SB 6074 — Reinstituting parole.

If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, upon receipt of a violation hearing report from the department, the court retains any authority that those statutes provide to respond to a probationer's violation of conditions.

(10) If the offender is not being supervised by the department, any sanctions shall be imposed by the court pursuant to RCW 9.94A.6333.

Sec.

4.

RCW 9.94A.717 and 2025 c 397 s 1 and 2025 c 48 s 3 are each reenacted and amended to read as follows:

(1) If an offender sentenced under this chapter or chapter 9.94B RCW is supervised by the department, the offender may earn supervision compliance credit in accordance with procedures that are developed and adopted by the department.

Such procedures shall be available on the department's website.

(a) The supervision compliance credit shall be awarded to offenders who are in compliance with supervision terms, as determined by the department.

p.

3 SB 6074 (b) For each month in compliance with supervision terms in accordance with (a) of this subsection, an offender may earn supervision compliance credit of 10 days.

(c) Supervision compliance credit is accrued monthly and time shall not be applied to an offender's term of supervision prior to the earning of the time.

(d) An offender shall lose the ability to earn supervision compliance credits if the offender is sanctioned by a court for noncompliance with community custody requirements.

(2) An offender is not eligible to earn supervision compliance credit if he or she:

(a) Was sentenced under RCW 9.94A.507 or 10.95.030;

(b) Was sentenced to any sentencing alternative under this chapter;

(c) Is subject to supervision pursuant to RCW 9.94A.745;

(d) Is subject to a governor's conditional commutation;

(e) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017;

or (f) Is serving community custody pursuant to ((early)):

(i) Early release under RCW 9.94A.730;

or (ii) Release on parole under section 1 of this act.

(3) An offender is not eligible to earn supervision compliance credit on any cause being served concurrently with a less restrictive alternative subject to supervision pursuant to RCW 71.09.092.

Sec.

5.

RCW 9.94A.728 and 2025 c 407 s 6 and 2025 c 371 s 6 are each reenacted and amended to read as follows:

(1) No incarcerated individual serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:

(a) An incarcerated individual may earn early release time as authorized by RCW 9.94A.729;

(b) An incarcerated individual may leave a correctional facility pursuant to an authorized furlough or leave of absence.

In addition, incarcerated individuals may leave a correctional facility when in the custody of a corrections officer or officers;

p.

4 SB 6074 (c)(i) The secretary may authorize an extraordinary medical placement for an incarcerated individual when all of the following conditions exist:

(A) The incarcerated individual has been assessed by two physicians and is determined to be one of the following:

(I) Affected by a permanent or degenerative medical condition to such a degree that the individual does not presently, and likely will not in the future, pose a threat to public safety;

or (II) In ill health and is expected to die within six months and does not presently, and likely will not in the future, pose a threat to public safety;

(B) The incarcerated individual has been assessed as low risk to the community at the time of release;

and (C) It is expected that granting the extraordinary medical placement will result in a cost savings to the state.

(ii) An incarcerated individual sentenced to death or to life imprisonment without the possibility of release or parole is not eligible for an extraordinary medical placement.

(iii) The secretary shall require electronic monitoring for all individuals in extraordinary medical placement unless the electronic monitoring equipment is detrimental to the individual's health, interferes with the function of the individual's medical equipment, or results in the loss of funding for the individual's medical care, in which case, an alternative type of monitoring shall be utilized.

The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.

(iv) The secretary may revoke an extraordinary medical placement under this subsection (1)(c) at any time.

(v) Persistent offenders are not eligible for extraordinary medical placement;

(d) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release:

(i) For reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;

or (ii) Pursuant to RCW 9.94A.885;

(e) No more than the final 18 months of the incarcerated individual's term of confinement may be served in partial confinement for aiding the incarcerated individual with:

Finding work as part of the work release program under chapter 72.65 RCW;

(([or])) or p.

5 SB 6074 reestablishing himself or herself in the community as part of the parenting program in RCW 9.94A.6551.

This is in addition to that period of earned early release time that may be exchanged for partial confinement pursuant to RCW 9.94A.729(5)(d);

(f)(i) No more than the final nine months of the incarcerated individual's term of confinement may be served in partial confinement as home detention as part of the graduated reentry program developed by the department under RCW 9.94A.733(1)(a);

(ii) For eligible incarcerated individuals under RCW 9.94A.733(1)(b), after serving at least three months in total confinement in a state correctional facility, an incarcerated individual may serve no more than the final 18 months of the incarcerated individual's term of confinement in partial confinement as home detention as part of the graduated reentry program developed by the department;

(g) The governor may pardon any incarcerated individual;

(h) The department may release an incarcerated individual from confinement any time within 10 days before a release date calculated under this section;

(i) An incarcerated individual may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.870;

(j) Notwithstanding any other provisions of this section, an incarcerated individual sentenced for a felony crime listed in RCW 9.94A.540 as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.540;

((and)) (k) Any individual convicted of one or more crimes committed prior to the individual's 18th birthday may be released from confinement pursuant to RCW 9.94A.730;

and (l) An incarcerated individual convicted of a felony offense committed on or after July 1, 2027, may be released on parole pursuant to section 1 of this act.

(2) Notwithstanding any other provision of this section, an incarcerated individual entitled to vacation of a conviction or the recalculation of his or her offender score pursuant to State v.

Blake, No.

96873-0 (Feb.

25, 2021), may be released from confinement pursuant to a court order if the incarcerated individual has already served a period of confinement that exceeds his or her new standard p.

6 SB 6074 range.

This provision does not create an independent right to release from confinement prior to resentencing.

(3) Individuals residing in a juvenile correctional facility placement pursuant to RCW 72.01.410(1)(a) are not subject to the limitations in this section.

Sec.

6.

RCW 9.95.0001 and 2001 2nd sp.s.

c 12 s 317 are each amended to read as follows:

(1) "Board" means the indeterminate sentence review board.

(2) "Community custody" means that portion of an offender's sentence subject to controls including crime-related prohibitions and affirmative conditions from the court, the board, or the department of corrections based on risk to community safety, that is served under supervision in the community, and which may be modified or revoked for violations of release conditions.

(3) "Crime-related prohibition" has the meaning defined in RCW 9.94A.030.

(4) "Department" means the department of corrections.

(5) "Parole" means ((that)):

(a) That portion of a person's sentence for a crime committed before July 1, 1984, served on conditional release in the community subject to board controls and revocation and under supervision of the department;

and (b) That portion of a person's sentence for a felony offense committed on or after July 1, 2027, served on conditional release in the community pursuant to section 1 of this act and subject to board controls and revocation and under supervision of the department.

(6) "Secretary" means the secretary of the department of corrections or his or her designee.

Sec.

7.

RCW 9.95.017 and 2009 c 28 s 22 are each amended to read as follows:

(1)(a)(i) The board shall cause to be prepared criteria for duration of confinement, release on parole, and length of parole for persons committed to prison for crimes committed before July 1, 1984.

(ii) The board shall cause to be prepared criteria for release on parole and length of parole for persons committed to prison for felony offenses committed on or after July 1, 2027, who apply for parole pursuant to section 1 of this act.

p.

7 SB 6074 (b) The proposed criteria should take into consideration RCW 9.95.009(2).

Before submission to the governor, the board shall solicit comments and review on their proposed criteria for parole release.

(2) Persons committed to the department ((of corrections)) and who are under the authority of the board for ((crimes)) sex offenses committed on or after September 1, 2001, are subject to the provisions for duration of confinement, release to community custody, and length of community custody established in RCW 9.94A.507, 9.94A.704, 72.09.335, and 9.95.420 through 9.95.440.

Sec.

8.

RCW 9.95.110 and 2009 c 28 s 26 are each amended to read as follows:

(1) The board may permit an offender convicted of a crime committed before July 1, 1984, to leave the buildings and enclosures of a state correctional institution on parole, after such convicted person has served the period of confinement fixed for him or her by the board, less time credits for good behavior and diligence in work:

PROVIDED, That in no case shall an inmate be credited with more than one-third of his or her sentence as fixed by the board.

((The board may establish rules and regulations under which an offender may be allowed to leave the confines of a state correctional institution on parole, and may return such person to the confines of the institution from which he or she was paroled, at its discretion.)) (2) The board may permit an offender convicted of a felony offense committed on or after July 1, 2027, and sentenced under RCW 9.94A.505, to leave a state correctional institution on parole pursuant to section 1 of this act.

(3) The board may permit an offender convicted of a crime committed on or after September 1, 2001, and sentenced under RCW 9.94A.507, to leave a state correctional institution on community custody according to the provisions of RCW 9.94A.507, 9.94A.704, 72.09.335, and 9.95.420 through 9.95.440.

The person may be returned to the institution following a violation of his or her conditions of release to community custody pursuant to the hearing provisions of RCW 9.95.435.

(4) The board may establish rules and regulations under which an offender may be allowed to leave the confines of a state correctional p.

8 SB 6074 institution on parole, and may return such person to the confines of the institution from which the person was paroled, at its discretion.

Sec.

9.

RCW 9.95.115 and 2001 2nd sp.s.

c 12 s 332 are each amended to read as follows:

((The indeterminate sentence review)) (1) Except those persons sentenced to life without the possibility of parole, the board is hereby granted authority to parole any person sentenced to the custody of the department ((of corrections,)) under a mandatory life sentence for ((a)):

(a) A crime committed before July 1, 1984((, except those persons sentenced to life without the possibility of parole));

or (b) A felony offense committed on or after July 1, 2027, who applies for parole pursuant to section 1 of this act.

(2) No such person described under subsection (1)(a) of this section shall be granted parole unless the person has been continuously confined therein for a period of twenty consecutive years less earned good time((:

PROVIDED, That no)).

(3) No such person described under subsection (1) of this section shall be released under parole who is subject to civil commitment as a sexually violent predator under chapter 71.09 RCW.

Sec.

10.

RCW 9.95.120 and 2003 c 218 s 5 are each amended to read as follows:

Whenever the board or a community corrections officer of this state has reason to believe a person convicted of a crime committed before July 1, 1984((,));

or a person convicted of a felony offense committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act;

has breached a condition of his or her parole or violated the law of any state where he or she may then be or the rules and regulations of the board, any community corrections officer of this state may arrest or cause the arrest and detention and suspension of parole of such convicted person pending a determination by the board whether the parole of such convicted person shall be revoked.

All facts and circumstances surrounding the violation by such convicted person shall be reported to the board by the community corrections officer, with recommendations.

The board, after consultation with the secretary ((of corrections)), shall make all rules and regulations concerning procedural matters, which shall include the time when state community corrections officers shall file p.

9 SB 6074 with the board reports required by this section, procedures pertaining thereto and the filing of such information as may be necessary to enable the board to perform its functions under this section.

On the basis of the report by the community corrections officer, or at any time upon its own discretion, the board may revise or modify the conditions of parole or order the suspension of parole by the issuance of a written order bearing its seal, which order shall be sufficient warrant for all peace officers to take into custody any convicted person who may be on parole and retain such person in their custody until arrangements can be made by the board for his or her return to a state correctional institution for convicted felons.

Any such revision or modification of the conditions of parole or the order suspending parole shall be personally served upon the parolee.

Any parolee arrested and detained in physical custody by the authority of a state community corrections officer, or upon the written order of the board, shall not be released from custody on bail or personal recognizance, except upon approval of the board and the issuance by the board of an order of reinstatement on parole on the same or modified conditions of parole.

All chiefs of police, marshals of cities and towns, sheriffs of counties, and all police, prison, and peace officers and constables shall execute any such order in the same manner as any ordinary criminal process.

Whenever a paroled prisoner is accused of a violation of his or her parole, other than the commission of, and conviction for, a felony or misdemeanor under the laws of this state or the laws of any state where he or she may then be, he or she shall be entitled to a fair and impartial hearing of such charges within thirty days from the time that he or she is served with charges of the violation of conditions of parole after his or her arrest and detention.

The hearing shall be held before one or more members of the board at a place or places, within this state, reasonably near the site of the alleged violation or violations of parole.

In the event that the board suspends a parole by reason of an alleged parole violation or in the event that a parole is suspended pending the disposition of a new criminal charge, the board shall have the power to nullify the order of suspension and reinstate the individual to parole under previous conditions or any new conditions that the board may determine advisable.

Before the board shall p.

10 SB 6074 nullify an order of suspension and reinstate a parole they shall have determined that the best interests of society and the individual shall best be served by such reinstatement rather than a return to a correctional institution.

Sec.

11.

RCW 9.95.121 and 2009 c 28 s 27 are each amended to read as follows:

(1) For offenders convicted of crimes committed before July 1, 1984((,));

or offenders convicted of felony offenses committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act;

within fifteen days from the date of notice to the department ((of corrections)) of the arrest and detention of the alleged parole violator, he or she shall be personally served by a state community corrections officer with a copy of the factual allegations of the violation of the conditions of parole, and, at the same time shall be advised of his or her right to an on-site parole revocation hearing and of his or her rights and privileges as provided in RCW 9.95.120 through 9.95.126.

The alleged parole violator, after service of the allegations of violations of the conditions of parole and the advice of rights may waive the on-site parole revocation hearing as provided in RCW 9.95.120, and admit one or more of the alleged violations of the conditions of parole.

If the board accepts the waiver it shall either, (a) reinstate the parolee on parole under the same or modified conditions, or (b) revoke the parole of the parolee and enter an order of parole revocation and return to state custody.

A determination of a new minimum sentence shall be made within thirty days of return to state custody which shall not exceed the maximum sentence as provided by law for the crime of which the parolee was originally convicted or the maximum fixed by the court.

If the waiver made by the parolee is rejected by the board it shall hold an on-site parole revocation hearing under the provisions of RCW 9.95.120 through 9.95.126.

(2) Offenders sentenced under RCW 9.94A.507 are subject to the violation hearing process established in RCW 9.95.435.

Sec.

12.

RCW 9.95.122 and 2009 c 28 s 28 are each amended to read as follows:

(1) At any on-site parole revocation hearing for a person convicted of a crime committed before July 1, 1984((,));

or a person p.

11 SB 6074 convicted of a felony offense committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act;

the alleged parole violator shall be entitled to be represented by an attorney of his or her own choosing and at his or her own expense, except, upon the presentation of satisfactory evidence of indigency and the request for the appointment of an attorney by the alleged parole violator, the board may cause the appointment of an attorney to represent the alleged parole violator to be paid for at state expense, and, in addition, the board may assume all or such other expenses in the presentation of evidence on behalf of the alleged parole violator as it may have authorized:

PROVIDED, That funds are available for the payment of attorneys' fees and expenses.

Attorneys for the representation of alleged parole violators in on-site hearings shall be appointed by the superior courts for the counties wherein the on-site parole revocation hearing is to be held and such attorneys shall be compensated in such manner and in such amount as shall be fixed in a schedule of fees adopted by rule of the board.

(2) The rights of offenders sentenced under RCW 9.94A.507 are defined in RCW 9.95.435.

Sec.

13.

RCW 9.95.124 and 2001 2nd sp.s.

c 12 s 337 are each amended to read as follows:

At all on-site parole revocation hearings for offenders convicted of crimes committed before July 1, 1984((,));

or offenders convicted of felony offenses committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act;

the community corrections officers of the department ((of corrections)), having made the allegations of the violations of the conditions of parole, may be represented by the attorney general.

The attorney general may make independent recommendations to the board about whether the violations constitute sufficient cause for the revocation of the parole and the return of the parolee to a state correctional institution for convicted felons.

The hearings shall be open to the public unless the board for specifically stated reasons closes the hearing in whole or in part.

The hearings shall be recorded either manually or by a mechanical recording device.

An alleged parole violator may be requested to testify and any such testimony shall not be used against him or her in any criminal prosecution.

The board shall adopt rules governing the formal and informal procedures authorized by this chapter and make rules of practice before the p.

12 SB 6074 board in on-site parole revocation hearings, together with forms and instructions.

Sec.

14.

RCW 9.95.125 and 2001 2nd sp.s.

c 12 s 338 are each amended to read as follows:

After the on-site parole revocation hearing for a person convicted of a crime committed before July 1, 1984((,));

or a person convicted of a felony offense committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act;

has been concluded, the members of the board having heard the matter shall enter their decision of record within ten days, and make findings and conclusions upon the allegations of the violations of the conditions of parole.

If the member, or members having heard the matter, should conclude that the allegations of violation of the conditions of parole have not been proven by a preponderance of the evidence, or, those which have been proven by a preponderance of the evidence are not sufficient cause for the revocation of parole, then the parolee shall be reinstated on parole on the same or modified conditions of parole.

For parole violations not resulting in new convictions, modified conditions of parole may include sanctions according to an administrative sanction grid.

If the member or members having heard the matter should conclude that the allegations of violation of the conditions of parole have been proven by a preponderance of the evidence and constitute sufficient cause for the revocation of parole, then such member or members shall enter an order of parole revocation and return the parole violator to state custody.

Within thirty days of the return of such parole violator to a state correctional institution the board shall enter an order determining a new minimum term not exceeding the maximum penalty provided by law for the crime for which the parole violator was originally convicted or the maximum fixed by the court.

Sec.

15.

RCW 9.95.130 and 2001 2nd sp.s.

c 12 s 340 are each amended to read as follows:

From and after the suspension, cancellation, or revocation of the parole of any offender convicted of a crime committed before July 1, 1984((,));

or any offender convicted of a felony offense committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act;

and until ((his or her)) the offender's return to custody the offender shall be deemed an escapee and a fugitive from p.

13 SB 6074 justice.

The ((indeterminate sentence review)) board may deny credit against the maximum sentence any time during which ((he or she)) the offender is an escapee and fugitive from justice.

Sec.

16.

RCW 9.95.280 and 2011 1st sp.s.

c 40 s 20 are each amended to read as follows:

The secretary, upon recommendation by the board, may deputize any person (regularly employed by another state) to act as an officer and agent of this state in effecting the return of any person convicted of a crime committed before July 1, 1984((,));

or any person convicted of a felony offense committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act;

who has violated the terms and conditions of parole or probation as granted by this state.

In any matter relating to the return of such a person, any agent so deputized shall have all the powers of a police officer of this state.

Sec.

17.

RCW 9.95.290 and 2001 2nd sp.s.

c 12 s 345 are each amended to read as follows:

Any deputization pursuant to this statute with regard to an offender convicted of a crime committed before July 1, 1984((,));

or an offender convicted of a felony offense committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act;

shall be in writing and any person authorized to act as an agent of this state pursuant hereto shall carry formal evidence of his or her deputization and shall produce the same upon demand.

Sec.

18.

RCW 9.95.340 and 2001 2nd sp.s.

c 12 s 349 are each amended to read as follows:

(1) Any funds in the hands of the department ((of corrections)), or which may come into its hands, which belong to discharged prisoners, inmates assigned to work/training release facilities, parolees or persons convicted of a felony and granted probation who absconded, or whose whereabouts are unknown, shall be deposited in the community services revolving fund.

Said funds shall be used to defray the expenses of clothing and other necessities and for transporting discharged prisoners, inmates assigned to work/training release facilities, parolees and persons convicted of a felony and granted probation who are without means to secure the same.

All payments disbursed from these funds shall be repaid, whenever p.

14 SB 6074 possible, by discharged prisoners, inmates assigned to work/training release facilities, parolees and persons convicted of a felony and granted probation for whose benefit they are made.

Whenever any money belonging to such persons is so paid into the revolving fund, it shall be repaid to them in accordance with law if a claim therefor is filed with the department ((of corrections)) within five years of deposit into said fund and upon a clear showing of a legal right of such claimant to such money.

(2) This section applies to ((persons)):

(a) Persons convicted of a felony committed before July 1, 1984;

and (b) Persons convicted of a felony offense committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act.

Sec.

19.

RCW 9.95.350 and 2001 2nd sp.s.

c 12 s 350 are each amended to read as follows:

(1)(a) All money or other property paid or delivered to a community corrections officer or employee of the department ((of corrections)) by or for the benefit of any discharged prisoner, inmate assigned to a work/training release facility, parolee or persons convicted of a felony and granted probation shall be immediately transmitted to the department ((of corrections)) and it shall enter the same upon its books to his or her credit.

Such money or other property shall be used only under the direction of the department ((of corrections)).

(b) If such person absconds, the money shall be deposited in the revolving fund created by RCW 9.95.360, and any other property, if not called for within one year, shall be sold by the department ((of corrections)) and the proceeds credited to the revolving fund.

(c) If any person, files a claim within five years after the deposit or crediting of such funds, and satisfies the department ((of corrections)) that he or she is entitled thereto, the department may make a finding to that effect and may make payment to the claimant in the amount to which he or she is entitled.

(2) This section applies to ((persons)):

(a) Persons convicted of a felony committed before July 1, 1984;

and p.

15 SB 6074 (b) Persons convicted of a felony offense committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act.

Sec.

20.

RCW 9.95.360 and 2001 2nd sp.s.

c 12 s 351 are each amended to read as follows:

(1) The department ((of corrections)) shall create, maintain, and administer outside the state treasury a permanent revolving fund to be known as the "community services revolving fund" into which shall be deposited all moneys received by it under RCW 9.95.310 through 9.95.370 and any appropriation made for the purposes of RCW 9.95.310 through 9.95.370.

All expenditures from this revolving fund shall be made by check or voucher signed by the secretary ((of corrections)) or his or her designee.

The community services revolving fund shall be deposited by the department ((of corrections)) in such banks or financial institutions as it may select which shall give to the department a surety bond executed by a surety company authorized to do business in this state, or collateral eligible as security for deposit of state funds in at least the full amount of deposit.

(2) This section applies to ((persons)):

(a) Persons convicted of a felony committed before July 1, 1984;

and (b) Persons convicted of a felony offense committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act.

Sec.

21.

RCW 9.95.370 and 2001 2nd sp.s.

c 12 s 352 are each amended to read as follows:

(1) The secretary ((of corrections)) or his or her designee shall enter into a written agreement with every person receiving funds under RCW 9.95.310 through 9.95.370 that such person will repay such funds under the terms and conditions in said agreement.

No person shall receive funds until such an agreement is validly made.

(2) This section applies to ((persons)):

(a) Persons convicted of a felony committed before July 1, 1984;

and (b) Persons convicted of a felony offense committed on or after July 1, 2027, who applied for parole pursuant to section 1 of this act.

p.

16 SB 6074 Sec.

22.

RCW 9.95.422 and 2016 c 218 s 2 are each amended to read as follows:

(1) Upon receipt of a petition for early release submitted under RCW 9.94A.730, or a petition for parole submitted under section 1 of this act, or upon determination of a parole eligibility review date pursuant to RCW 9.95.100 and 9.95.052, the ((indeterminate sentence review)) board must provide notice and a copy of a petition or parole eligibility documents to the sentencing court, prosecuting attorney, and crime victim or surviving family member.

The board may request the prosecuting attorney to assist in contacting the crime victim or surviving family member.

If requested in writing by the sentencing court, the prosecuting attorney, or the crime victim or surviving family member, the ((indeterminate sentence review)) board must also provide any assessment, psychological evaluation, institutional behavior record, or other examination of the offender.

Notice of the early release hearing date or parole eligibility date, and any evaluations or information relevant to the release decision, must be provided at least ninety days before the early release hearing or parole eligibility review hearing.

The records described in this section, and other records reviewed by the board in response to the petition or parole eligibility review (([,])), must be disclosed in full and without redaction.

Copies of records to be provided to the sentencing court and prosecuting attorney under this section must be provided as required without regard to whether the board has received a request for copies.

(2) For the purpose of review by the board of a petition for early release or parole eligibility, it is presumed that none of the records reviewed are exempt from disclosure to the sentencing court, prosecuting attorney, and crime victim or surviving family member, in whole or in part.

The board may not claim any exemption from disclosure for the records reviewed for an early release petition or parole eligibility review hearing.

(3) The board and its subcommittees must provide comprehensive minutes of all related meetings and hearings on a petition for early release or parole eligibility review hearing.

The comprehensive minutes should include, but not be limited to, the board members present, the name of the petitioner seeking review, the purpose and date of the meeting or hearing, a listing of documents reviewed, the names of members of the public who testify, a summary of discussion, the motions or other actions taken, and the votes of board members by p.

17 SB 6074 name.

For the purposes of this subsection, "action" has the same meaning as in RCW 42.30.020.

The comprehensive minutes must be publicly and conspicuously posted on the board's website within thirty days of the meeting or hearing, without any information withheld or redacted.

Nothing in this subsection precludes the board from receiving confidential input from the crime victim or surviving family member.

Sec.

23.

RCW 9.95.430 and 2014 c 130 s 6 are each amended to read as follows:

Any offender released under RCW 9.95.420, 10.95.030(((3))) (2), ((or)) 9.94A.730, or section 1 of this act who is arrested and detained in physical custody by the authority of a community corrections officer, or upon the written order of the board, shall not be released from custody on bail or personal recognizance, except upon approval of the board and the issuance by the board of an order reinstating the offender's release on the same or modified conditions.

All chiefs of police, marshals of cities and towns, sheriffs of counties, and all police, prison, and peace officers and constables shall execute any such order in the same manner as any ordinary criminal process.

Sec.

24.

RCW 9.95.435 and 2024 c 118 s 6 are each amended to read as follows:

(1) If an offender released by the board under RCW 9.95.420, 10.95.030(2), ((or)) 9.94A.730, or section 1 of this act violates any condition or requirement of community custody, the board may transfer the offender to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation and subject to the limitations of subsection (2) of this section.

(2) Following the hearing specified in subsection (3) of this section, the board may impose sanctions such as work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other sanctions available in the community, or may suspend the release and sanction up to sixty days' confinement in a local correctional facility for each violation, or p.

18 SB 6074 revoke the release to community custody whenever an offender released by the board under RCW 9.95.420, 10.95.030(2), ((or)) 9.94A.730, or section 1 of this act violates any condition or requirement of community custody.

(3) If an offender released by the board under RCW 9.95.420, 10.95.030(2), ((or)) 9.94A.730, or section 1 of this act is accused of violating any condition or requirement of community custody, he or she is entitled to a hearing before the board or a designee of the board prior to the imposition of sanctions.

The hearing shall be considered as offender disciplinary proceedings and shall not be subject to chapter 34.05 RCW.

The board shall develop hearing procedures and a structure of graduated sanctions consistent with the hearing procedures and graduated sanctions developed pursuant to RCW 9.94A.737.

The board may suspend the offender's release to community custody and confine the offender in a correctional institution owned, operated by, or operated under contract with the state prior to the hearing unless the offender has been arrested and confined for a new criminal offense.

(4) The hearing procedures required under subsection (3) of this section shall be developed by rule and include the following:

(a) Hearings shall be conducted by members or designees of the board unless the board enters into an agreement with the department to use the hearing officers established under RCW 9.94A.737;

(b) The board shall provide the offender with findings and conclusions which include the evidence relied upon, and the reasons the particular sanction was imposed.

The board shall notify the offender of the right to appeal the sanction and the right to file a personal restraint petition under court rules after the final decision of the board;

(c) The hearing shall be held unless waived by the offender, and shall be electronically recorded.

For offenders not in total confinement, the hearing shall be held within 30 days of service of notice of the violation, but not less than 24 hours after notice of the violation.

For offenders in total confinement, the hearing shall be held within 30 days of service of notice of the violation, but not less than 24 hours after notice of the violation.

The board or its designee shall make a determination whether probable cause exists to believe the violation or violations occurred.

The determination shall be made within 48 hours of receipt of the allegation;

p.

19 SB 6074 (d) The offender shall have the right to:

(i) Be present at the hearing;

(ii) have the assistance of a person qualified to assist the offender in the hearing, appointed by the presiding hearing officer if the offender has a language or communications barrier;

(iii) testify or remain silent;

(iv) call witnesses and present documentary evidence;

(v) question witnesses who appear and testify;

and (vi) be represented by counsel if revocation of the release to community custody upon a finding of violation is a probable sanction for the violation.

The board may not revoke the release to community custody of any offender who was not represented by counsel at the hearing, unless the offender has waived the right to counsel;

and (e) The sanction shall take effect if affirmed by the presiding hearing officer.

(5) Within seven days after the presiding hearing officer's decision, the offender may appeal the decision to the full board or to a panel of three reviewing examiners designated by the chair of the board or by the chair's designee.

The sanction shall be reversed or modified if a majority of the panel finds that the sanction was not reasonably related to at least one of the following:

(a) The crime of conviction;

(b) the violation committed;

(c) the offender's risk of reoffending;

or (d) the safety of the community.

(6) For purposes of this section, no finding of a violation of conditions may be based on unconfirmed or unconfirmable allegations.

Sec.

25.

RCW 9.95.440 and 2014 c 130 s 8 are each amended to read as follows:

In the event the board suspends the release status of an offender released under RCW 9.95.420, 10.95.030(((3))) (2), ((or)) 9.94A.730, or section 1 of this act by reason of an alleged violation of a condition of release, or pending disposition of a new criminal charge, the board may nullify the suspension order and reinstate release under previous conditions or any new conditions the board determines advisable under RCW 9.94A.704.

Before the board may nullify a suspension order and reinstate release, it shall determine that the best interests of society and the offender shall be served by such reinstatement rather than return to confinement.

Sec.

26.

RCW 9.95.900 and 2009 c 28 s 31 are each amended to read as follows:

p.

20 SB 6074 (1) Except as provided in subsections (2) and (3) of this section, the following sections of law do not apply to any felony offense committed on or after July 1, 1984:

RCW 9.95.010, 9.95.011, 9.95.013, 9.95.015, 9.95.017, 9.95.040, 9.95.045, 9.95.047, 9.95.052, 9.95.080, 9.95.100, 9.95.115, 9.95.116, 9.95.120, 9.95.124, 9.95.125, 9.95.130, 9.95.190, 9.95.200, 9.95.204, ((9.95.206,)) 9.95.210, ((9.95.212,)) 9.95.214, 9.95.220, 9.95.230, 9.95.240, 9.95.250, 9.95.260, 9.95.265, 9.95.280, 9.95.290, 9.95.310, 9.95.320, 9.95.330, 9.95.340, 9.95.350, 9.95.360, 9.95.370, 72.04A.070, and 72.04A.080.

(2) The following sections apply to any felony offense committed before July 1, 1984, and to any offense sentenced under RCW 9.94A.507 and committed on or after July 1, 2001:

RCW 9.95.003, 9.95.005, 9.95.007, 9.95.020, 9.95.030, 9.95.031, 9.95.032, 9.95.055, 9.95.060, 9.95.062, 9.95.063, 9.95.064, 9.95.070, 9.95.090, 9.95.110, 9.95.121, 9.95.122, 9.95.123, 9.95.126, 9.95.140, 9.95.150, 9.95.160, 9.95.170, 9.95.300, and 9.96.050.

(3) The following sections apply if an offender convicted of a felony offense committed on or after July 1, 2027, applies for parole pursuant to section 1 of this act:

RCW 9.95.003, 9.95.005, 9.95.007, 9.95.009, 9.95.013, 9.95.017, 9.95.020, 9.95.030, 9.95.031, 9.95.032, 9.95.055, 9.95.060, 9.95.062, 9.95.063, 9.95.064, 9.95.070, 9.95.090, 9.95.110, 9.95.115, 9.95.120, 9.95.121, 9.95.122, 9.95.123, 9.95.124, 9.95.125, 9.95.126, 9.95.130, 9.95.140, 9.95.143, 9.95.150, 9.95.155, 9.95.160, 9.95.170, 9.95.250, 9.95.260, 9.95.265, 9.95.270, 9.95.280, 9.95.290, 9.95.300, 9.95.310, 9.95.320, 9.95.330, 9.95.340, 9.95.350, 9.95.360, 9.95.370, 9.95.422, 9.95.425, 9.95.430, 9.95.435, and 9.95.440.

221 SSBSB 6074