Ronald Buzzard Jr. v. Indeterminate Sentence Review Board
38930-8
Wash. Ct. App.Feb 13, 2024Background
- Ronald Buzzard was convicted of first-degree rape of a child and sentenced to 123 months to life, later released to community custody.
- After violating community custody terms, Buzzard’s release was revoked, and he was returned to prison for a new 24-month minimum term.
- The Indeterminate Sentencing Review Board (ISRB) held a hearing and extended Buzzard's minimum term by 24 months, recommending sex offender treatment for the first time after his admission to the offense.
- The ESRC recommended increasing Buzzard's sex offender classification from level 1 to level 3.
- Buzzard petitioned for a writ of mandamus, challenging the ISRB's authority and the classification increase, requesting immediate release.
- The superior court dismissed the petition, finding no mandatory duty for ISRB or DOC, and Buzzard appealed.
Issues
| Issue | Buzzard's Argument | Respondents' Argument | Held |
|---|---|---|---|
| Mandatory Duty to Act for Release | ISRB had to order immediate release | No clear legal duty to release; ISRB has discretion | No mandatory duty; writ denied |
| Authority to Order Sex Offender Treatment | ISRB had no authority for second treatment | Treatment was only recommended, not ordered, and Buzzard was newly eligible | ISRB did not exceed authority |
| Proper Increase in Risk Level | ESRC raised risk level improperly, without process | Statute permits ESRC to increase risk level for public safety | Increase was proper; no duty to keep level 1 |
| Opportunity for Actuarial Testing and Report Review | Not allowed necessary testing or review before risk level increase | ISRB/ESRC satisfied statutory process; Buzzard could respond and participate at hearing | Statutory requirements satisfied |
Key Cases Cited
- Colvin v. Inslee, 195 Wn.2d 879 (scope of mandamus writ and its limits regarding mandatory government action)
- Eugster v. City of Spokane, 118 Wn. App. 383 (elements required for a writ of mandamus)
- SEIU Healthcare 775NW v. Gregoire, 168 Wn.2d 593 (mandamus cannot compel discretionary acts)
- Cost Mgmt. Servs., Inc. v. City of Lakewood, 178 Wn.2d 635 (standards of review for mandamus writs)
- Matter of Forcha-Williams, 200 Wn.2d 581 (ISRB’s authority regarding sex offender release)