What are the three types of inmates for which the ISRB has jurisdiction?The Indeterminate Sentence Review Board (ISRB or Board) has jurisdiction over three types of inmates at the Department of Corrections (DOC): Parole (PRE), Community Custody Board (CCB) and Juvenile Board Cases (JUVBRD). Show
Parole (PRE) Inmates who committed their crime(s) prior to July 1, 1984 and were sentenced to prison. The ISRB must determine if the inmate's rehabilitation is complete and whether he or she is a fit subject for release. If the ISRB makes a decision to release the inmate, the Department of Corrections (DOC) will then propose a release plan. The ISRB will review and either approve or reject the release plan. If a parolee fails to follow the conditions of parole, the ISRB can revoke parole or impose new parole conditions on the parolee. Learn more about Parole (PRE) cases. Community Custody Board (CCB) Offenders who committed certain sex offenses on or after September 1, 2001. The ISRB must determine if a preponderance of evidence suggests the offender is more likely than not to commit a sex offense if released with conditions. If the ISRB decides to release the person to community custody, the person must comply with all release conditions that were imposed by the court when he/she was sentenced, as well as any conditions imposed by the ISRB. If an person fails to follow those conditions, the ISRB can revoke the release or impose new release conditions on the offender. Learn more about Community Custody Board (CCB) cases. Juvenile Board Cases (JUVBRD) Inmates who committed crimes prior to their 18th birthday and are sentenced as adults. The ISRB must determine if a preponderance of evidence suggests the inmate is more likely than not to commit a new crime. If the ISRB decides to release the inmate on supervision, the inmate must comply with all release conditions that were imposed by the court when he/she was sentenced, as well as any conditions imposed by the ISRB. If an inmate fails to follow those conditions, the ISRB can revoke the release or impose new release conditions on the inmate. What are Parole (PRE) cases?PRE persons committed their crimes prior to July 1, 1984. In addition, they were sentenced to prison. These persons have indeterminate sentences (RCW 9.95.011(2)). This means the amount of time an inmate will spend in prison is not known when they are sentenced. The sentencing judge sets a maximum prison term. The Indeterminate Sentence Review Board (ISRB of Board) sets a minimum term. The Board decides if a PRE person can leave prison before the maximum term is up. The Board holds a hearing several months before the parole eligibility date (PERD). This date is figured based on the minimum term and inmate earned time. A number of factors are considered before the Board makes a decision. If the decision is for parole, a plan is made to move the inmate into the community (parole). That plan may call for the inmate spending time in a prison program or work-release before release. If the decision is against parole, time is added, and a new minimum term is set. The Board also sets a new minimum term for a revoked parole. Inmates returning from escape and "new" cases also get new minimum terms. The Board is seeing a number of "new" PRE cases coming into prison. This is due to cold cases being solved by DNA match. The Department of Corrections (DOC) supervises parolees. Parolees must follow the terms of supervision set by the court, DOC, and the Board. The Board gives the inmate a discharge from supervision if the rules are followed for 36 months. Parolees who finish supervision may also earn the Restoration of Civil Rights. What are Community Custody Board (CCB) cases?CCBs are individuals convicted of certain sex offenses committed on or after September 1, 2001. RCW 9.94A.507 lists the qualifying offenses. The sentencing judge sets the minimum using the Sentencing Reform Act (SRA) guideline range. The maximum sentence is set according to what is listed in statute for the crime. The Indeterminate Sentence Review Board (ISRB) or (Board) holds a release hearing 120 days prior to the earned release date (ERD). (The ERD is the minimum term minus earned time). The Board must determine if the individual is more likely than not or less likely than not to commit a sex offense if released with conditions. If the Board finds an individual not releasable, they will add time to the minimum term and schedule another hearing. No more than sixty (60) months can be added to the minimum term at each hearing. If the Board finds the individual releasable, the next action would be to submit an offender release plan (ORP). The Department of Corrections (DOC) supervises CCB individuals while they are in the community. Release conditions are set by the court and the Board. The DOC will report any violations to the Board which could result in a hearing with the Board or the violations could be dealt with administratively. For in-person violation hearings, revocation of release and return to prison is a possibility. If this happens, the Board will set a new minimum term. What are Community Custody Board (CCB) crimes?There are two ways persons may be given Determinate Plus/CCB sentences:
Crimes with correlating RCW:
What are Juvenile Board (JUVBRD) cases?These cases involve certain juveniles who committed crimes prior to their 18th birthday and were convicted as adults. This law is a result of the U.S. Supreme Court Miller vs. Alabama (pdf) that recognized that juveniles should not be sentenced to life without parole prior to considering certain mitigating factors. There are two types of Juvenile Board Cases:
Releasability: Juvenile Board inmates have a presumption of release unless the Board determines by a preponderance of the evidence that the inmate is more likely than not to commit new criminal law violations (RCW 10.95.030 & 9.94A.730). The Department of Corrections (DOC) supervises Juvenile Board inmates while they are on supervision. The inmate must follow the terms of supervision, set by the court and the Board. The DOC will report any violations to the Board and appropriate action will be taken by the Board, which may include an in-custody hearing. They will be supervised for three years. Why does the ISRB consider releasing inmates from prison before they have served the maximum sentence imposed by the court?The legislature has given authority to the Board to release inmates if the statutory criteria is met in the three different populations under the Board’s jurisdiction:
What are the factors considered by the Board for release decisions?The Board considers many factors before determining if an inmate is fit for release:
How do I submit a public records request to the ISRB?Please submit an ISRB public records request to the Department of Corrections. Why is the Board considering releasing this sex person when he/she has a life sentence?The Board must see CCB (convicted sex) persons prior to the expiration of the minimum term that the sentencing court determined appropriate. In-prison release hearings are used to meet with the person to gather information. After the hearing, the Board makes a release decision. Specifically, they must determine whether or not the person is "more likely than not to commit future sex offenses if released with conditions". The Board must set a new minimum term if the preponderance of evidence leads them to find that the person is more likely than not to commit another sex offense. Up to 60 months may be added to the minimum term (RCW 9.95.011). The Board must then hold another hearing for the person before the end of the new minimum term. Each time the Board finds an person not releasable, this process is repeated, until the person's maximum term is reached. Does an inmate have a right to be represented by an attorney during the release eligibility process and is there a cost?Indeterminate inmates may be represented by an attorney at their own cost. Or, they may seek to be represented by prison services attorneys at no cost. CCB persons and JUVBRD inmates are not represented by an attorney during the release eligibility process, unless the Board determines that a cognitive or mental health issue prohibits them from fully participating in the hearing. What happens if an inmate is released, but still has time to serve on sentences for other crimes?If an inmate who is being considered for release has a consecutive sentence to serve on another conviction that the Board does not have authority over, he/she will serve that conviction time prior to release. How long will an inmate remain on release supervision?Under indeterminate law, if an inmate completes three years on parole in the community, without being sent back to prison, he/she will receive a Final Discharge on his/her parole. Under determinate plus law, an inmate will remain on release supervision until they reach the expiration of their maximum sentence. For Juvenile Board cases they will complete three years of supervision in the community without being sent back to prison. If an inmate is not released as a result of this review, how long will it be before the next review is conducted?The time until the next release review will vary from case to case. Will an inmate be automatically returned to prison if he/she violates a condition of release and/or commits another crime?A return to prison is not automatic. The law requires that a violation hearing be conducted by the Board to determine if release conditions were violated, and if so, if those violations warrant a return to prison, or if other, lesser alternative sanctions would be more effective. If the inmate is convicted of a new crime, the law requires that the Board conduct a hearing to allow the parolee to present any argument against a revocation of release. Can CCB persons be released from lifetime supervision?No, not at this time, there is no mechanism for those CCB persons under lifetime supervision to be released from that obligation. What is an indeterminate sentence?An indeterminate sentence is a type of custodial sentence that consists of a range of years (such as five to ten years) and not a fixed time, which means the convicted person's release date is left open.
What is indeterminate sentencing quizlet?Indeterminate Sentencing. A sentence with a fixed minimum and maximum term of incarceration, for example 5 to 15 years in prison. Determinate Sentencing. A sentence with a fixed period of incarceration, for example 20 years in prison.
Which is true of indeterminate sentences?Which of the following is true of indeterminate sentencing? It is based on the belief that offenders will participate in their own rehabilitation if it will reduce prison time.
Which of the following is the correct definition of a determinate sentence select one quizlet?Determinate sentencing is a sentence w/ a fixed period of incarceration, which eliminates the decision making responsibilities of parole boards. three types of determinate sentencing: flat-time, mandatory, and presumptive.
|