120 days after the offender's arrival at a department of corrections facility, but after the board receives the results from the end of sentence review process and the recommendations for additional or modified conditions of community custody from the department, the board shall conduct a hearing to determine whether it is more likely than not that the offender will engage in sex offenses if released on conditions to be set by the board. The board may consider an offender's failure to participate in an evaluation under subsection (1) of this section in determining whether to release the offender. The board shall order the offender released, under such affirmative and other conditions as the board determines appropriate, unless the board determines by a preponderance of the evidence that, despite such conditions, it is more likely than not that the offender will commit sex offenses if released. If the board does not order the offender released, the board shall establish a new minimum term as provided in RCW 9.95.011.
RCW 9.95.420
Effective date- 2009 c 138 § 3: "Section 3 of this act takes effect August 1, 2009." [2009 c 138 § 7.]
Expiration date- 2009 c 138 § 2: "Section 2 of this act expires August 1, 2009." [2009 c 138 § 6.]
Intent-Application-Application of repealers-Effective date-2008 c 231: See notes following RCW 9.94A.701.
Severability-2008 c 231: See note following RCW 9.94A.500.
Effective date-2002 c 174: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2002]." [ 2002 c 174 § 3.]
Intent-Severability-Effective dates-2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application-2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.