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Frequently Asked Questions (FAQ)

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What are the three types of incarcerated individuals for which the ISRB has jurisdiction?

The Indeterminate Sentence Review Board (ISRB or Board) has jurisdiction over three types of incarcerated individuals at the Department of Corrections (DOC): Parole (PRE), Community Custody Board (CCB) and Juvenile Board Cases (JUVBRD).

Incarcerated individuals who committed their crime(s) prior to July 1, 1984 and were sentenced to prison.

The ISRB must determine if the incarcerated individual's rehabilitation is complete and whether he or she is a fit subject for release. If the ISRB makes a decision to release the incarcerated individual, the Department of Corrections (DOC) will then propose a release plan. The ISRB will review and either approve or reject the release plan. If a parolee fails to follow the conditions of parole, the ISRB can revoke parole or impose new parole conditions on the parolee.

Learn more about Parole (PRE) cases.

Offenders who committed certain sex offenses on or after September 1, 2001.

The ISRB must determine if a preponderance of evidence suggests the offender is more likely than not to commit a sex offense if released with conditions. If the ISRB decides to release the person to community custody, the person must comply with all release conditions that were imposed by the court when he/she was sentenced, as well as any conditions imposed by the ISRB. If an person fails to follow those conditions, the ISRB can revoke the release or impose new release conditions on the offender.

Learn more about Community Custody Board (CCB) cases.

incarcerated individuals who committed crimes prior to their 18th birthday and are sentenced as adults.

The ISRB must determine if a preponderance of evidence suggests the incarcerated individual is more likely than not to commit a new crime. If the ISRB decides to release the incarcerated individual on supervision, the incarcerated individual must comply with all release conditions that were imposed by the court when he/she was sentenced, as well as any conditions imposed by the ISRB. If an incarcerated individual fails to follow those conditions, the ISRB can revoke the release or impose new release conditions on the incarcerated individual.

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What are Parole (PRE) cases?

PRE persons committed their crimes prior to July 1, 1984. In addition, they were sentenced to prison. These persons have indeterminate sentences (RCW 9.95.011(2)). This means the amount of time an incarcerated individual will spend in prison is not known when they are sentenced. The sentencing judge sets a maximum prison term. The Indeterminate Sentence Review Board (ISRB of Board) sets a minimum term.

The Board decides if a PRE person can leave prison before the maximum term is up. The Board holds a hearing several months before the parole eligibility date (PERD). This date is figured based on the minimum term and incarcerated individual earned time. A number of factors are considered before the Board makes a decision. If the decision is for parole, a plan is made to move the incarcerated individual into the community (parole). That plan may call for the incarcerated individual spending time in a prison program or work-release before release. If the decision is against parole, time is added, and a new minimum term is set.

The Board also sets a new minimum term for a revoked parole. Incarcerated individuals returning from escape and "new" cases also get new minimum terms. The Board is seeing a number of "new" PRE cases coming into prison. This is due to cold cases being solved by DNA match.

The Department of Corrections (DOC) supervises parolees. Parolees must follow the terms of supervision set by the court, DOC, and the Board. The Board gives the incarcerated individual a discharge from supervision if the rules are followed for 36 months. Parolees who finish supervision may also earn the Restoration of Civil Rights.

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What are Community Custody Board (CCB) cases?

CCBs are individuals convicted of certain sex offenses committed on or after September 1, 2001. RCW 9.94A.507 lists the qualifying offenses. The sentencing judge sets the minimum using the Sentencing Reform Act (SRA) guideline range. The maximum sentence is set according to what is listed in statute for the crime.

The Indeterminate Sentence Review Board (ISRB) or (Board) holds a release hearing 120 days prior to the earned release date (ERD). (The ERD is the minimum term minus earned time). The Board must determine if the individual is more likely than not or less likely than not to commit a sex offense if released with conditions. If the Board finds an individual not releasable, they will add time to the minimum term and schedule another hearing. No more than sixty (60) months can be added to the minimum term at each hearing. If the Board finds the individual releasable, the next action would be to submit an offender release plan (ORP).

The Department of Corrections (DOC) supervises CCB individuals while they are in the community. Release conditions are set by the court and the Board. The DOC will report any violations to the Board which could result in a hearing with the Board or the violations could be dealt with administratively. For in-person violation hearings, revocation of release and return to prison is a possibility. If this happens, the Board will set a new minimum term.

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What are Community Custody Board (CCB) crimes?

There are two ways persons may be given Determinate Plus/CCB sentences:

  • Being convicted of one of the below listed crimes, without having previously been convicted of any crime on the list.
  • Being convicted of a sex crime not on the below list, while having previously been convicted of any crime on the list.

Crimes with correlating RCW:

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Is there still a Parole Board?

The Board of Prisons Terms and Paroles was established in 1936. In 1986 it was renamed the Indeterminate Sentence Review Board (ISRB) because of legislative changes. The Board is a quasi-judicial board located in the Department of Corrections (DOC). Though DOC provides staffing and support, the ISRB retains independent decision-making authority.

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Why do individuals convicted of a crime under the Board’s jurisdiction get good time off their sentence?

  • In promoting successful reentry and rehabilitation, the term of the sentence an individual is to serve in a prison may be reduced if the individual has good behavior and/or participates in programs and activities as outlined in their reentry plan.
  • The amount of time reduced from their sentenced depends on many factors which are outlined in RCW 9.94A.729 and WAC 137-30-030.
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What are Juvenile Board (JUVBRD) cases?

These cases involve certain juveniles who committed crimes prior to their 18th birthday and were convicted as adults. This law is a result of the U.S. Supreme Court Miller vs. Alabama (pdf) that recognized that juveniles should not be sentenced to life without parole prior to considering certain mitigating factors. There are two types of Juvenile Board Cases:

  • Aggravated First Degree Murder (AGMURDER) – These are juveniles convicted of Aggravated First Degree Murder. They must be re-sentenced by the sentencing court and may fall under the Board if sentenced to a term of less than Life-Without-Parole. If the Board decides not to release them at their hearing, the Board can add up to five years on their minimum term.
  • Long Term Juvenile Board (LTJUVBRD) – These are juveniles sentenced to 20 or more years. They may petition the Board after serving 20 years flat time, have not been convicted of a new crime after the age of 18 and have not had a serious infraction in the last 12 months. If the Board decides to not release them at their hearing, the Board indicates when the incarcerated individual can petition again, up to 60 months.

Releasability: Juvenile Board incarcerated individuals have a presumption of release unless the Board determines by a preponderance of the evidence that the incarcerated individual is more likely than not to commit new criminal law violations (RCW 10.95.030 & 9.94A.730).

The Department of Corrections (DOC) supervises Juvenile Board incarcerated individuals while they are on supervision. The incarcerated individual must follow the terms of supervision, set by the court and the Board. The DOC will report any violations to the Board and appropriate action will be taken by the Board, which may include an in-custody hearing. They will be supervised for three years.

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How often do incarcerated individuals get to see the Board?

  • For Pre 84 and CCB cases, RCW 9.95.011 outlines that once the person has served their minimum term set by the court, the Board may hold a hearing to determine releasability. RCW 10.95.030(3), outlines a similar process for AMJ cases. In all 3 of these cases, if the Board determines not to release them, they may set a new minimum term. Statute outlines a new minimum term for the CCB and AMJ cases may not be more than 5 years. For Pre 84 cases the Board has discretion on setting the amount of time for a new minimum term.
    • This process may go on until the maximum of the sentence.
  • For juveniles sentenced to over 20 years, they may petition the Board for early release after serving 20 years.
    • If the Board determines not to release the individual, they may set they are eligible to petition for release next which is not to exceed 5 years RCW 9.94A.730.
  • Any individual released by the Board and is found to be in violation of the conditions of community custody may have a hearing with the Board at which time, the Board may reinstate the individual with the same or modified conditions, or revoke them back to prison and set a new minimum term as outlined in WAC 381-100-290.
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Why does the ISRB consider releasing incarcerated individuals from prison before they have served the maximum sentence imposed by the court?

The legislature has given authority to the Board to release incarcerated individuals if the statutory criteria is met in the three different populations under the Board’s jurisdiction:

  • Indeterminate law which is applicable to Pre's allowed all incarcerated individuals, 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 incarcerated individual "parolable", e.g., "rehabilitated and a fit subject for release" (RCW 9.95.100) before parole can be authorized. Under this indeterminate system, incarcerated individuals have a right to parole review, but they do not have a right to parole itself.
  • Incarcerated individuals sentenced under the determinate plus sentencing system or CCB's are given a minimum and maximum sentence by the court. 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 incarcerated individual 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 incarcerated individual 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 (RCW 9.95.011).
  • As of 2014 incarcerated individuals who committed their crimes as juveniles but were convicted as adults will be re-sentenced by the court (RCW 10.95.030) or can petition the Board (RCW 9.94A.730) after serving 20 or more years for possible release.
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What are the factors considered by the Board for release decisions?

The Board considers many factors before determining if an incarcerated individual is fit for release:

  • The original recommendation of the sentencing Judge and Prosecutor to the ISRB (if available).
  • The length of time an incarcerated individual has served so far.
  • Actuarial Risk Assessment Scores (static, dynamic and protective)
  • Responsivity to Programming (level and dosage of program)
  • Institutional and Previous Supervision Behavior
  • Incarcerated Individual Change (participation, refusal, progress)
  • Release Plan
  • Case Specific Information
  • Discordant Information
  • Victim Input
  • Public Safety
  • Statutory Direction

How do I submit a public records request to the ISRB?

Please submit an ISRB public records request to the Department of Corrections.

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Why is the Board considering releasing this sex offender when he/she has a life sentence?

The Board must see CCB (convicted sex) persons prior to the expiration of the minimum term that the sentencing court determined appropriate. In-prison release hearings are used to meet with the person to gather information. After the hearing, the Board makes a release decision. Specifically, they must determine whether or not the person 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 person is more likely than not to commit another sex offense. Up to 60 months may be added to the minimum term (RCW 9.95.011). The Board must then hold another hearing for the person before the end of the new minimum term. Each time the Board finds an person not releasable, this process is repeated, until the person's maximum term is reached.

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Who decides when a sex offender is released from prison?

  • The Board has jurisdiction over some individuals convicted of a sexual offense but not all. The largest population under the jurisdiction of the ISRB are Community Custody Board (CCB) cases. These are individuals convicted of certain sex offenses committed on or after September 1st, 2001. When convicted of one of these offenses, the court sets a minimum term and the maximum term is set in statute for the particular crime.
  • 4 months prior to the completion of the minimum term, the individual meets with the Board in a release hearing and the Board determines if the individual will be released or not according to criteria set forth in statue and relevant case law.
  • Individuals sentenced as Pre 84 and JUVBRD cases may be incarcerated for a sexual offense among other crimes. Similarly, the Board makes the determination if and when they will be released.
  • For a review of the types of cases the Board has jurisdiction over please see the FAQ addressing this.
  • For individuals convicted of a sexual offense who are not under the jurisdiction of the Board, you can find more information about their release at the End of Sentence Review Committee’s website here.
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Are sex offenders on supervision for the rest of their life?

  • Sentences for sexual offenses vary in length of imprisonment and supervision in the community. Depending on the class of the felony offense, maximum terms range from 5 years to life RCW 9A.20.021
  • For Pre 84 and JUVBRD cases regardless of the type of offense in which placed them under the jurisdiction of the ISRB, when released, they will be on parole/supervision for 3yrs.
  • For CCB cases, once released, they will be on supervision until they reach the expiration of the maximum of their sentence, which for a class A felony is life, RCW 9A.20.021.
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What kinds of things are sex offenders prohibited from doing?

  • When an individual is sentenced for a sexual offense, the court imposes conditions at the time of sentencing that are restrictions on what an individual may do when they are released to the community, and they may include requiring an individual to participate in certain types of treatment. These conditions are related to the individual factors of the case that a judge determines will further protect the community when the person is released.
  • Upon finding someone releasable, the Board may impose additional conditions to those the court imposed. Case law and statute requires the Board to only impose conditions that are risk relevant to the individual.
  • The Board may modify the conditions they imposed at any time the individual is in the community, however the Board may not modify the conditions imposed by the court.
  • Examples of conditions that can be imposed on an individual include but are not limited to being restricted from being around minors, or places minors congregate; different restrictions regarding the use of the internet; restrictions from drugs and alcohol use; geographic restrictions; restrictions from the use of sexually explicit materials. All the restrictions placed on an individual can be formed to be unique to the individual’s risk to reoffend.
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Does every sex offender in prison have to complete sex offense treatment before they get released?

  • The Board makes release decisions based on criteria set in statute and may or may not require an individual to complete treatment in order to be released. Decisions are based on individual circumstances. In some cases, lower risk individuals may be released without the Board requiring them to go through treatment.
  • The Department of Corrections is unable to provide treatment to everyone convicted of a sexually motivated offense who is incarcerated. Additionally, current research does not support providing intensive treatment to all those convicted of a sexual offense.
    • This may not seem like a good idea at first. However, providing treatment to someone who is assessed to be low risk for re-offense in order to reduce their risk even lower is not an efficient use of limited resources. The best use of limited resources is to provide treatment to those who pose the highest risk of re-offense to have the greatest impact on community safety.
  • Furthermore, RCW 72.09.335 dictates the DOC Sex Offense Treatment and Assessment Program (SOTAP) to prioritize individuals for treatment based on the individuals’ risk to reoffend. They are to prioritize the highest risk individuals over lower risk individuals. In other words, within available resources, SOTAP provides treatment to those who pose the highest risk for re-offense first and fills available treatment spots progressively to lower risk individuals as space allows.
  • The courts and/or the Board may or may not impose a condition the individual needs to complete treatment as part of their sentence.
  • If the individual has a condition to complete treatment, and is not prioritized for treatment while incarcerated, the Board may still find them releasable. In this case, they will then be required to complete treatment when in the community.
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Does an incarcerated individual have a right to be represented by an attorney during the release eligibility process and is there a cost?

  • For the release eligibility process, the ISRB provides an attorney for:
    • Individuals convicted of a crime prior to July 1st, 1984.
    • Individuals from any of the populations under the jurisdiction of the ISRB who have clear cognitive limitations that prevent them from meaningfully participating in the release hearing process.
  • The ISRB also provides attorneys for individuals who are scheduled to have an in-custody violation hearing where revocation is a potential outcome per RCW 9.95.122 and RCW 9.95.435
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Can the Board give a sex offender permission to be around children?

  • Not everyone convicted of a sexual offense committed an offense against children. Therefore, not everyone convicted of a sexual offense is restricted from being around children.
  • If the individual is convicted of a sex offense, the judge sets conditions for the individual when they are released to the community that the must abide by. The judge may order any number of conditions they determine to be relevant to mitigate the individuals’ risk to reoffend. This may include prohibiting someone convicted of a sexual offense from being around children.
  • When the Board finds someone releasable, they impose their own conditions separate from those of the court that are related to the crime and/or are risk relevant RCW 9.94A.704. If the court doesn’t restrict the individual from being around minors, but the Board determines this restriction is necessary to protect the community, they may impose this condition.
  • Depending on the individual’s circumstances, the Board is able to modify its own conditions restricting an individual from having contact with minors if the individual has demonstrated significant compliance with supervision and taken other steps to lower their risk. This includes setting up chaperones and/or supervisors of contact per DOC Policy.
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What happens if an incarcerated individual is released, but still has time to serve on sentences for other crimes?

If an incarcerated individual who is being considered for release has a consecutive sentence to serve on another conviction that the Board does not have authority over, he/she will serve that conviction time prior to release.

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How long will an incarcerated individual remain on release supervision?

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

For Juvenile Board cases they will complete three years of supervision in the community without being sent back to prison.

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Can someone on supervision ask to be relieved of registration?

Yes, RCW 9A.44.142 outlines who is eligible to be relieved of registration requirements and when an individual may request to be relieved of having to register. It also specifies who is not eligible to be relieved from the duty to register.

  • Those who are able to be relieved of the duty to register may do so at 10 or 15 years in the community depending on their sentence without having been convicted of a disqualifying offense.
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Can someone on supervision get a condition of release changed? How?

  • Yes, the Board may impose, modify, or remove their own conditions at any time per RCW 9.95.420(2).
  • The conditions must be related to the crime of conviction, risk to reoffend or the safety of the community if they are not, the individual may appeal the conditions imposed by the Board RCW 9.94A.704(10c).
  • The Board cannot modify the conditions imposed by the sentencing court.
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If an incarcerated individual 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 incarcerated individual be automatically returned to prison if he/she violates a condition of release and/or 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 incarcerated individual 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.

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Can CCB persons be released from lifetime supervision?

No, not at this time, there is no mechanism for those CCB persons under lifetime supervision to be released from that obligation.

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