On September 1, 2001, one of the most drastic changes for sex offense sentencing took effect. The Legislature voted in the 2001 Legislative Session to authorize indeterminate sentences for sex offenders, and placed those convicted under the authority of the Indeterminate Sentencing Review Board (ISRB). What does that mean? It means that judges who sentence a person for those sex offenses are now setting the minimum sentence only. The ISRB must approve your release and that isn’t easy to achieve. You can be held up to the maximum for that offense, which means that for may persons convicted of sex offenses in Washington there is a very real possibility they will spend the rest of their life in prison for a single offense.
At Rhodes & Meryhew, we understand how serious the consequences of certain sex offense convictions can be for you. When we represent a client who could be potentially facing a life prison sentence, we advocate tirelessly for you. Our defense team seeks out expert consultation when necessary, conducts an extensive investigation, and makes all of our lawyers available to you for counsel and support when you need it.
The following information is provided to answer some common questions about indeterminate sentences for sex offenders, also known as ISRB sentences or .712 sentences.
How does an indeterminate sentence work?
When you are convicted of a sex offense which must be sentenced to an indeterminate sentence, a judge sets a particular minimum term for your sentence. After you complete that minimum term, which will be served in prison, you have a hearing in front of the Indeterminate Sentencing Review Board. They decide whether to release you or set a new minimum term. The ISRB can continue to set terms up to the statutory maximum of the offense, which for certain crimes, is life in prison.
To which crimes does the ISRB law apply?
The ISRB law applies to certain sex offenses, listed in the next section, which occur on September 1, 2001 or later.
What are the maximum terms for indeterminate sentences for sex offenses?
It depends on the class of the conviction:
Life (Class A felonies):
- Rape in the First Degree
- Rape in the Second Degree
- Rape of a Child in the First Degree
- Child Molestation in the First Degree
- Indecent Liberties with Forcible Compulsion
- Murder in the First Degree with Sexual Motivation
- Murder in the Second Degree with Sexual Motivation
- Homicide by Abuse with Sexual Motivation
- Kidnapping in the First Degree with Sexual Motivation
- Kidnapping in the Second Degree with Sexual Motivation
- Assault in the First Degree with Sexual Motivation
- Assault in the Second Degree with Sexual Motivation
- Assault of a Child in the First Degree with Sexual Motivation
- Burglary in the First Degree with Sexual Motivation
- And, for certain crimes listed above, the attempt to commit those crimes
10 years (Class B felonies):
- Kidnapping in the Second Degree with Sexual Motivation
In addition, if you have PREVIOUSLY been convicted of any of the above crimes and are charged with ANY sex offense, you can qualify for an indeterminate sentence.
What is the Indeterminate Sentencing Review Board?
The Indeterminate Sentencing Review Board is comprised of five members appointed by the Governor to serve five-year terms. They decide whether a sex offender is likely to commit another offense when released, and if they believe they are then the person is simply not released. A person may only get a chance to ask for release every five years. Those who have not completed sex offender treatment while in prison, or who have denied committing their offenses and gone to trial, or who have multiple victims, may never be released. You can find more information about the ISRB on their website at www.srb.wa.gov/.
I’ve been charged with a sex offense that is eligible for an indeterminate sentence. How can you help me?
At Rhodes & Meryhew, we treat sex offenses where our clients are facing indeterminate sentences on class A felonies as the potential life sentences that they can be. We will conduct a thorough, extensive investigation of the underlying charges, consult with nationally and internationally-known forensic sexual misconduct experts where appropriate, and carefully comb through your case to evaluate and litigate as many legal issues as possible. Based on our careful work, we have had multiple successes in winning these cases at trial, obtaining dismissals, and negotiating for reductions to non-indeterminate offenses. Our defense lawyer team works closely with our clients to provide them the support, attention, and legal representation they deserve as they grapple with the possibility of devastating consequences.
