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How is Parole Eligibility Determined in Washington State?

A. Parole Prior to 1984

Prior to 1984 a life sentence in Washington state generally meant that the inmate would serve twenty (20) years with up to a third (1/3rd) of that time off for good behavior in prison. In the mid 1980s there was a national movement to adopt a “tough on crime” policy that swept from the Ronald Reagan White House to state legislatures throughout the nation. This national policy for over two decades quashed the idea of rehabilitation in favor of longer sentences, mandatory minimums, life without parole for repeat offenders and extra time for crimes committed with firearms.

B. Parole after 1984 and Currently

Washington is one of fourteen states that abolished parole in the 1980s and for most of the 20th century convicted offenders served indetermined sentences (RCW 9.95.011(2)) meaning that the amount of time spent in prison is unknown when they are sentenced; the judge sets a maximum prison term and the Indeterminate Sentence Review Board (ISRB) sets a minimum term. The Sentencing Reform Act eliminated parole, the parole board was dissolved in 1984, and the ISRB replaced the parole board in 1986.

Washington state continues to currently limit the opportunity for parole. The ISRB which is part of the Washington State Department of Corrections currently reviews a limited number of convictions for parole consideration including:

  • Convictions for crimes committed prior to 1984 commonly referred to as Parole (PRE) Cases - the ISRB determines whether the inmate is eligible to be released from prison prior to servicing the maximum term imposed by the judge.

  • Convictions for certain sex crimes committed since September 2001 commonly referred to as Community Custody Board (CCB) Cases, and

  • Cases where juveniles received adult convictions commonly referred to as Juvenile Board (JUVBRD) Cases.

The possibility for release for other inmates serving life sentences in Washington state prisons that do not meet the criteria set forth above is otherwise through the Clemency and Pardons Board.

The rules and regulations for conducting a parole hearing are codified in Washington Administrative Code 381  (WAC 381).

Parole (PRE) Cases: Inmates who committed their crime(s) prior to July 1, 1984, who were sentenced to prison are classified as PRE cases. These inmates have indeterminate sentences (RCW 9.95.011(2)) The Board determines whether or not the inmate is eligible to be released from prison prior to servicing the maximum term imposed. 

The Board holds a hearing several months prior to the parole eligibility date (PERD). The PERD date is determined based on the minimum terms imposed and the credit earned by the inmate. If the Board decides to parole the inmate then a parole plan is made to move the inmate into the community. If parole is denied, time is added, and a new minimum term is set.

Community Custody Board (CCB) Cases: Offenders who committed certain sex offenses on or after September 1, 2001 are commonly referred to as having a CCB case. RCW 9.94A.507 lists the qualifying offenses. The sentencing judge sets the minimum sentence using the Sentencing Reform Act (SRA) guideline range and the maximum sentence is set by statute.

Hearing Date within 120 Days of Early Release Date: In CCB cases the ISRB sets a release hearing date at least 120 days prior to the earned release date (ERD). The ERD is the minimum term that an inmate must serve minus earned time. 

At this hearing the Board determines whether or not the inmate is more likely than not to commit a sex offense if released with conditions. If the Board determines that the inmate is suitable for parole the Board will submit an offender release plan (ORP) with conditions set by the Board and the court; if however the inmate is determined to not be suitable for release the Board will add additional time to the minimum term no greater than sixty (60) months and schedule another parole hearing.

Burden of Proof: The burden of proof is preponderance of evidence. The ISRB will determine whether the evidence suggests that the offender is more likely than not to commit a sex offense if released with conditions.

  • Juvenile Board (JUVBRD) Cases: Inmates who committed crimes prior to their eighteenth (18th) birthday and are sentenced as adults are commonly referred to as having a Juvenile Board (JUVBRD) Case. In U.S. Supreme Court case Miller v. Alabama the Court recognized that juveniles should not be sentenced to life without the possibility of parole without considering certain mitigating factors.

Burden of Proof: The burden of proof for JUVBRD Cases is preponderance of evidence. The ISRB will determine whether the evidence suggests that the youthful offender is more likely than not to commit a new offense if released with conditions. (RCW 10.95.030) and (RCW 9.94A.730).

Aggravated First Degree Murder (AGMURDER): If a juvenile was convicted of Aggravated First Degree Murder prior to the passage of  Miller v. Alabama they must be re-sentenced by the sentencing court if sentenced to a term of Life-Without-Parole.

Long Term Juvenile Board (LTJUVBRD): If a juvenile was sentenced to twenty (20) or more years, they may petition the Board after serving twenty (20) years, if they have not been convicted of a new crime after the age of eighteen (18) and have not had a serious infraction in the last 12 months. If the Board determines the inmate is not suitable for release the Board may deny parole for no more than sixty (60) months and must set a new hearing date for no more than a maximum of sixty (60) months. 

Presumption of Release: In Youthful Offender cases there is a presumption for release unless the Board determines that there is a preponderance of evidence that overcomes this presumption that the inmate is more likely than not to commit new offenses if released. 

(RCW 10.95.030) and (RCW 9.94A.730).

Factors Considered by the Board in Release Decision

The Board considers many factors in determining whether an inmate is fit for release including, but not limited to:

  • Original sentencing recommendation by sentencing judge and prosecutor.

  • Institutional behavior (i.e. any new offenses while incarcerated) and previous supervision while in the free community.

  • Public Safety (i.e. the likelihood of re-offending and whether the inmate will likely be a danger to society).

  • Statutory Direction.

  • Length of time served.

  • Inmate Change (participation, refusal, progress).

  • Victim Input.

  • Actuarial Risk Assessment Scores (static, dynamic and protective).

  • Continuing education or vocational training.

  • Parole Release Plans.

  • Responsiveness programming and counseling (level and amount of programming).

  • Case Specific Information Discordant Information.

  • Inmate Remorse for the crime.

  • Information classified as confidential, including but not limited to information obtained by parole and probation officers, employees of the Board, and confidential victim information.

Services Offered

Our practice focuses on parole and prison related matters. By focusing on each individual client’s growth, achievements, and demonstrated potential, successful parole outcomes have been achieved in hundreds of cases involving various types of offenses.

We accept cases that we believe our clients have a reasonable chance of success, or would otherwise benefit from our representation. We are committed to presenting the strongest and most compelling case for our client’s release on parole.

Our services include, but are not limited to:

  • Parole Suitability Hearings

  • Rescission/ En Banc and Parole Reconsideration Hearings

  • Youthful Offender Parole Hearings

  • Elderly and Third Striker Parole Hearings

  • Commutation of Sentence Petitions to the Governor

  • Compassionate Release Court Hearings and Appeals

  • Habeas Corpus petitions challenging parole denials/ governor reversals

  • Parole Violation Hearings/ Parole Revocation Hearings

If you are an inmate, a family member of an inmate, friend or a significant other who needs a dedicated lawyer for his or her parole hearing contact us now.

There are many factors that come into play at a parole hearing, the system remains biased against inmates and thus there is no guarantee of success for even the strongest parole candidate; however, having a skilled and experienced parole attorney fighting for you or your loved one gives him or her the best chance to beat the odds of being released.

Improve your odds of being paroled. Hire the Parole Attorney Legal Group today, we are committed to our clients success.

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In Washington