Thank you for the policy, I have read the policy and wanted to have someone else's interpretation of the major revision of ISRB policy 320.100
I am Posting the following information on behalf of an offender currently incarcerated at AHCC. His interpretation, of the policy revision is as follows.
Him and I would like to hear others interpretation in regards to the new policy that went into effect 1/1/19.
I have change the offenders name, and refer to him as "the offender".
Thank you, I appreciate all of your thought's and time. JeffM
Adult offenders who committed felonies on or after July 1, 1984 are subject to the provisions of the sentencing reform act of 1981 as amended (SRA). The enabling legislation, RCW chapter 9.94A, contains guidelines and procedures used by the courts to impose sentencing.
On 08/19/2007 (the offender) was arrested for the charges, Rape 1 and Assault 2 by means of strangulation with sexual motivation.
After the findings of guilty for Rape 1 and Assault 2 by means of strangulation without sexual motivation, the offender was sentenced with 0 felony points to a Range of 93-123 months. Judge Churchill the presiding Judge of Island County Superior Court of Washington State sentenced Joseph Glen Blue to the Statutory Maximum of 123 months.
The appeal process allowed the Assault 2 by means of strangulation without sexual motivation to be merged with the most serious sexual Assault, Rape 1. This kept the offender at an offender score of 0.
9A.76.115 Sexually violent predator
9.94A.507 Sentencing of sex offenders
Per RCW 9A.76.115, RCW 9.94A.030, and RCW 9.94A.507, the offender will be considered a CCB offender and under the Jurisdiction of the ISRB (Board) until the statutory maximum expiration date.
The offender was sentenced to a felony defined in title 9A RCW as Class A, punishable by life in prison and $50,000.00 fine.
The offender who is not a persistent offender was not, nor meet any of the requirements to be given an exceptional sentence.
(1) Felony- Unless a different maximum sentence for a classified felony is specifically established by a statute of this state.....
The sentencing grid the offender was sentenced to, 93-123 is maximum of the ISRB's Jurisdiction. The sentencing grid is the statute.
By definition and law, Rape 1 has a statutory maximum sentence, and so does the offender .
Policy Revisement 320.100 effective date 03/29/2016 read Until the expiration of max date...... allowing a misunderstanding that the intent was "The Crimes" statutory maximum.
Policy Revisement 320.100 effective date 01/01/2019 states From the time of sentence until the " Statutory maximum expiration date".......... this clarifies the intent and legalities of a Judicial entity and DOC entity.
The offender was sentenced and satisfied the max term of a crime he committed on November 2017.
Adult offenders who committed felonies on or after July 1, 1984 are subject to the provisions of the Sentencing Reform Act of 1981 as amended (SRA). The enabling legislation, RCW Chapter 9.94A, contains guidelines and procedures used by courts to impose sentences.
Those legislative guidelines and procedures pertaining to the case # of the crime and sentence the offender has satisfied as of November 2017 are as followed:
9A.76.115 Sexually Violent Predator
9.94A.507 Sentencing of Sex Offenders
Felonies defined in Title 9A RCW says the offender is to be sentenced to the Class A punishable by life in prison and a $50,000.00 fine:
(1) Unless a different maximum sentence for a classified felony is specifically established by a statute of this state......
9.94A.510 Sentencing Grid
The offender is not a persistent offender, didn't and doesn't meets the provisions to be subject to an exceptional sentence. RCW 9.94A.120
The offender is not a 3 strike offender.
The offender has an offender score of 0.
Any other Case # not subject to the ISRB, there would be no question that anything out side the sentencing grid would be illegal and not tolerated. I have found nothing suggesting that the offender case is any different.
Therefore, the offender doesn't challenge the jurisdiction of the ISRB, Just the time limitations. the offender doesn't challenge Class A felonies have a Statutory Maximum sentence of life, just that he to has a Statutory Maximum sentence that's 123 months. The offender believes that the 320.100 policy revisement effective date 01/01/2019 as clarified the ISRB jurisdiction limitations.