ISRB hearings/victims

AN ACT Relating to victims' participation in hearings conducted 1
by the indeterminate sentence review board; amending RCW 9.95.420, 2
10.95.030, 9.94A.730, 7.69.032, and 9.95.422; and reenacting and 3
amending RCW 9.95.260. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 9.95.420 and 2024 c 118 s 5 are each amended to read 6
as follows: 7
(1)(a) Except as provided in (c) of this subsection, before the 8
expiration of the minimum term, as part of the end of sentence review 9
process under RCW 72.09.340, 72.09.345, and where appropriate, 10
72.09.370, the department shall conduct, and the offender shall 11
participate in, an examination of the offender, incorporating 12
methodologies that are recognized by experts in the prediction of 13
sexual dangerousness, and including a prediction of the probability 14
that the offender will engage in sex offenses if released. The 15
examination shall also include whether the offender has met the 16
conditions of restorative justice as defined by the board.17
(b) The board may contract for an additional, independent 18
examination, subject to the standards in this section.19
(c) If at the time the sentence is imposed by the superior court 20
the offender's minimum term has expired or will expire within 120 21
S-0245.1
SENATE BILL 5256
State of Washington 69th Legislature 2025 Regular Session
By Senators Christian, Braun, and Saldaña
Read first time 01/14/25. Referred to Committee on Human Services.
p. 1 SB 5256
days of the sentencing hearing, the department shall conduct, within 1
90 days of the offender's arrival at a department of corrections 2
facility, and the offender shall participate in, an examination of 3
the offender, incorporating methodologies that are recognized by 4
experts in the prediction of sexual dangerousness, and including a 5
prediction of the probability that the offender will engage in sex 6
offenses if released. The examination shall also include whether the 7
offender has met the conditions of restorative justice as defined by 8
the board.9
(2) The board shall impose the conditions and instructions 10
provided for in RCW 9.94A.704. The board shall consider the 11
department's recommendations and may impose conditions in addition to 12
those recommended by the department. The board may impose or modify 13
conditions of community custody following notice to the offender. The 14
additional conditions may be based upon the crime of conviction, risk 15
of reoffense, or risk to community safety. The additional conditions 16
of community custody need not be crime-related if the conditions 17
reasonably relate to either the risk of reoffense or risk to 18
community safety. 19
(3)(a) Except as provided in (b) of this subsection, no later 20
than ninety days before expiration of the minimum term, but after the 21
board receives the results from the end of sentence review process 22
and the recommendations for additional or modified conditions of 23
community custody from the department, the board shall conduct a 24
hearing to determine whether ((it)): (i) It is more likely than not 25
that the offender will engage in sex offenses if released on 26
conditions to be set by the board ; and (ii) the offender has 27
sufficiently met the conditions of restorative justice . The board may 28
consider an offender's failure to participate in an evaluation under 29
subsection (1) of this section in determining whether to release the 30
offender. The board shall order the offender released, under such 31
affirmative and other conditions as the board determines appropriate, 32
unless the board determines by a preponderance of the evidence that, 33
despite such conditions ((, it)): (A) It is more likely than not that 34
the offender will commit sex offenses if released ; and (B) the 35
offender has not sufficiently met the conditions of restorative 36
justice, including evidence from an objection by a victim of a crime 37
for which the offender has been convicted. The board shall give great 38
weight to a victim's objection and make written findings on the 39
p. 2 SB 5256
objection. If the board does not order the offender released, the 1
board shall establish a new minimum term as provided in RCW 9.95.011.2
(b) If at the time the offender's minimum term has expired or 3
will expire within 120 days of the offender's arrival at a department 4
of correction's facility, then no later than 120 days after the 5
offender's arrival at a department of corrections facility, but after 6
the board receives the results from the end of sentence review 7
process and the recommendations for additional or modified conditions 8
of community custody from the department, the board shall conduct a 9
hearing to determine whether ((it)): (i) It is more likely than not 10
that the offender will engage in sex offenses if released on 11
conditions to be set by the board ; and (ii) the offender has 12
sufficiently met the conditions of restorative justice . The board may 13
consider an offender's failure to participate in an evaluation under 14
subsection (1) of this section in determining whether to release the 15
offender. The board shall order the offender released, under such 16
affirmative and other conditions as the board determines appropriate, 17
unless the board determines by a preponderance of the evidence that, 18
despite such conditions ((, it)): (A) It is more likely than not that 19
the offender will commit sex offenses if released ; and (B) the 20
offender has not sufficiently met the conditions of restorative 21
justice, including evidence from an objection by a victim of a crime 22
for which the offender has been convicted. The board shall give great 23
weight to a victim's objection and make written findings on the 24
objection. If the board does not order the offender released, the 25
board shall establish a new minimum term as provided in RCW 9.95.011.26
(4) In a hearing conducted under subsection (3) of this section, 27
the board shall provide opportunities for the victims of any crimes 28
for which the offender has been convicted to present statements as 29
set forth in RCW 7.69.032. The procedures for victim input shall be 30
developed by rule. Any victim of any crime for which the offender has 31
been convicted shall have the right to intervene and object on the 32
record to the release of the offender. To facilitate victim 33
involvement, county prosecutor's offices shall ensure that any victim 34
impact statements and known contact information for victims of record 35
are forwarded as part of the judgment and sentence.36
Sec. 2. RCW 10.95.030 and 2024 c 118 s 7 are each amended to 37
read as follows: 38
p. 3 SB 5256
(1) Except as provided in subsection (2) of this section, any 1
person convicted of the crime of aggravated first degree murder shall 2
be sentenced to life imprisonment without possibility of release or 3
parole. A person sentenced to life imprisonment under this section 4
shall not have that sentence suspended, deferred, or commuted by any 5
judicial officer and the indeterminate sentence review board or its 6
successor may not parole such prisoner nor reduce the period of 7
confinement in any manner whatsoever including but not limited to any 8
sort of good time calculation. The department of social and health 9
services or its successor or any executive official may not permit 10
such prisoner to participate in any sort of release or furlough 11
program. 12
(2)(a)(i) Any person convicted of the crime of aggravated first 13
degree murder for an offense committed prior to the person's 16th 14
birthday shall be sentenced to a maximum term of life imprisonment 15
and a minimum term of total confinement of 25 years.16
(ii) Any person convicted of the crime of aggravated first degree 17
murder for an offense committed when the person is at least 16 years 18
old but less than 18 years old shall be sentenced to a maximum term 19
of life imprisonment and a minimum term of total confinement of no 20
less than 25 years. 21
(b) In setting a minimum term, the court must take into account 22
mitigating factors that account for the diminished culpability of 23
youth as provided in Miller v. Alabama , 132 S.Ct. 2455 (2012) 24
including, but not limited to, the age of the individual, the youth's 25
childhood and life experience, the degree of responsibility the youth 26
was capable of exercising, and the youth's chances of becoming 27
rehabilitated. 28
(c) A person sentenced under this subsection shall serve the 29
sentence in a facility or institution operated, or utilized under 30
contract, by the state. During the minimum term of total confinement, 31
the person shall not be eligible for community custody, earned 32
release time, furlough, home detention, partial confinement, work 33
crew, work release, or any other form of early release authorized 34
under RCW 9.94A.728, or any other form of authorized leave or absence 35
from the correctional facility while not in the direct custody of a 36
corrections officer. The provisions of this subsection shall not 37
apply: (i) In the case of an offender in need of emergency medical 38
treatment; or (ii) for an extraordinary medical placement when 39
authorized under RCW 9.94A.728(1)(c). 40
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(d) Any person sentenced pursuant to this subsection shall be 1
subject to community custody under the supervision of the department 2
of corrections and the authority of the indeterminate sentence review 3
board. As part of any sentence under this subsection, the court shall 4
require the person to comply with any conditions imposed by the 5
board. 6
(e) Any person sentenced pursuant to this subsection shall comply 7
with conditions imposed or modified pursuant to RCW 9.94A.704(10), in 8
addition to court-imposed conditions. 9
(f) No later than five years prior to the expiration of the 10
person's minimum term, the department of corrections shall conduct an 11
assessment of the offender and identify programming and services that 12
would be appropriate to prepare the offender for return to the 13
community. To the extent possible, the department shall make 14
programming available as identified by the assessment.15
(g) No later than 180 days prior to the expiration of the 16
person's minimum term, the department of corrections shall conduct, 17
and the offender shall participate in, an examination of the person, 18
incorporating methodologies that are recognized by experts in the 19
prediction of dangerousness, and including a prediction of the 20
probability that the person will engage in future criminal behavior 21
if released on conditions to be set by the board. The examination 22
shall also include whether the person has met the conditions of 23
restorative justice as defined by the board. The board may consider a 24
person's failure to participate in an evaluation under this 25
subsection in determining whether to release the person. The board 26
shall order the person released, under such affirmative and other 27
conditions as the board determines appropriate, unless the board 28
determines by a preponderance of the evidence that, despite such 29
conditions((, it )): (i) It is more likely than not that the person 30
will commit new criminal law violations if released ; and (ii) the 31
person has not sufficiently met the conditions of restorative 32
justice, including evidence from an objection by a victim of a crime 33
for which the person has been convicted. The board shall give great 34
weight to a victim's objection and make written findings on the 35
objection. If the board does not order the person released, the board 36
shall set a new minimum term not to exceed five additional years. The 37
board shall give public safety considerations the highest priority 38
when making all discretionary decisions regarding the ability for 39
release and conditions of release. 40
p. 5 SB 5256
(h) In a hearing conducted under (g) of this subsection, the 1
board shall provide opportunities for victims and survivors of 2
victims of any crimes for which the offender has been convicted to 3
present statements as set forth in RCW 7.69.032. The procedures for 4
victim and survivor of victim input shall be provided by rule. Any 5
victim of any crime for which the offender has been convicted shall 6
have the right to intervene and object on the record to the release 7
of the offender. To facilitate victim and survivor of victim 8
involvement, county prosecutor's offices shall ensure that any victim 9
impact statements and known contact information for victims of record 10
and survivors of victims are forwarded as part of the judgment and 11
sentence. 12
(i) An offender released by the board is subject to the 13
supervision of the department of corrections for a period of time to 14
be determined by the board. The department shall monitor the 15
offender's compliance with conditions of community custody imposed by 16
the court or board and promptly report any violations to the board. 17
Any violation of conditions of community custody established or 18
modified by the board are subject to the provisions of RCW 9.95.425 19
through 9.95.440. 20
(j) An offender released or discharged under this section may be 21
returned to the institution at the discretion of the board if the 22
offender is found to have violated a condition of community custody. 23
The offender is entitled to a hearing pursuant to RCW 9.95.435. The 24
board shall set a new minimum term of incarceration not to exceed 25
five years. 26
Sec. 3. RCW 9.94A.730 and 2024 c 118 s 4 are each amended to 27
read as follows: 28
(1) Notwithstanding any other provision of this chapter, any 29
person convicted of one or more crimes committed prior to the 30
person's 18th birthday may petition the indeterminate sentence review 31
board for early release after serving no less than 20 years of total 32
confinement, provided the person has not been convicted for any crime 33
committed subsequent to the person's 18th birthday, the person has 34
not committed a disqualifying serious infraction as defined by the 35
department in the 12 months prior to filing the petition for early 36
release, and the current sentence was not imposed under RCW 10.95.030 37
or 9.94A.507. 38
p. 6 SB 5256
(2) No later than five years prior to the date the offender will 1
be eligible to petition for release, the department shall conduct an 2
assessment of the offender and identify programming and services that 3
would be appropriate to prepare the offender for return to the 4
community. To the extent possible, the department shall make 5
programming available as identified by the assessment.6
(3) No later than 180 days from receipt of the petition for early 7
release, the department shall conduct, and the offender shall 8
participate in, an examination of the person, incorporating 9
methodologies that are recognized by experts in the prediction of 10
dangerousness, and including a prediction of the probability that the 11
person will engage in future criminal behavior if released on 12
conditions to be set by the board. The examination shall also include 13
whether the person has met the conditions of restorative justice as 14
defined by the board. The board may consider a person's failure to 15
participate in an evaluation under this subsection in determining 16
whether to release the person. The board shall order the person 17
released under such affirmative and other conditions as the board 18
determines appropriate, unless the board determines by a 19
preponderance of the evidence that, despite such conditions ((, it)): 20
(a) It is more likely than not that the person will commit new 21
criminal law violations if released ; and (b) the person has not 22
sufficiently met the conditions of restorative justice, including 23
evidence from an objection by a victim of a crime for which the 24
person has been convicted. The board shall give great weight to a 25
victim's objection and make written findings on the objection . The 26
board shall give public safety considerations the highest priority 27
when making all discretionary decisions regarding the ability for 28
release and conditions of release. 29
(4) In a hearing conducted under subsection (3) of this section, 30
the board shall provide opportunities for victims and survivors of 31
victims of any crimes for which the offender has been convicted to 32
present statements as set forth in RCW 7.69.032. The procedures for 33
victim and survivor of victim input shall be provided by rule. Any 34
victim of any crime for which the offender has been convicted shall 35
have the right to intervene and object on the record to the release 36
of the offender. To facilitate victim and survivor of victim 37
involvement, county prosecutor's offices shall ensure that any victim 38
impact statements and known contact information for victims of record 39
p. 7 SB 5256
and survivors of victims are forwarded as part of the judgment and 1
sentence. 2
(5) Any person released by the board pursuant to this section 3
shall comply with conditions imposed or modified pursuant to RCW 4
9.94A.704(10), in addition to court-imposed conditions.5
(6) An offender released by the board is subject to the 6
supervision of the department for a period of time to be determined 7
by the board, up to the length of the court-imposed term of 8
incarceration. The department shall monitor the offender's compliance 9
with conditions of community custody imposed by the court or board 10
and promptly report any violations to the board. Any violation of 11
conditions of community custody established or modified by the board 12
are subject to the provisions of RCW 9.95.425 through 9.95.440.13
(7) An offender whose petition for release is denied may file a 14
new petition for release five years from the date of denial or at an 15
earlier date as may be set by the board. 16
(8) An offender released under the provisions of this section may 17
be returned to the institution at the discretion of the board if the 18
offender is found to have violated a condition of community custody. 19
The offender is entitled to a hearing pursuant to RCW 9.95.435. If 20
the board finds that the offender has committed a new violation, the 21
board may return the offender to the institution for up to the 22
remainder of the court-imposed term of incarceration. The offender 23
may file a new petition for release five years from the date of 24
return to the institution or at an earlier date as may be set by the 25
board. 26
Sec. 4. RCW 9.95.260 and 1999 c 323 s 4 and 1999 c 143 s 29 are 27
each reenacted and amended to read as follows: 28
(1) The indeterminate sentence review board shall, when requested 29
by the governor, pass on the representations made in support of 30
applications for pardons for convicted persons and make 31
recommendations thereon to the governor. 32
(2) It will be the duty of the secretary of corrections to 33
exercise supervision over such convicted persons as have been 34
conditionally pardoned by the governor, to the end that such persons 35
shall faithfully comply with the conditions of such pardons. The 36
indeterminate sentence review board shall also pass on any 37
representations made in support of applications for restoration of 38
civil rights of convicted persons, and make recommendations to the 39
p. 8 SB 5256
governor. The department of corrections shall prepare materials and 1
make investigations requested by the indeterminate sentence review 2
board in order to assist the board in passing on the representations 3
made in support of applications for pardon or for the restoration of 4
civil rights. 5
(3) The board shall make no recommendations to the governor in 6
support of an application for pardon until a public hearing has been 7
held under this section or RCW 9.94A.885(3) upon the application. The 8
prosecuting attorney of the county where the conviction was obtained 9
shall be notified at least thirty days prior to the scheduled hearing 10
that an application for pardon has been filed and the date and place 11
at which the hearing on the application for pardon will be held. The 12
board may waive the thirty-day notice requirement in cases where it 13
determines that waiver is necessary to permit timely action on the 14
petition. A copy of the application for pardon shall be sent to the 15
prosecuting attorney. The prosecuting attorney shall make reasonable 16
efforts to notify victims, survivors of victims, witnesses, and the 17
law enforcement agency or agencies that conducted the investigation 18
of the date and place of the hearing. Information regarding victims, 19
survivors of victims, or witnesses receiving this notice are 20
confidential and shall not be available to the offender. The board 21
shall consider written, oral, audio, or videotaped statements 22
regarding the application for pardon received, personally or by 23
representation, from the individuals who receive notice pursuant to 24
this section. Any victim of any crime for which the person has been 25
convicted may intervene and object on the record. The board shall 26
give great weight to a victim's objection when deciding whether to 27
make a recommendation to the governor in support of an application 28
for pardon for the convicted person and consider a victim's objection 29
as an indicator that the convicted person has not sufficiently met 30
the conditions of restorative justice. The board shall make written 31
findings on the objection in its decision. This subsection is 32
intended solely for the guidance of the board. Nothing in this 33
section is intended or may be relied upon to create a right or 34
benefit, substantive or procedural, enforceable at law by any person.35
Sec. 5. RCW 7.69.032 and 2009 c 138 s 1 are each amended to read 36
as follows: 37
(1) The legislature recognizes the significant concerns that many 38
victims, survivors of victims, and witnesses of crimes have when 39
p. 9 SB 5256
offenders are considered for postsentence release from confinement. 1
Therefore, it is the intent of the legislature to ensure that 2
victims, survivors of victims, and witnesses of crimes are afforded 3
the opportunity to make a statement that will be considered prior to 4
the granting of postsentence release from confinement for any 5
offender under the jurisdiction of the indeterminate sentence review 6
board or its successor, or by the governor regarding an application 7
for pardon or commutation of sentence. 8
(2) Victims, survivors of victims, and witnesses of crimes have 9
the following rights: 10
(a) With respect to victims, survivors of victims, and witnesses 11
of crimes, to present a statement to the indeterminate sentence 12
review board or its successor, in person or by representation, via 13
audio or videotape or other electronic means, or in writing, prior to 14
the granting of parole or community custody release for any offender 15
under the board's jurisdiction. 16
(b) With respect to victims and survivors of victims, to present 17
a statement to the clemency and pardons board in person, via audio or 18
videotape or other electronic means, or in writing, at any hearing 19
conducted regarding an application for pardon or commutation of 20
sentence. 21
(c) With respect to victims and survivors of victims, to 22
intervene and object on the record to the parole or community custody 23
release of any offender under the indeterminate sentence review 24
board's jurisdiction, to have their objection be given great weight 25
by the board and considered an indicator that the offender has not 26
sufficiently met the conditions of restorative justice, and have 27
written findings made by the board on the objection.28
Sec. 6. RCW 9.95.422 and 2016 c 218 s 2 are each amended to read 29
as follows: 30
(1) Upon receipt of a petition for early release submitted under 31
RCW 9.94A.730, or upon determination of a parole eligibility review 32
date pursuant to RCW 9.95.100 and 9.95.052, the indeterminate 33
sentence review board must provide notice and a copy of a petition or 34
parole eligibility documents to the sentencing court, prosecuting 35
attorney, and crime victim or surviving family member. The board may 36
request the prosecuting attorney to assist in contacting the crime 37
victim or surviving family member. If requested in writing by the 38
sentencing court, the prosecuting attorney, or the crime victim or 39
p. 10 SB 5256
surviving family member, the indeterminate sentence review board must 1
also provide any assessment, psychological evaluation, institutional 2
behavior record, or other examination of the offender. Notice of the 3
early release hearing date or parole eligibility date, and any 4
evaluations or information relevant to the release decision, must be 5
provided at least ninety days before the early release hearing or 6
parole eligibility review hearing. The records described in this 7
section, and other records reviewed by the board in response to the 8
petition or parole eligibility review (([,])), must be disclosed in 9
full and without redaction. Copies of records to be provided to the 10
sentencing court and prosecuting attorney under this section must be 11
provided as required without regard to whether the board has received 12
a request for copies. 13
(2) For the purpose of review by the board of a petition for 14
early release or parole eligibility, it is presumed that none of the 15
records reviewed are exempt from disclosure to the sentencing court, 16
prosecuting attorney, and crime victim or surviving family member, in 17
whole or in part. The board may not claim any exemption from 18
disclosure for the records reviewed for an early release petition or 19
parole eligibility review hearing. 20
(3) The board and its subcommittees must provide comprehensive 21
minutes of all related meetings and hearings on a petition for early 22
release or parole eligibility review hearing. The comprehensive 23
minutes should include, but not be limited to, the board members 24
present, the name of the petitioner seeking review, the purpose and 25
date of the meeting or hearing, a listing of documents reviewed, the 26
names of members of the public who testify, any objection by a victim 27
of any crime for which the petitioner has been convicted, a summary 28
of discussion, the motions or other actions taken, written findings 29
on an objection by a victim, and the votes of board members by name. 30
For the purposes of this subsection, "action" has the same meaning as 31
in RCW 42.30.020. The comprehensive minutes must be publicly and 32
conspicuously posted on the board's website within thirty days of the 33
meeting or hearing, without any information withheld or redacted. 34
Nothing in this subsection precludes the board from receiving 35
confidential input from the crime victim or surviving family member.36
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