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Current as of April 06, 2022 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Washington Revised Code Title 9. Crimes and Punishments § 9.95.047. Abused victim--Considerations of board in reviewing petition - last updated April 06, 2022 | https://codes.findlaw.com/wa/title-9-crimes-and-punishments/wa-rev-code-9-95-047/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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