Indeterminate Sentence Review Board. The Legislature passed the Sentencing Reform Act (SRA) in 1981 which established determinate sentencing. There are some exceptions to determinate sentencing where certain incarcerated individuals are eligible for review after serving a certain number of years. The Indeterminate Sentence Review Board (ISRB), which is a quasi-judicial board located within the Department of Corrections (DOC), has the authority to review and release incarcerated individuals if the statutory criteria is met for the following three populations:
For these cases, if the decision is to release the individual to the community with conditions, they are subject to supervision by DOC. DOC reports any violations of conditions to ISRB and the person's release may be revoked.
Community Custody. Community custody is the portion of a person's criminal sentence served in the community under DOC supervision following release from confinement in a state correctional facility. There are certain crimes for which community custody must be imposed by the courts. While on community custody, individuals are subject to conditions imposed by DOC, the sentencing court, and ISRB in certain circumstances. The Secretary of DOC may issue a warrant for the arrest of any person who violates a condition of community custody. Sanctions vary depending on the type of violation, the underlying offense, and other conditions.
Department of Corrections Conditions. DOC must assess the person's risk of reoffense and may establish and modify conditions of community custody based on risk to community safety. DOC may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court-imposed conditions. After receiving written notice of a condition imposed or modified by DOC, the person has until the close of the next business day to request an administrative review. The condition must remain in effect unless the reviewing officer finds that it is not reasonably related to the crime of conviction, the person's risk of reoffending, or the safety of the community.
Indeterminate Sentence Review Board Conditions. When a person on community custody is under the authority of ISRB, DOC must assess the person's risk of recidivism and recommend any additional or modified conditions to ISRB based on the person's risk to community safety. ISRB may impose conditions in addition to court-ordered conditions. After receiving notice of a condition imposed by ISRB or DOC, the person has until the close of the next business day to request an administrative review. The condition must remain in effect unless the hearing examiner finds that it is not reasonably related to any of the following:
DOC may impose additional conditions if DOC finds an emergency exists, but DOC may not impose conditions that are contrary to those set by ISRB or the court and may not contravene or decrease court-imposed or ISRB-imposed conditions.
Recent Court Decisions. In In re Personal Restraint of Ansell, the Washington Supreme Court held in 2023 that ISRB may impose community custody conditions that relate to the crime of conviction, the risk of reoffense, and the safety of the community. A condition that fails to relate to all three is invalid.
In State v. Hubbard, the Washington Supreme Court held in 2023 that trial courts do not have authority to modify a court-imposed discretionary community custody condition for an individual who is no longer serving a Special Sex Offender Sentencing Alternative.
Conditions Imposed or Modified by the Indeterminate Sentence Review Board. ISRB may impose or modify a person's community custody conditions in addition to court-ordered conditions. Regardless of the person's date of sentencing, additional conditions imposed or modified by ISRB may be based upon the person's crime of conviction, risk of reoffense, or risk to community safety. The additional conditions of community custody need not be crime-related if the conditions reasonably relate to either the risk of reoffense or risk to community safety.
The ISRB may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court-imposed conditions. ISRB must notify the person in writing of any additional or modified conditions.
A person may request an administrative review within 10 business days of receiving notice of a condition imposed or modified by ISRB or DOC. The condition must remain in effect if the hearing examiner finds that it is reasonably related to at least one of the following:
Motion to Modify Court-Imposed Conditions of Community Custody. On the motion of a person on community custody, following the person's release from total confinement, the court may amend the substantive conditions of community custody imposed by the court. The person has the burden of proving by a preponderance of the evidence that there has been a substantial change in circumstances such that the condition is no longer necessary for community safety. In determining whether there has been a substantial change in circumstances, the court may not base its determination solely on the fact that time has passed without a violation.
Motions to modify community custody conditions are limited to once every 12 months. The time limit for collateral attacks does not apply to these motions. Motions to modify community custody conditions may not reopen the person's conviction to challenges that would otherwise be barred by statute or other procedural barriers.
Other. This act applies to all persons sentenced to a term of community custody before, on, or after the effective date.
There is a severability clause in the bill.