RCW 9.95.047
195 words·~1 min read·
/wa/title-9/chapter-9-95/9-95-047A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)If an inmate under the board's jurisdiction files a petition for review under RCW 9.95.045 , the board shall review the duration of the inmate's confinement, including review of the minimum term and parole eligibility review dates. The board shall consider whether:
(a)The petitioner was convicted for a murder committed prior to the effective date of RCW 9.94A.535 (1)(h);
(b)RCW 9.94A.535 (1)(h), if effective when the petitioner committed the crime, would have provided a basis for the petitioner to seek a mitigated sentence; and
(c)The sentencing court and prosecuting attorney, when making their minimum term recommendations, considered evidence that the victim subjected the petitioner or the petitioner's children to a continuing pattern of sexual or physical abuse and the murder was in response to that abuse.
(2)The board may reset the minimum term and parole eligibility review date of a petitioner convicted of murder if the board finds that had RCW 9.94A.535 (1)(h) been effective when the petitioner committed the crime, the petitioner may have received an exceptional mitigating sentence.
[ 1993 c 144 s 2 .]
Notes:
Effective date — 1993 c 144: See note following RCW 9.95.045 .