Frequently Asked Questions (FAQs)

Why does the ISRB consider releasing offenders from prison before they have served the maximum sentence imposed by the Court?

Offenders sentenced under the indeterminate sentencing system (committed a crime prior to July 1st, 1984) were given a maximum sentence by the Court at the time of sentencing. However, indeterminate sentencing law specifies that after the offender has been sentenced by the Court to the maximum and sent to prison, the Parole Board (ISRB) would set a minimum sentence: the minimum amount of time an offender would serve before being considered for parole. Indeterminate law allowed all offenders, except those sentenced to Life Without Parole, to be considered for parole before their maximum sentence was over. However, the Board has to find the offender "paroleable", e.g., "rehabilitated and a fit subject for release" (RCW 9.95.100) before parole can be authorized. Under this indeterminate system, offenders have a right to parole review, but they do not have a right to parole itself.

Offenders sentenced under the determinate plus sentencing system (committed certain sex offenses after September 1st, 2001). The Board holds a hearing several months before the earliest possible release date (ERD) (RCW 9.95.420). This date is figured based on the minimum term and offender earned time. A number of factors are considered before the Board makes a decision. If the decision is for release, a plan is made to transfer the offender to community custody (field supervision). If the decision is against release, time is added, and a new minimum term is set. No more than 60 months can be added at one time.

How does the Board determine an offender is ready for release?

A great many factors enter into this decision. Please see: Factors Considered PRE for indeterminate offenders and Factors Considered CCB for determinate plus offenders.

Why is the Board even considering releasing this sex offender? Doesn't he have a life sentence?

The Board must see CCB (convicted sex) offenders prior to the expiration of the minimum term that the sentencing Judge determined in the original court proceedings. In-prison release hearings are used to meet with the offender to gather information. After the hearing the Board makes a release decision. Specifically, they must determine whether or not the offender 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 offender is more likely than not to commit another sex offense. Up to 60 months may be added to the minimum term. The Board must then hold another hearing for the offender before the end of the new minimum term. Each time the Board finds an offender not releasable, this process is repeated, until the offender's maximum term is reached.

Does the offender have a right to be represented by an attorney during the release eligibility process? Are attorneys available to inmates at no cost?

Indeterminate offenders may be represented by an attorney at their own cost, or they may seek to be represented by prison services attorneys at no cost.

Determinate plus offenders are not represented by an attorney during the release eligibility process.

What happens if an offender is released, but still has time to serve on sentences for other crimes?

If an offender who is being considered for release has a consecutive sentence to serve on another conviction, he/she will serve that conviction time prior to release.

How long will an offender remain on release supervision?

Under indeterminate law, if an offender 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 offender will remain on release supervision until they reach the expiration of their maximum sentence.

If an offender 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 offender be automatically returned to prison if he or she violates a condition of release? 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 offender 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.