| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to retroactively applying the requirement to exclude certain juvenile convictions from an offender score regardless of the date of the offense; |
| Bill Description | Concerning retroactively applying the requirement to exclude certain juvenile convictions from an offender score regardless of the date of the offense. |
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What this bill does
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This bill adds a new section to chapter 9.94A RCW creating a procedure that allows certain incarcerated people to petition the original sentencing court for a resentencing hearing when their offender score was increased by juvenile adjudications that are not scorable under RCW 9.94A.525 as enacted at the time the petition is filed. It establishes a rebuttable presumption that eligible petitioners are entitled to resentencing; courts must grant petitions that meet the statutory criteria unless one of a narrow set of denial grounds applies. If resentencing is granted, the non‑scorable juvenile adjudications must be treated as if they were not part of the offender score at the original sentencing.
The bill is a procedural change to sentencing law and sets detailed eligibility and timing rules. Eligible petitions are limited to persons in total confinement for offenses committed before July 23, 2023, whose sentence has a release date of July 1, 2026, or later, and who meet staged time‑served thresholds (until July 1, 2027: at least 50% of the sentence or 15 years; after July 1, 2027: at least 25% or 10 years; after July 1, 2028: at least 10% or 5 years; after July 1, 2029: any amount served). Courts may not schedule hearings under the section before January 1, 2026, and the earliest allowable release from total confinement after resentencing is six months following the resentencing hearing. Denials may be based only on a significant disciplinary record as defined in DOC policy DOC 460.050 (which can be overcome by a two‑year period free of serious violations immediately preceding the petition), an insignificant record of rehabilitation or programming, or a court finding by a preponderance of the evidence that the person is likely to commit new felony offenses if resentenced; the court must state reasons on the record and denials may be appealed, but do not reopen convictions to other barred challenges. A denied petitioner may file a new petition no earlier than three years after denial unless the court permits earlier filing.
The measure also directs the Department of Corrections to consider an existing RCW 72.09.270 reentry plan for resentenced individuals within six months of expected release, authorizes appointed counsel for indigent eligible petitioners subject to available appropriations (for the petition and related proceedings but not for appeals or later petitions), and specifies victims’, survivors’, and witnesses’ rights to notice and to present statements at resentencing hearings. The Office of Crime Victims Advocacy is directed to contract with prosecuting attorneys’ offices for victim advocacy services, create a flexible fund for certain victim supports, and contract for training for embedded victim advocates. Missing or unclear items in the provided text include the effective date of the new section, the specific content of RCW 9.94A.525 that determines which juvenile adjudications are scorable, the details of DOC policy DOC 460.050’s infraction codes, and any appropriation amounts or funding language.
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Why it matters
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If enacted, people in state custody whose sentences currently include juvenile adjudications that later are determined not scorable can ask the original sentencing court to hold a resentencing hearing starting January 1, 2026, with eligibility limited at first by how much of their sentence they have served and by release dates (only those in total confinement with a sentence release date of July 1, 2026 or later). Courts are expected to grant resentencing in most eligible cases unless the person has a recent serious disciplinary history, lacks rehabilitation programs while incarcerated, or is judged likely to reoffend; if resentenced, those juvenile adjudications are treated as if they were not part of the offender score and the person could be released earlier, but not sooner than six months after the hearing.
The departments and offices that will feel immediate effects are the sentencing courts (more hearings and decisions), the Department of Corrections (must review or update reentry plans within six months of expected release and track disciplinary records tied to eligibility), and the Office of Crime Victims Advocacy and local prosecutors (must provide victim notification, advocacy services, training, and a flexible support fund). Appointed counsel for indigent petitioners is allowed only if money is appropriated, so actual access to lawyers and the costs to state agencies depend on future funding; the bill also leaves unclear exactly which juvenile adjudications qualify (that depends on RCW 9.94A.525 as it stands when a petition is filed), the specific DOC infraction codes referenced, and the stated effective date and appropriation details.
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| Official Documents | View Full Bill Text |
| Date Introduced | 02/10/2025 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $3,644,804.00 |
| JUVENILES AND JUVENILE COURT |
| SENTENCING |
| Senator Kauffman (Primary) |
| Senator Frame |
| Senator Hasegawa |
| Senator Nobles |
| Senator Trudeau |
| Senator Valdez |
| Senator C. Wilson |