Washington Supreme Court July 27, 2006, No. 76730-1 (In re the Personal Restraint of Dyer)

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Fairhurst, J.

(dissenting) — Today this court takes the unprecedented step of substituting its discretion for the authority of the Indeterminate Sentence Review Board (ISRB) and ordering the ISRB to reconsider evidence that it already considered. The legislature directs the ISRB to release a prisoner only when he has been “rehabilitated.