Parole

AN ACT Relating to reinstituting parole; amending RCW 9.94A.6332, 1
9.95.0001, 9.95.017, 9.95.110, 9.95.115, 9.95.120, 9.95.121, 2
9.95.122, 9.95.124, 9.95.125, 9.95.130, 9.95.280, 9.95.290, 9.95.340, 3
9.95.350, 9.95.360, 9.95.370, 9.95.422, 9.95.430, 9.95.435, 9.95.440, 4
and 9.95.900; reenacting and amending RCW 9.94A.717 and 9.94A.728; 5
adding new sections to chapter 9.94A RCW; and providing an expiration 6
date. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. A new section is added to chapter 9.94A 9
RCW to read as follows: 10
Notwithstanding any other provision of this chapter, and subject 11
to the provisions of chapter 9.95 RCW, any incarcerated individual in 12
the custody of the department for a felony offense committed on or 13
after July 1, 2027, may petition the board for parole after serving 14
no less than 60 percent of all terms of total confinement if the 15
incarcerated individual: 16
(1) Was not convicted of and is currently serving a term of 17
confinement for one or more crimes committed prior to the 18
individual's 18th birthday; 19
(2) Is not sentenced to life without the possibility of release 20
or parole; and 21
S-3813.2
SENATE BILL 6074
State of Washington 69th Legislature 2026 Regular Session
By Senators Dhingra, Frame, Lovick, Nobles, Saldaña, Trudeau, and
Wellman
Read first time 01/13/26. Referred to Committee on Law & Justice.
p. 1 SB 6074
(3) The current sentence was not imposed under RCW 10.95.030 or 1
9.94A.507. 2
NEW SECTION. Sec. 2. A new section is added to chapter 9.94A 3
RCW to read as follows: 4
(1) The parole implementation work group is established. The work 5
group membership must consist of the following members appointed by 6
the secretary of the department: 7
(a) A representative of the board; 8
(b) A representative of the Washington association of prosecuting 9
attorneys; 10
(c) A representative of the Washington association of criminal 11
defense lawyers; 12
(d) A representative of the Washington state superior court 13
judges' association; 14
(e) A representative of victim advocates; 15
(f) At least three individuals appointed in accordance with RCW 16
43.18A.020; and 17
(g) A representative of the department. 18
(2) Staff support for the work group must be provided by the 19
department. 20
(3) The work group shall provide a coordinated and comprehensive 21
approach to implementation of section 1 of this act.22
(4) The work group shall submit the following reports to the 23
appropriate committees of the legislature: 24
(a) A progress report by January 1, 2028; and 25
(b) A final report by November 30, 2029. 26
(5) The work group is subject to the reporting requirements in 27
RCW 43.18A.030. 28
(6) This section expires December 1, 2029. 29
Sec. 3. RCW 9.94A.6332 and 2024 c 306 s 8 are each amended to 30
read as follows: 31
The procedure for imposing sanctions for violations of sentence 32
conditions or requirements is as follows: 33
(1) If the offender was sentenced under the drug offender 34
sentencing alternative, any sanctions shall be imposed by the 35
department or the court pursuant to RCW 9.94A.660.36
(2) If the offender was sentenced under the drug offender 37
sentencing alternative for driving under the influence, any sanctions 38
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shall be imposed by the department or the court pursuant to RCW 1
9.94A.661. 2
(3) If the offender was sentenced under the special sex offender 3
sentencing alternative, any sanctions shall be imposed by the 4
department or the court pursuant to RCW 9.94A.670. 5
(4) If the offender was sentenced under the parenting sentencing 6
alternative, any sanctions shall be imposed by the department or by 7
the court pursuant to RCW 9.94A.655. 8
(5) If the offender was sentenced under the mental health 9
sentencing alternative, any sanctions shall be imposed by the 10
department or the court pursuant to RCW 9.94A.695.11
(6) If a sex offender was sentenced pursuant to RCW 9.94A.507, 12
any sanctions shall be imposed by the board pursuant to RCW 9.95.435.13
(7) If the offender was released pursuant to RCW 9.94A.730 or 14
released on parole pursuant to section 1 of this act , any sanctions 15
shall be imposed by the board pursuant to RCW 9.95.435.16
(8) If the offender was sentenced pursuant to RCW 10.95.030(2) or 17
10.95.035, any sanctions shall be imposed by the board pursuant to 18
RCW 9.95.435. 19
(9) In any other case, if the offender is being supervised by the 20
department, any sanctions shall be imposed by the department pursuant 21
to RCW 9.94A.737. If a probationer is being supervised by the 22
department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, upon 23
receipt of a violation hearing report from the department, the court 24
retains any authority that those statutes provide to respond to a 25
probationer's violation of conditions. 26
(10) If the offender is not being supervised by the department, 27
any sanctions shall be imposed by the court pursuant to RCW 28
9.94A.6333. 29
Sec. 4. RCW 9.94A.717 and 2025 c 397 s 1 and 2025 c 48 s 3 are 30
each reenacted and amended to read as follows: 31
(1) If an offender sentenced under this chapter or chapter 9.94B 32
RCW is supervised by the department, the offender may earn 33
supervision compliance credit in accordance with procedures that are 34
developed and adopted by the department. Such procedures shall be 35
available on the department's website. 36
(a) The supervision compliance credit shall be awarded to 37
offenders who are in compliance with supervision terms, as determined 38
by the department. 39
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(b) For each month in compliance with supervision terms in 1
accordance with (a) of this subsection, an offender may earn 2
supervision compliance credit of 10 days. 3
(c) Supervision compliance credit is accrued monthly and time 4
shall not be applied to an offender's term of supervision prior to 5
the earning of the time. 6
(d) An offender shall lose the ability to earn supervision 7
compliance credits if the offender is sanctioned by a court for 8
noncompliance with community custody requirements. 9
(2) An offender is not eligible to earn supervision compliance 10
credit if he or she: 11
(a) Was sentenced under RCW 9.94A.507 or 10.95.030;12
(b) Was sentenced to any sentencing alternative under this 13
chapter; 14
(c) Is subject to supervision pursuant to RCW 9.94A.745;15
(d) Is subject to a governor's conditional commutation;16
(e) Has an indeterminate sentence and is subject to parole 17
pursuant to RCW 9.95.017; or 18
(f) Is serving community custody pursuant to ((early)):19
(i) Early release under RCW 9.94A.730; or20
(ii) Release on parole under section 1 of this act.21
(3) An offender is not eligible to earn supervision compliance 22
credit on any cause being served concurrently with a less restrictive 23
alternative subject to supervision pursuant to RCW 71.09.092.24
Sec. 5. RCW 9.94A.728 and 2025 c 407 s 6 and 2025 c 371 s 6 are 25
each reenacted and amended to read as follows: 26
(1) No incarcerated individual serving a sentence imposed 27
pursuant to this chapter and committed to the custody of the 28
department shall leave the confines of the correctional facility or 29
be released prior to the expiration of the sentence except as 30
follows: 31
(a) An incarcerated individual may earn early release time as 32
authorized by RCW 9.94A.729; 33
(b) An incarcerated individual may leave a correctional facility 34
pursuant to an authorized furlough or leave of absence. In addition, 35
incarcerated individuals may leave a correctional facility when in 36
the custody of a corrections officer or officers; 37
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(c)(i) The secretary may authorize an extraordinary medical 1
placement for an incarcerated individual when all of the following 2
conditions exist: 3
(A) The incarcerated individual has been assessed by two 4
physicians and is determined to be one of the following:5
(I) Affected by a permanent or degenerative medical condition to 6
such a degree that the individual does not presently, and likely will 7
not in the future, pose a threat to public safety; or8
(II) In ill health and is expected to die within six months and 9
does not presently, and likely will not in the future, pose a threat 10
to public safety; 11
(B) The incarcerated individual has been assessed as low risk to 12
the community at the time of release; and 13
(C) It is expected that granting the extraordinary medical 14
placement will result in a cost savings to the state.15
(ii) An incarcerated individual sentenced to death or to life 16
imprisonment without the possibility of release or parole is not 17
eligible for an extraordinary medical placement. 18
(iii) The secretary shall require electronic monitoring for all 19
individuals in extraordinary medical placement unless the electronic 20
monitoring equipment is detrimental to the individual's health, 21
interferes with the function of the individual's medical equipment, 22
or results in the loss of funding for the individual's medical care, 23
in which case, an alternative type of monitoring shall be utilized. 24
The secretary shall specify who shall provide the monitoring services 25
and the terms under which the monitoring shall be performed.26
(iv) The secretary may revoke an extraordinary medical placement 27
under this subsection (1)(c) at any time. 28
(v) Persistent offenders are not eligible for extraordinary 29
medical placement; 30
(d) The governor, upon recommendation from the clemency and 31
pardons board, may grant an extraordinary release:32
(i) For reasons of serious health problems, senility, advanced 33
age, extraordinary meritorious acts, or other extraordinary 34
circumstances; or 35
(ii) Pursuant to RCW 9.94A.885; 36
(e) No more than the final 18 months of the incarcerated 37
individual's term of confinement may be served in partial confinement 38
for aiding the incarcerated individual with: Finding work as part of 39
the work release program under chapter 72.65 RCW; (([or])) or 40
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reestablishing himself or herself in the community as part of the 1
parenting program in RCW 9.94A.6551. This is in addition to that 2
period of earned early release time that may be exchanged for partial 3
confinement pursuant to RCW 9.94A.729(5)(d); 4
(f)(i) No more than the final nine months of the incarcerated 5
individual's term of confinement may be served in partial confinement 6
as home detention as part of the graduated reentry program developed 7
by the department under RCW 9.94A.733(1)(a); 8
(ii) For eligible incarcerated individuals under RCW 9
9.94A.733(1)(b), after serving at least three months in total 10
confinement in a state correctional facility, an incarcerated 11
individual may serve no more than the final 18 months of the 12
incarcerated individual's term of confinement in partial confinement 13
as home detention as part of the graduated reentry program developed 14
by the department; 15
(g) The governor may pardon any incarcerated individual;16
(h) The department may release an incarcerated individual from 17
confinement any time within 10 days before a release date calculated 18
under this section; 19
(i) An incarcerated individual may leave a correctional facility 20
prior to completion of his or her sentence if the sentence has been 21
reduced as provided in RCW 9.94A.870; 22
(j) Notwithstanding any other provisions of this section, an 23
incarcerated individual sentenced for a felony crime listed in RCW 24
9.94A.540 as subject to a mandatory minimum sentence of total 25
confinement shall not be released from total confinement before the 26
completion of the listed mandatory minimum sentence for that felony 27
crime of conviction unless allowed under RCW 9.94A.540; ((and))28
(k) Any individual convicted of one or more crimes committed 29
prior to the individual's 18th birthday may be released from 30
confinement pursuant to RCW 9.94A.730; and31
(l) An incarcerated individual convicted of a felony offense 32
committed on or after July 1, 2027, may be released on parole 33
pursuant to section 1 of this act. 34
(2) Notwithstanding any other provision of this section, an 35
incarcerated individual entitled to vacation of a conviction or the 36
recalculation of his or her offender score pursuant to State v. 37
Blake, No. 96873-0 (Feb. 25, 2021), may be released from confinement 38
pursuant to a court order if the incarcerated individual has already 39
served a period of confinement that exceeds his or her new standard 40
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range. This provision does not create an independent right to release 1
from confinement prior to resentencing. 2
(3) Individuals residing in a juvenile correctional facility 3
placement pursuant to RCW 72.01.410(1)(a) are not subject to the 4
limitations in this section. 5
Sec. 6. RCW 9.95.0001 and 2001 2nd sp.s. c 12 s 317 are each 6
amended to read as follows: 7
(1) "Board" means the indeterminate sentence review board.8
(2) "Community custody" means that portion of an offender's 9
sentence subject to controls including crime-related prohibitions and 10
affirmative conditions from the court, the board, or the department 11
of corrections based on risk to community safety, that is served 12
under supervision in the community, and which may be modified or 13
revoked for violations of release conditions. 14
(3) "Crime-related prohibition" has the meaning defined in RCW 15
9.94A.030. 16
(4) "Department" means the department of corrections.17
(5) "Parole" means ((that)):18
(a) That portion of a person's sentence for a crime committed 19
before July 1, 1984, served on conditional release in the community 20
subject to board controls and revocation and under supervision of the 21
department; and22
(b) That portion of a person's sentence for a felony offense 23
committed on or after July 1, 2027, served on conditional release in 24
the community pursuant to section 1 of this act and subject to board 25
controls and revocation and under supervision of the department.26
(6) "Secretary" means the secretary of the department of 27
corrections or his or her designee. 28
Sec. 7. RCW 9.95.017 and 2009 c 28 s 22 are each amended to read 29
as follows: 30
(1)(a)(i) The board shall cause to be prepared criteria for 31
duration of confinement, release on parole, and length of parole for 32
persons committed to prison for crimes committed before July 1, 1984.33
(ii) The board shall cause to be prepared criteria for release on 34
parole and length of parole for persons committed to prison for 35
felony offenses committed on or after July 1, 2027, who apply for 36
parole pursuant to section 1 of this act.37
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(b) The proposed criteria should take into consideration RCW 1
9.95.009(2). Before submission to the governor, the board shall 2
solicit comments and review on their proposed criteria for parole 3
release. 4
(2) Persons committed to the department ((of corrections )) and 5
who are under the authority of the board for ((crimes)) sex offenses 6
committed on or after September 1, 2001, are subject to the 7
provisions for duration of confinement, release to community custody, 8
and length of community custody established in RCW 9.94A.507, 9
9.94A.704, 72.09.335, and 9.95.420 through 9.95.440.10
Sec. 8. RCW 9.95.110 and 2009 c 28 s 26 are each amended to read 11
as follows: 12
(1) The board may permit an offender convicted of a crime 13
committed before July 1, 1984, to leave the buildings and enclosures 14
of a state correctional institution on parole, after such convicted 15
person has served the period of confinement fixed for him or her by 16
the board, less time credits for good behavior and diligence in work: 17
PROVIDED, That in no case shall an inmate be credited with more than 18
one-third of his or her sentence as fixed by the board.19
((The board may establish rules and regulations under which an 20
offender may be allowed to leave the confines of a state correctional 21
institution on parole, and may return such person to the confines of 22
the institution from which he or she was paroled, at its 23
discretion.))24
(2) The board may permit an offender convicted of a felony 25
offense committed on or after July 1, 2027, and sentenced under RCW 26
9.94A.505, to leave a state correctional institution on parole 27
pursuant to section 1 of this act.28
(3) The board may permit an offender convicted of a crime 29
committed on or after September 1, 2001, and sentenced under RCW 30
9.94A.507, to leave a state correctional institution on community 31
custody according to the provisions of RCW 9.94A.507, 9.94A.704, 32
72.09.335, and 9.95.420 through 9.95.440. The person may be returned 33
to the institution following a violation of his or her conditions of 34
release to community custody pursuant to the hearing provisions of 35
RCW 9.95.435. 36
(4) The board may establish rules and regulations under which an 37
offender may be allowed to leave the confines of a state correctional 38
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institution on parole, and may return such person to the confines of 1
the institution from which the person was paroled, at its discretion.2
Sec. 9. RCW 9.95.115 and 2001 2nd sp.s. c 12 s 332 are each 3
amended to read as follows: 4
((The indeterminate sentence review )) (1) Except those persons 5
sentenced to life without the possibility of parole, the board is 6
hereby granted authority to parole any person sentenced to the 7
custody of the department ((of corrections,)) under a mandatory life 8
sentence for ((a)):9
(a) A crime committed before July 1, 1984 ((, except those persons 10
sentenced to life without the possibility of parole)); or11
(b) A felony offense committed on or after July 1, 2027, who 12
applies for parole pursuant to section 1 of this act.13
(2) No such person described under subsection (1)(a) of this 14
section shall be granted parole unless the person has been 15
continuously confined therein for a period of twenty consecutive 16
years less earned good time((: PROVIDED, That no)).17
(3) No such person described under subsection (1) of this section 18
shall be released under parole who is subject to civil commitment as 19
a sexually violent predator under chapter 71.09 RCW.20
Sec. 10. RCW 9.95.120 and 2003 c 218 s 5 are each amended to 21
read as follows: 22
Whenever the board or a community corrections officer of this 23
state has reason to believe a person convicted of a crime committed 24
before July 1, 1984 ((,)); or a person convicted of a felony offense 25
committed on or after July 1, 2027, who applied for parole pursuant 26
to section 1 of this act; has breached a condition of his or her 27
parole or violated the law of any state where he or she may then be 28
or the rules and regulations of the board, any community corrections 29
officer of this state may arrest or cause the arrest and detention 30
and suspension of parole of such convicted person pending a 31
determination by the board whether the parole of such convicted 32
person shall be revoked. All facts and circumstances surrounding the 33
violation by such convicted person shall be reported to the board by 34
the community corrections officer, with recommendations. The board, 35
after consultation with the secretary ((of corrections)), shall make 36
all rules and regulations concerning procedural matters, which shall 37
include the time when state community corrections officers shall file 38
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with the board reports required by this section, procedures 1
pertaining thereto and the filing of such information as may be 2
necessary to enable the board to perform its functions under this 3
section. On the basis of the report by the community corrections 4
officer, or at any time upon its own discretion, the board may revise 5
or modify the conditions of parole or order the suspension of parole 6
by the issuance of a written order bearing its seal, which order 7
shall be sufficient warrant for all peace officers to take into 8
custody any convicted person who may be on parole and retain such 9
person in their custody until arrangements can be made by the board 10
for his or her return to a state correctional institution for 11
convicted felons. Any such revision or modification of the conditions 12
of parole or the order suspending parole shall be personally served 13
upon the parolee. 14
Any parolee arrested and detained in physical custody by the 15
authority of a state community corrections officer, or upon the 16
written order of the board, shall not be released from custody on 17
bail or personal recognizance, except upon approval of the board and 18
the issuance by the board of an order of reinstatement on parole on 19
the same or modified conditions of parole. 20
All chiefs of police, marshals of cities and towns, sheriffs of 21
counties, and all police, prison, and peace officers and constables 22
shall execute any such order in the same manner as any ordinary 23
criminal process. 24
Whenever a paroled prisoner is accused of a violation of his or 25
her parole, other than the commission of, and conviction for, a 26
felony or misdemeanor under the laws of this state or the laws of any 27
state where he or she may then be, he or she shall be entitled to a 28
fair and impartial hearing of such charges within thirty days from 29
the time that he or she is served with charges of the violation of 30
conditions of parole after his or her arrest and detention. The 31
hearing shall be held before one or more members of the board at a 32
place or places, within this state, reasonably near the site of the 33
alleged violation or violations of parole. 34
In the event that the board suspends a parole by reason of an 35
alleged parole violation or in the event that a parole is suspended 36
pending the disposition of a new criminal charge, the board shall 37
have the power to nullify the order of suspension and reinstate the 38
individual to parole under previous conditions or any new conditions 39
that the board may determine advisable. Before the board shall 40
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nullify an order of suspension and reinstate a parole they shall have 1
determined that the best interests of society and the individual 2
shall best be served by such reinstatement rather than a return to a 3
correctional institution. 4
Sec. 11. RCW 9.95.121 and 2009 c 28 s 27 are each amended to 5
read as follows: 6
(1) For offenders convicted of crimes committed before July 1, 7
1984((,)); or offenders convicted of felony offenses committed on or 8
after July 1, 2027, who applied for parole pursuant to section 1 of 9
this act; within fifteen days from the date of notice to the 10
department ((of corrections )) of the arrest and detention of the 11
alleged parole violator, he or she shall be personally served by a 12
state community corrections officer with a copy of the factual 13
allegations of the violation of the conditions of parole, and, at the 14
same time shall be advised of his or her right to an on-site parole 15
revocation hearing and of his or her rights and privileges as 16
provided in RCW 9.95.120 through 9.95.126. The alleged parole 17
violator, after service of the allegations of violations of the 18
conditions of parole and the advice of rights may waive the on-site 19
parole revocation hearing as provided in RCW 9.95.120, and admit one 20
or more of the alleged violations of the conditions of parole. If the 21
board accepts the waiver it shall either, (a) reinstate the parolee 22
on parole under the same or modified conditions, or (b) revoke the 23
parole of the parolee and enter an order of parole revocation and 24
return to state custody. A determination of a new minimum sentence 25
shall be made within thirty days of return to state custody which 26
shall not exceed the maximum sentence as provided by law for the 27
crime of which the parolee was originally convicted or the maximum 28
fixed by the court. 29
If the waiver made by the parolee is rejected by the board it 30
shall hold an on-site parole revocation hearing under the provisions 31
of RCW 9.95.120 through 9.95.126. 32
(2) Offenders sentenced under RCW 9.94A.507 are subject to the 33
violation hearing process established in RCW 9.95.435.34
Sec. 12. RCW 9.95.122 and 2009 c 28 s 28 are each amended to 35
read as follows: 36
(1) At any on-site parole revocation hearing for a person 37
convicted of a crime committed before July 1, 1984 ((,)); or a person 38
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convicted of a felony offense committed on or after July 1, 2027, who 1
applied for parole pursuant to section 1 of this act; the alleged 2
parole violator shall be entitled to be represented by an attorney of 3
his or her own choosing and at his or her own expense, except, upon 4
the presentation of satisfactory evidence of indigency and the 5
request for the appointment of an attorney by the alleged parole 6
violator, the board may cause the appointment of an attorney to 7
represent the alleged parole violator to be paid for at state 8
expense, and, in addition, the board may assume all or such other 9
expenses in the presentation of evidence on behalf of the alleged 10
parole violator as it may have authorized: PROVIDED, That funds are 11
available for the payment of attorneys' fees and expenses. Attorneys 12
for the representation of alleged parole violators in on-site 13
hearings shall be appointed by the superior courts for the counties 14
wherein the on-site parole revocation hearing is to be held and such 15
attorneys shall be compensated in such manner and in such amount as 16
shall be fixed in a schedule of fees adopted by rule of the board.17
(2) The rights of offenders sentenced under RCW 9.94A.507 are 18
defined in RCW 9.95.435. 19
Sec. 13. RCW 9.95.124 and 2001 2nd sp.s. c 12 s 337 are each 20
amended to read as follows: 21
At all on-site parole revocation hearings for offenders convicted 22
of crimes committed before July 1, 1984 ((,)); or offenders convicted 23
of felony offenses committed on or after July 1, 2027, who applied 24
for parole pursuant to section 1 of this act; the community 25
corrections officers of the department ((of corrections )), having 26
made the allegations of the violations of the conditions of parole, 27
may be represented by the attorney general. The attorney general may 28
make independent recommendations to the board about whether the 29
violations constitute sufficient cause for the revocation of the 30
parole and the return of the parolee to a state correctional 31
institution for convicted felons. The hearings shall be open to the 32
public unless the board for specifically stated reasons closes the 33
hearing in whole or in part. The hearings shall be recorded either 34
manually or by a mechanical recording device. An alleged parole 35
violator may be requested to testify and any such testimony shall not 36
be used against him or her in any criminal prosecution. The board 37
shall adopt rules governing the formal and informal procedures 38
authorized by this chapter and make rules of practice before the 39
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board in on -site parole revocation hearings, together with forms and 1
instructions. 2
Sec. 14. RCW 9.95.125 and 2001 2nd sp.s. c 12 s 338 are each 3
amended to read as follows: 4
After the on -site parole revocation hearing for a person 5
convicted of a crime committed before July 1, 1984 ((,)); or a person 6
convicted of a felony offense committed on or after July 1, 2027, who 7
applied for parole pursuant to section 1 of this act; has been 8
concluded, the members of the board having heard the matter shall 9
enter their decision of record within ten days, and make findings and 10
conclusions upon the allegations of the violations of the conditions 11
of parole. If the member, or members having heard the matter, should 12
conclude that the allegations of violation of the conditions of 13
parole have not been proven by a preponderance of the evidence, or, 14
those which have been proven by a preponderance of the evidence are 15
not sufficient cause for the revocation of parole, then the parolee 16
shall be reinstated on parole on the same or modified conditions of 17
parole. For parole violations not resulting in new convictions, 18
modified conditions of parole may include sanctions according to an 19
administrative sanction grid. If the member or members having heard 20
the matter should conclude that the allegations of violation of the 21
conditions of parole have been proven by a preponderance of the 22
evidence and constitute sufficient cause for the revocation of 23
parole, then such member or members shall enter an order of parole 24
revocation and return the parole violator to state custody. Within 25
thirty days of the return of such parole violator to a state 26
correctional institution the board shall enter an order determining a 27
new minimum term not exceeding the maximum penalty provided by law 28
for the crime for which the parole violator was originally convicted 29
or the maximum fixed by the court. 30
Sec. 15. RCW 9.95.130 and 2001 2nd sp.s. c 12 s 340 are each 31
amended to read as follows: 32
From and after the suspension, cancellation, or revocation of the 33
parole of any offender convicted of a crime committed before July 1, 34
1984((,)); or any offender convicted of a felony offense committed on 35
or after July 1, 2027, who applied for parole pursuant to section 1 36
of this act; and until ((his or her )) the offender's return to 37
custody the offender shall be deemed an escapee and a fugitive from 38
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justice. The ((indeterminate sentence review )) board may deny credit 1
against the maximum sentence any time during which ((he or she )) the 2
offender is an escapee and fugitive from justice. 3
Sec. 16. RCW 9.95.280 and 2011 1st sp.s. c 40 s 20 are each 4
amended to read as follows: 5
The secretary, upon recommendation by the board, may deputize any 6
person (regularly employed by another state) to act as an officer and 7
agent of this state in effecting the return of any person convicted 8
of a crime committed before July 1, 1984 ((,)); or any person 9
convicted of a felony offense committed on or after July 1, 2027, who 10
applied for parole pursuant to section 1 of this act; who has 11
violated the terms and conditions of parole or probation as granted 12
by this state. In any matter relating to the return of such a person, 13
any agent so deputized shall have all the powers of a police officer 14
of this state. 15
Sec. 17. RCW 9.95.290 and 2001 2nd sp.s. c 12 s 345 are each 16
amended to read as follows: 17
Any deputization pursuant to this statute with regard to an 18
offender convicted of a crime committed before July 1, 1984 ((,)); or 19
an offender convicted of a felony offense committed on or after July 20
1, 2027, who applied for parole pursuant to section 1 of this act; 21
shall be in writing and any person authorized to act as an agent of 22
this state pursuant hereto shall carry formal evidence of his or her 23
deputization and shall produce the same upon demand.24
Sec. 18. RCW 9.95.340 and 2001 2nd sp.s. c 12 s 349 are each 25
amended to read as follows: 26
(1) Any funds in the hands of the department ((of corrections)), 27
or which may come into its hands, which belong to discharged 28
prisoners, inmates assigned to work/training release facilities, 29
parolees or persons convicted of a felony and granted probation who 30
absconded, or whose whereabouts are unknown, shall be deposited in 31
the community services revolving fund. Said funds shall be used to 32
defray the expenses of clothing and other necessities and for 33
transporting discharged prisoners, inmates assigned to work/training 34
release facilities, parolees and persons convicted of a felony and 35
granted probation who are without means to secure the same. All 36
payments disbursed from these funds shall be repaid, whenever 37
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possible, by discharged prisoners, inmates assigned to work/training 1
release facilities, parolees and persons convicted of a felony and 2
granted probation for whose benefit they are made. Whenever any money 3
belonging to such persons is so paid into the revolving fund, it 4
shall be repaid to them in accordance with law if a claim therefor is 5
filed with the department ((of corrections )) within five years of 6
deposit into said fund and upon a clear showing of a legal right of 7
such claimant to such money. 8
(2) This section applies to ((persons)):9
(a) Persons convicted of a felony committed before July 1, 1984 ; 10
and11
(b) Persons convicted of a felony offense committed on or after 12
July 1, 2027, who applied for parole pursuant to section 1 of this 13
act. 14
Sec. 19. RCW 9.95.350 and 2001 2nd sp.s. c 12 s 350 are each 15
amended to read as follows: 16
(1)(a) All money or other property paid or delivered to a 17
community corrections officer or employee of the department ((of 18
corrections)) by or for the benefit of any discharged prisoner, 19
inmate assigned to a work/training release facility, parolee or 20
persons convicted of a felony and granted probation shall be 21
immediately transmitted to the department ((of corrections )) and it 22
shall enter the same upon its books to his or her credit. Such money 23
or other property shall be used only under the direction of the 24
department ((of corrections)). 25
(b) If such person absconds, the money shall be deposited in the 26
revolving fund created by RCW 9.95.360, and any other property, if 27
not called for within one year, shall be sold by the department ((of 28
corrections)) and the proceeds credited to the revolving fund.29
(c) If any person, files a claim within five years after the 30
deposit or crediting of such funds, and satisfies the department ((of 31
corrections)) that he or she is entitled thereto, the department may 32
make a finding to that effect and may make payment to the claimant in 33
the amount to which he or she is entitled. 34
(2) This section applies to ((persons)):35
(a) Persons convicted of a felony committed before July 1, 1984 ; 36
and37
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(b) Persons convicted of a felony offense committed on or after 1
July 1, 2027, who applied for parole pursuant to section 1 of this 2
act. 3
Sec. 20. RCW 9.95.360 and 2001 2nd sp.s. c 12 s 351 are each 4
amended to read as follows: 5
(1) The department ((of corrections)) shall create, maintain, and 6
administer outside the state treasury a permanent revolving fund to 7
be known as the "community services revolving fund" into which shall 8
be deposited all moneys received by it under RCW 9.95.310 through 9
9.95.370 and any appropriation made for the purposes of RCW 9.95.310 10
through 9.95.370. All expenditures from this revolving fund shall be 11
made by check or voucher signed by the secretary ((of corrections )) 12
or his or her designee. The community services revolving fund shall 13
be deposited by the department ((of corrections )) in such banks or 14
financial institutions as it may select which shall give to the 15
department a surety bond executed by a surety company authorized to 16
do business in this state, or collateral eligible as security for 17
deposit of state funds in at least the full amount of deposit.18
(2) This section applies to ((persons)):19
(a) Persons convicted of a felony committed before July 1, 1984 ; 20
and21
(b) Persons convicted of a felony offense committed on or after 22
July 1, 2027, who applied for parole pursuant to section 1 of this 23
act. 24
Sec. 21. RCW 9.95.370 and 2001 2nd sp.s. c 12 s 352 are each 25
amended to read as follows: 26
(1) The secretary ((of corrections)) or his or her designee shall 27
enter into a written agreement with every person receiving funds 28
under RCW 9.95.310 through 9.95.370 that such person will repay such 29
funds under the terms and conditions in said agreement. No person 30
shall receive funds until such an agreement is validly made.31
(2) This section applies to ((persons)):32
(a) Persons convicted of a felony committed before July 1, 1984 ; 33
and34
(b) Persons convicted of a felony offense committed on or after 35
July 1, 2027, who applied for parole pursuant to section 1 of this 36
act. 37
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Sec. 22. RCW 9.95.422 and 2016 c 218 s 2 are each amended to 1
read as follows: 2
(1) Upon receipt of a petition for early release submitted under 3
RCW 9.94A.730, or a petition for parole submitted under section 1 of 4
this act , or upon determination of a parole eligibility review date 5
pursuant to RCW 9.95.100 and 9.95.052, the ((indeterminate sentence 6
review)) board must provide notice and a copy of a petition or parole 7
eligibility documents to the sentencing court, prosecuting attorney, 8
and crime victim or surviving family member. The board may request 9
the prosecuting attorney to assist in contacting the crime victim or 10
surviving family member. If requested in writing by the sentencing 11
court, the prosecuting attorney, or the crime victim or surviving 12
family member, the ((indeterminate sentence review )) board must also 13
provide any assessment, psychological evaluation, institutional 14
behavior record, or other examination of the offender. Notice of the 15
early release hearing date or parole eligibility date, and any 16
evaluations or information relevant to the release decision, must be 17
provided at least ninety days before the early release hearing or 18
parole eligibility review hearing. The records described in this 19
section, and other records reviewed by the board in response to the 20
petition or parole eligibility review (([,])), must be disclosed in 21
full and without redaction. Copies of records to be provided to the 22
sentencing court and prosecuting attorney under this section must be 23
provided as required without regard to whether the board has received 24
a request for copies. 25
(2) For the purpose of review by the board of a petition for 26
early release or parole eligibility, it is presumed that none of the 27
records reviewed are exempt from disclosure to the sentencing court, 28
prosecuting attorney, and crime victim or surviving family member, in 29
whole or in part. The board may not claim any exemption from 30
disclosure for the records reviewed for an early release petition or 31
parole eligibility review hearing. 32
(3) The board and its subcommittees must provide comprehensive 33
minutes of all related meetings and hearings on a petition for early 34
release or parole eligibility review hearing. The comprehensive 35
minutes should include, but not be limited to, the board members 36
present, the name of the petitioner seeking review, the purpose and 37
date of the meeting or hearing, a listing of documents reviewed, the 38
names of members of the public who testify, a summary of discussion, 39
the motions or other actions taken, and the votes of board members by 40
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name. For the purposes of this subsection, "action" has the same 1
meaning as in RCW 42.30.020. The comprehensive minutes must be 2
publicly and conspicuously posted on the board's website within 3
thirty days of the meeting or hearing, without any information 4
withheld or redacted. Nothing in this subsection precludes the board 5
from receiving confidential input from the crime victim or surviving 6
family member. 7
Sec. 23. RCW 9.95.430 and 2014 c 130 s 6 are each amended to 8
read as follows: 9
Any offender released under RCW 9.95.420, 10.95.030(((3))) (2), 10
((or)) 9.94A.730, or section 1 of this act who is arrested and 11
detained in physical custody by the authority of a community 12
corrections officer, or upon the written order of the board, shall 13
not be released from custody on bail or personal recognizance, except 14
upon approval of the board and the issuance by the board of an order 15
reinstating the offender's release on the same or modified 16
conditions. All chiefs of police, marshals of cities and towns, 17
sheriffs of counties, and all police, prison, and peace officers and 18
constables shall execute any such order in the same manner as any 19
ordinary criminal process. 20
Sec. 24. RCW 9.95.435 and 2024 c 118 s 6 are each amended to 21
read as follows: 22
(1) If an offender released by the board under RCW 9.95.420, 23
10.95.030(2), ((or)) 9.94A.730, or section 1 of this act violates any 24
condition or requirement of community custody, the board may transfer 25
the offender to a more restrictive confinement status to serve up to 26
the remaining portion of the sentence, less credit for any period 27
actually spent in community custody or in detention awaiting 28
disposition of an alleged violation and subject to the limitations of 29
subsection (2) of this section. 30
(2) Following the hearing specified in subsection (3) of this 31
section, the board may impose sanctions such as work release, home 32
detention with electronic monitoring, work crew, community 33
restitution, inpatient treatment, daily reporting, curfew, 34
educational or counseling sessions, supervision enhanced through 35
electronic monitoring, or any other sanctions available in the 36
community, or may suspend the release and sanction up to sixty days' 37
confinement in a local correctional facility for each violation, or 38
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revoke the release to community custody whenever an offender released 1
by the board under RCW 9.95.420, 10.95.030(2), ((or)) 9.94A.730, or 2
section 1 of this act violates any condition or requirement of 3
community custody. 4
(3) If an offender released by the board under RCW 9.95.420, 5
10.95.030(2), ((or)) 9.94A.730, or section 1 of this act is accused 6
of violating any condition or requirement of community custody, he or 7
she is entitled to a hearing before the board or a designee of the 8
board prior to the imposition of sanctions. The hearing shall be 9
considered as offender disciplinary proceedings and shall not be 10
subject to chapter 34.05 RCW. The board shall develop hearing 11
procedures and a structure of graduated sanctions consistent with the 12
hearing procedures and graduated sanctions developed pursuant to RCW 13
9.94A.737. The board may suspend the offender's release to community 14
custody and confine the offender in a correctional institution owned, 15
operated by, or operated under contract with the state prior to the 16
hearing unless the offender has been arrested and confined for a new 17
criminal offense. 18
(4) The hearing procedures required under subsection (3) of this 19
section shall be developed by rule and include the following:20
(a) Hearings shall be conducted by members or designees of the 21
board unless the board enters into an agreement with the department 22
to use the hearing officers established under RCW 9.94A.737;23
(b) The board shall provide the offender with findings and 24
conclusions which include the evidence relied upon, and the reasons 25
the particular sanction was imposed. The board shall notify the 26
offender of the right to appeal the sanction and the right to file a 27
personal restraint petition under court rules after the final 28
decision of the board; 29
(c) The hearing shall be held unless waived by the offender, and 30
shall be electronically recorded. For offenders not in total 31
confinement, the hearing shall be held within 30 days of service of 32
notice of the violation, but not less than 24 hours after notice of 33
the violation. For offenders in total confinement, the hearing shall 34
be held within 30 days of service of notice of the violation, but not 35
less than 24 hours after notice of the violation. The board or its 36
designee shall make a determination whether probable cause exists to 37
believe the violation or violations occurred. The determination shall 38
be made within 48 hours of receipt of the allegation;39
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(d) The offender shall have the right to: (i) Be present at the 1
hearing; (ii) have the assistance of a person qualified to assist the 2
offender in the hearing, appointed by the presiding hearing officer 3
if the offender has a language or communications barrier; (iii) 4
testify or remain silent; (iv) call witnesses and present documentary 5
evidence; (v) question witnesses who appear and testify; and (vi) be 6
represented by counsel if revocation of the release to community 7
custody upon a finding of violation is a probable sanction for the 8
violation. The board may not revoke the release to community custody 9
of any offender who was not represented by counsel at the hearing, 10
unless the offender has waived the right to counsel; and11
(e) The sanction shall take effect if affirmed by the presiding 12
hearing officer. 13
(5) Within seven days after the presiding hearing officer's 14
decision, the offender may appeal the decision to the full board or 15
to a panel of three reviewing examiners designated by the chair of 16
the board or by the chair's designee. The sanction shall be reversed 17
or modified if a majority of the panel finds that the sanction was 18
not reasonably related to at least one of the following: (a) The 19
crime of conviction; (b) the violation committed; (c) the offender's 20
risk of reoffending; or (d) the safety of the community.21
(6) For purposes of this section, no finding of a violation of 22
conditions may be based on unconfirmed or unconfirmable allegations.23
Sec. 25. RCW 9.95.440 and 2014 c 130 s 8 are each amended to 24
read as follows: 25
In the event the board suspends the release status of an offender 26
released under RCW 9.95.420, 10.95.030(((3))) (2), ((or)) 9.94A.730, 27
or section 1 of this act by reason of an alleged violation of a 28
condition of release, or pending disposition of a new criminal 29
charge, the board may nullify the suspension order and reinstate 30
release under previous conditions or any new conditions the board 31
determines advisable under RCW 9.94A.704. Before the board may 32
nullify a suspension order and reinstate release, it shall determine 33
that the best interests of society and the offender shall be served 34
by such reinstatement rather than return to confinement.35
Sec. 26. RCW 9.95.900 and 2009 c 28 s 31 are each amended to 36
read as follows: 37
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(1) Except as provided in subsection s (2) and (3) of this 1
section, the following sections of law do not apply to any felony 2
offense committed on or after July 1, 1984: RCW 9.95.010, 9.95.011, 3
9.95.013, 9.95.015, 9.95.017, 9.95.040, 9.95.045, 9.95.047, 9.95.052, 4
9.95.080, 9.95.100, 9.95.115, 9.95.116, 9.95.120, 9.95.124, 9.95.125, 5
9.95.130, 9.95.190, 9.95.200, 9.95.204, ((9.95.206,)) 9.95.210, 6
((9.95.212,)) 9.95.214, 9.95.220, 9.95.230, 9.95.240, 9.95.250, 7
9.95.260, 9.95.265, 9.95.280, 9.95.290, 9.95.310, 9.95.320, 9.95.330, 8
9.95.340, 9.95.350, 9.95.360, 9.95.370, 72.04A.070, and 72.04A.080.9
(2) The following sections apply to any felony offense committed 10
before July 1, 1984, and to any offense sentenced under RCW 9.94A.507 11
and committed on or after July 1, 2001: RCW 9.95.003, 9.95.005, 12
9.95.007, 9.95.020, 9.95.030, 9.95.031, 9.95.032, 9.95.055, 9.95.060, 13
9.95.062, 9.95.063, 9.95.064, 9.95.070, 9.95.090, 9.95.110, 9.95.121, 14
9.95.122, 9.95.123, 9.95.126, 9.95.140, 9.95.150, 9.95.160, 9.95.170, 15
9.95.300, and 9.96.050. 16
(3) The following sections apply if an offender convicted of a 17
felony offense committed on or after July 1, 2027, applies for parole 18
pursuant to section 1 of this act: RCW 9.95.003, 9.95.005, 9.95.007, 19
9.95.009, 9.95.013, 9.95.017, 9.95.020, 9.95.030, 9.95.031, 9.95.032, 20
9.95.055, 9.95.060, 9.95.062, 9.95.063, 9.95.064, 9.95.070, 9.95.090, 21
9.95.110, 9.95.115, 9.95.120, 9.95.121, 9.95.122, 9.95.123, 9.95.124, 22
9.95.125, 9.95.126, 9.95.130, 9.95.140, 9.95.143, 9.95.150, 9.95.155, 23
9.95.160, 9.95.170, 9.95.250, 9.95.260, 9.95.265, 9.95.270, 9.95.280, 24
9.95.290, 9.95.300, 9.95.310, 9.95.320, 9.95.330, 9.95.340, 9.95.350, 25
9.95.360, 9.95.370, 9.95.422, 9.95.425, 9.95.430, 9.95.435, and 26
9.95.440.27
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