Personal Restraint Petition Of Jeffrey W. Hoch
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Opinion
Filed Washington State Court of Appeals Division Two
October 24, 2023
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II In the Matter of the Personal Restraint of: No. 57449-7-II
JEFFREY WILLIAM HOCH, UNPUBLISHED OPINION Petitioner.
LEE, J. — Jeffrey W. Hoch has filed a personal restraint petition (PRP) seeking relief from
restraint following the Indeterminate Sentencing Review Board’s (ISRB) March 17, 2022 decision
finding him not releasable and adding 30 months to his minimum term. However, Hoch’s petition
is now moot. Accordingly, we dismiss Hoch’s petition.
FACTS
On August 4, 2005, Hoch pleaded guilty to two counts of second degree rape of a child.
On September 27, 2005, the superior court sentenced Hoch to a minimum term of 136 months’
confinement and a maximum term of life.
On May 21, 2019, Hoch was released from confinement subject to community custody
conditions. On September 19, 2020, the ISRB revoked Hoch’s release based on several violations.
On March 1, 2022, the ISRB held a hearing to determine whether to release Hoch from
confinement. Following the hearing, the ISRB found that Hoch was not releasable and added 30
months’ confinement to Hoch’s minimum term. Hoch filed a PRP challenging the ISRB’s March
17, 2022 releaseability decision. No. 57449-7-II
The ISRB provided a revised releasability decision entered on July 26, 2023. On August
18, 2023, the ISRB moved to dismiss Hoch’s petition as moot because Hoch is no longer being
restrained by the March 17, 2022 releaseability decision. Hoch did not file a response to the
ISRB’s motion to dismiss.
ANALYSIS
Hoch filed this PRP challenging the ISRB’s March 17, 2022 releasablility decision. The
ISRB argues that the petition is moot because the ISRB’s March 17, 2022 releasabiltiy decision is
no longer restraining Hoch. We agree with the ISRB and dismiss Hoch’s petition as moot.
We will dismiss a case if it is moot. RAP 18.9(c). “‘A case is moot if a court can no longer
provide effective relief.’” State v. Ross, 152 Wn.2d 220, 228, 95 P.3d 1225 (2004) (quoting State
v. Gentry, 125 Wn.2d 570, 616, 888 P.2d 1105, cert. denied, 516 U.S. 843 (1995)).
In light of the August 18, 2023 releasability decision, we can no longer grant Hoch effective
relief on his challenge to the ISRB’s March 17, 2022 releasability decision because that decision
is no longer restraining Hoch. The only remedy available in this petition is reversing the ISRB’s
March 17, 2022 releasability decision and ordering the ISRB to enter a new releasability
decision—which has already occurred with the July 26, 2023 releasability decision. Because we
cannot provide any effective relief on Hoch’s challenge to the ISRB’s March 17, 2022 releasability
decision, Hoch’s petition is moot. Accordingly, we dismiss Hoch’s petition.
2 No. 57449-7-II
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,
it is so ordered.
Lee, J. We concur:
Maxa, J.
Cruser, A.C.J.
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