Other LanguagesUpon return to custody of a parole violator, whose parole had been revoked and who had been a fugitive from justice, the board of prison terms and paroles has the authority to require such person to serve out his unexpired term without credit for time spent as a parole violator.
(1) The Board of Prison Terms and Paroles is both authorized and required by RCW 9.95.040 to fix a minimum duration of confinement in the case of a person admitted to a state correctional facility under RCW 36.63.255 while on appeal from a felony conviction. (2) In such a case the Parole Board is further authorized by RCW 9.95.110 to release on parole, without the concurrence of the courts, a person admitted to a state correctional facility under RCW 36.63.255 even though that person's appeal is still pending.
The member of the board of prison terms and paroles designated as chairman is entitled to serve in such capacity only during the term of the appointing governor although he is entitled to continue to serve as member of the board for the fixed term for which he was appointed unless removed for cause under RCW 43.67.020.
(1) The "special verdict" contemplated by RCW 9.95.015 is the finding made by a jury and reported to the court that a person found guilty was "armed with a deadly weapon at the time of commission of the crime." (2) Same : There is no requirement that the board of prison terms and paroles be furnished with a copy of a special verdict on a finding of the court, it being sufficient if the sentence and judgement contains the necessary information. (3) Same : When a person is convicted of robbery and no finding of fact, or special verdict, is made pursuant to RCW 9.95.015, but there is evidence in the board's possession convincingly showing that such person was "armed with a deadly weapon at the time of the commission of the crime," the board must fix the minimum term of confinement of five years if such person has not been previously convicted of a felony. (4) Same : If there is no evidence whatsoever that a person convicted of robbery was armed with a deadly weapon at the time of the commission of the crime, the board is not required to fix the minimum term prescribed by RCW 9.75.010.
The board of prison terms and paroles is without statutory authority to change the titles of parole and probation officers to parole board agents.
After one year of confinement the Board may reconsider the minimum duration of confinement of an inmate who comes within the purview of RCW 9.95.040 and adjust the same downward, but the reconsidered term must not be less than that permitted under that section.
In the case of a person convicted of three counts of armed robbery and found to be an habitual criminal because of previous convictions also involving the use of a fire arm, with the maximum sentences imposed by the court being ordered to run consecutively on two counts and concurrently as to the third, the minimum term of confinement which may be fixed by the board of prison terms and paroles under either RCW 9.41.025 or RCW 9.95.040 is one of fifteen years.
The board of prison terms and paroles is not restricted specifically by any provision found in chapter 9.95 RCW (other than the specific minimum terms of confinement set forth in RCW 9.95.040 and 9.95.115) as to the minimum duration of confinement which it may fix for those persons convicted of a felony and committed to state correctional institutions for felons.
When an inmate is transferred from the penitentiary to the reformatory or from the reformatory to the penitentiary, the board's jurisdiction over the prisoner relative to reducing the minimum term is dependent upon the original judgment and sentence.
The Board of Prison Terms and Paroles has authority under its rule making power to require as a condition precedent to parole, a cash bond of a parolee who seeks permission to leave the state pursuant to the Interstate Compact Act, RCW 9.95.270. The Board also has authority to set up a special trust fund for this purpose.