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Endcat

Lifetime Community Supervision in WA State

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Is anyone aware of any recourse that one may have for challenging " Indeterminate + 1" supervision for a low level SSOSA sex offender in WA state. Does the indeterminate sentence review board have jurisdiction? My brother has been a model citizen and has not been revoked at all for the last ten years and his judge, CCO and Shrink all say he is good to be released but the prosecutor says the judge has zero authority in this matter and refuses to assist in his release from community supervision. Any help or wisdom would be of great help

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You aren't on a WA-centric board, but if the maximum possible sentence was life for the charge(s), it seems "nder determinate plus law, an offender will remain on release supervision until they reach the expiration of their maximum sentence."

 

I should think your brother's free to seek a pardon or other avenues.

Is there a reason why you aren't sharing the response of the parties mentioned to the State's assertion that judge has no authority to do X?  If the judge understands that's the case, that'd presumably be why the "supervision" isn't nixed.  If judge doesn't understand that's the case, judge is free to do as (s)he pleases and force the State to appeal the issue.  I'd presume the judge wouldn't, even if unfamiliar with relevant statutes, just take the prosecutor's say-so for the judge having no discretion but instead expect the prosecutor to cite a reference.

 

http://www.doc.wa.gov/isrb/faq.asp#8

 

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.95.260

 

http://www.doc.wa.gov/isrb/faq.asp#13

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You aren't on a WA-centric board, but if the maximum possible sentence was life for the charge(s), it seems "nder determinate plus law, an offender will remain on release supervision until they reach the expiration of their maximum sentence."

 

I should think your brother's free to seek a pardon or other avenues.

Is there a reason why you aren't sharing the response of the parties mentioned to the State's assertion that judge has no authority to do X?  If the judge understands that's the case, that'd presumably be why the "supervision" isn't nixed.  If judge doesn't understand that's the case, judge is free to do as (s)he pleases and force the State to appeal the issue.  I'd presume the judge wouldn't, even if unfamiliar with relevant statutes, just take the prosecutor's say-so for the judge having no discretion but instead expect the prosecutor to cite a reference.

 

http://www.doc.wa.gov/isrb/faq.asp#8

 

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.95.260

 

http://www.doc.wa.gov/isrb/faq.asp#13

 

There was no mistake on the assertion of the prosecutor as the law clearly states the judge has no authority in that. Again this an instance where the Legislator forces the Judiciary's hand. What I am asking is not if the state was correct BUT is there any recourse. Recall that WA state had been hauled before the court because they were locking up sex offenders even after they had served their sentences. When the court found that unconstitutional the legislator did an end run on the decision and instituted the Indeterminate + 1 community supervision and continued to lock up the most dangerous offenders in "Community Housing".  Those individuals have recourse to argue for their full release from supervision via the Indeterminate Sentencing Review Board. I am trying to ascertain if there is any recourse for a low level offender not ensconced in "Community housing" to do the same. Does the ISRB have juristiction?

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All I can refer you to is my prior post (starting with this not being a WA-centric board ... let alone having a community poster that's intimately familiar with the "ISRB".  Despite the "is anyone aware" nature of the question (and this not being a specifically targeted board to the subtopic in WA), you're in effect looking for (a) someone who already has the answer, or ( B) someone willing to do the research for you.  Item ( B) is particularly unlikely (not the purpose of the boards, despite the unfortunate marketing/trademarking).

 

Maybe it's time for another group to challenge the statute you mention the legislature passing.  Just because the legislature did an end-run doesn't mean the same (presumably state supreme) court wouldn't find it problematic.  The highest state court will not unilaterally declare it so; a case or cases have to reach the topic.

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Maybe it's time for another group to challenge the statute you mention the legislature passing.  Just because the legislature did an end-run doesn't mean the same (presumably state supreme) court wouldn't find it problematic.  The highest state court will not unilaterally declare it so; a case or cases have to reach the topic.

 

In 2001, Washington state enacted an indeterminate sentencing law as applied to convicted sex offenders.  Upon conviction, all their sentences are indeterminate life sentences with the court required to set a minimum custody time determination.  Thus, ALL sex offenders in WA who committed their crime/s after the enactment of that legislation are given life sentences but eligible for release on lifetime supervision upon serving the minimum term if the ISRB approves their release plan.  It has been challenged in the courts and found constitutional by the state supreme court.  People v. Clark (2006) 134 P.3d 188, 156 Wash.2d 880.   The ISRB has the power to discharge the offender from parole and restore all civil rights except for firearm possession after 3 years of supervised parole.  WAC 381-80-050.

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https://www.bostonglobe.com/metro/2014/06/11/supreme-judicial-court-orders-end-lifetime-parole-supervision-for-sex-offenders/GL43yinlBDo10Ta1Sn3hRM/story.html

 

I believe that the whole "lifetime supervision" issue is unconstitutional. The above article may shed some light on how it was just overturned in another state, although there may be an issue with what authority the board was given in that state vs here in WA state. FYI - this is a recent decision and I haven't researched the differences yet. But it may still shed some light on how to challenge it here as well. Comparing it to the Clark decision mentioned above by LegalWriterOne (and any others related) would be advisable. And of course, the system is slow and it will take time. However, somebody has to "trail blaze" the issue and it sounds like your brother has the good conduct to support it. I'm working on my law degree - not an attorney... so read the article and take my opinion on the unconstitutionality issue as such.

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Since this post is over 4 years old and the original poster never returned after the initial posting, I expect this has resolved itself one way or the other long ago.

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