| Momentum Bucket | Strong Momentum |
| Legal Title | AN ACT Relating to providing judicial discretion to modify sentences in the interest of justice; |
| Bill Description | Providing judicial discretion to modify sentences in the interest of justice. |
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What this bill does
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This act, titled the "judicial discretion act," adds a new section to chapter 9.94A RCW and also amends RCW 10.73.100, 9.94A.535, and 9.94A.701. It creates a statutory procedure allowing persons serving felony sentences in the custody of the department to petition the sentencing court (or its successor) to modify their sentence when the original sentence no longer advances the interests of justice, subject to phased eligibility criteria tied to age at offense and time served (phase-in dates from July 1, 2026 through July 1, 2032) and other limits. The bill sets filing and procedural rules (written petition in original district, service on the prosecuting attorney, permitted supporting materials, a court threshold review that can dismiss ineligible petitions, and a mandatory hearing within 120 days if the petitioner meets criteria by a preponderance of the evidence), provides for de novo resentencing review, and prescribes limits on modifications (new sentence may not exceed the original, certain limits for indeterminate sentences, cannot go below statutory mandatory minimums, earliest release no sooner than six months after the hearing, and requirements about community custody including a five‑year minimum where the original included less than five years).
The bill changes sentencing procedures and penalties in several ways: it authorizes courts to impose exceptional sentences below the standard range based on rehabilitation or other factors and to impose sentences below mandatory enhancement terms; it amends aggravating-factor lists used for upward departures (adding multiple specified aggravators); and it prescribes mandatory terms of community custody to be added to sentences (for example, three years for certain sex or serious violent offenses, 18 months for violent offenses that are not serious violent offenses, and one year for listed offenses), with rules to reduce community custody where combined terms would exceed statutory maximums. It also removes the time limit for collateral attack in RCW 10.73.090 for petitions under this section, provides appeal rights for denials of hearings or resentencing orders, and limits refiling after denial (generally not earlier than three years unless the court allows earlier).
The act imposes victim‑related procedural and service requirements: courts must allow victims of the petitioner’s crimes to present statements at hearings and consider them, prosecuting attorneys must make reasonable efforts to notify victims and survivors of hearings (including certain prior domestic or sexual violence victims), the Office of Crime Victims Advocacy must establish a flexible fund for relocation, court travel, and psychotherapy expenses and contract for victim advocacy services, and the office may contract to train embedded victim advocates. The bill bars waiver of the right to petition, allows a pro se filer who later retains counsel at least one amendment as of right, and restricts eligibility for petitions in specified circumstances (for example, persons sentenced under RCW 9.94A.570 or RCW 10.95.030 are ineligible, and first‑degree murder inmates may not petition unless they have served at least 20 years and meet eligibility).
Important context gaps in the provided text remain: portions of subsection (1) that appear to include exceptions (subsections (13) and (14)) are not included; the text cuts off in several places so some cross-referenced changes and the full list of aggravating factors and earlier items are missing; the identity of "the department" is not defined in the provided facts; and the bill header lists RCW 9.94A.701 twice, which may be a duplication or typographical issue not explained here. The act also contains timing and funding conditions (sections with expiration or effective dates and a provision that the act is null and void if specific funding is not provided in the omnibus appropriations act by June 30, 2025).
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Why it matters
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If enacted, the bill creates a new pathway for people serving felony terms in state custody to ask the sentencing court to reconsider their sentences on a phased schedule beginning in 2026, which will likely lead to more petitions and hearings for judges to decide whether a sentence still serves the interests of justice. Courts can shorten terms within strict limits (they cannot exceed the original sentence, must respect mandatory minimums, and generally cannot order immediate release sooner than six months after resentencing) and must impose at least five years of community custody if the original sentence included less than that; people convicted of certain offenses (including some sex offenses and a first-degree murder conviction until specific service thresholds are met) are limited or excluded. This will expand options for incarcerated people who meet the new time-and-age thresholds, but also creates predictable timelines and constraints on when any release might occur.
The change shifts work and costs onto several state actors: trial courts must screen and timely hold hearings, prosecutors must notify victims and help arrange victim advocacy services, and the Office of Crime Victims Advocacy must set up a flexible fund, contract for victim services and training for advocates embedded in prosecutor offices—tasks that require new funding and administration. The department that holds people in custody will need to adjust custody and community supervision planning if resentencings occur. The act contains a funding condition that would void it if the omnibus appropriations act does not appropriate specified support by June 30, 2025, and some implementation details and referenced subsections are missing from the provided text, leaving uncertainty about how certain eligibility exceptions and administrative duties will be carried out.
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| Official Documents | View Full Bill Text |
| Hearing | House Community Safety (Public) |
| Hearing | House Community Safety (Public) |
| Hearing | House Community Safety (Executive) |
| Hearing | House Appropriations (Public) |
| Hearing | House Appropriations (Executive) |