governing body thereof, or as an executive officer or employee of any political committee or association.
     (6) The members of the board shall each severally receive salaries fixed by the governor in accordance with the provisions of RCW 43.03.040, and in addition shall receive travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060.
     (7) The ((board)) chair, in his or her capacity as the director, may employ, and fix, with the approval of the governor, the compensation of and prescribe the duties of a senior administrative officer and such officers, employees, and assistants as may be necessary, and provide necessary quarters, supplies, and equipment.