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PDFWAC 381-60-040


RCW 9.95.100 states that any convicted person undergoing sentence in the penitentiary or reformatory not sooner released under the provisions of this chapter shall, in accordance with the provisions of law, be discharged from custody for the offense of which such person was convicted or the maximum term fixed by the court where the law does not provide for a maximum term. The board shall not, however, until the maximum term expires, release a prisoner unless in its opinion, his rehabilitation has been complete and he is a fit subject for release. Therefore, if, in the opinion of an institution superintendent, any convicted person serving a sentence in an adult correctional institution is not a fit subject for release and is considered to be incapable of succeeding on parole because of incomplete rehabilitation, the department of corrections may request in writing that the board conduct a hearing pursuant to RCW 9.95.100. The written request shall include:
(1) A statement to the board giving reasons why the subject of the request is unable to be paroled;
(2) The institutional progress report covering his or her adjustment, achievement, infractions, and program participation since the last meeting with the board;
(3) Supporting data such as psychiatric or psychological reports;
(4) Other reports and information as necessary.
The board reserves the right to schedule hearings pursuant to RCW 9.95.100 on its own motion.
[WSR 95-13-083, § 381-60-040, filed 6/20/95, effective 6/19/95. WSR 91-14-029, § 381-60-040, filed 6/26/91, effective 7/27/91.]
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