Clemency and pardons

AN ACT Relating to clemency and pardons; amending RCW 9.94A.501, 1
9.94A.565, 9.94A.633, 9.94A.633, 9.94A.728, and 9.94A.880; reenacting 2
and amending RCW 9.94A.501 and 9.94A.885; adding a new section to 3
chapter 9.94A RCW; providing an effective date; and providing an 4
expiration date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 9.94A.501 and 2024 c 63 s 3 are each amended to read 7
as follows: 8
(1) The department shall supervise the following ((offenders)) 9
individuals who are sentenced to probation in superior court, 10
pursuant to RCW 9.92.060, 9.95.204, or 9.95.210: 11
(a) ((Offenders)) Individuals convicted of: 12
(i) Sexual misconduct with a minor second degree;13
(ii) Custodial sexual misconduct second degree;14
(iii) Communication with a minor for immoral purposes; and15
(iv) Violation of RCW 9A.44.132(2) (failure to register); and16
(b) ((Offenders)) Individuals who have: 17
(i) A current conviction for a repetitive domestic violence 18
offense after August 1, 2011; and 19
(ii) A prior conviction for a repetitive domestic violence 20
offense or domestic violence felony offense after August 1, 2011.21
H-0205.3
HOUSE BILL 1131
State of Washington 69th Legislature 2025 Regular Session
By Representatives Goodman, Hackney, Simmons, Wylie, Ormsby, and Hill
Prefiled 12/24/24. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1131
(2) ((Misdemeanor)) Individuals convicted of misdemeanor and 1
gross misdemeanor ((offenders)) offenses supervised by the department 2
pursuant to this section shall be placed on community custody.3
(3) The department shall supervise every individual convicted of 4
a felony ((offender)) and sentenced to community custody pursuant to 5
RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the 6
((offender)) individual as one who is at a high risk to reoffend.7
(4) Notwithstanding any other provision of this section, the 8
department shall supervise an ((offender)) individual sentenced to 9
community custody regardless of risk classification if the 10
((offender)) individual: 11
(a) Has a current conviction for a sex offense or a serious 12
violent offense and was sentenced to a term of community custody 13
pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;14
(b) Has been identified by the department as a dangerous mentally 15
ill offender pursuant to RCW 72.09.370; 16
(c) Has an indeterminate sentence and is subject to parole 17
pursuant to RCW 9.95.017; 18
(d) Has a current conviction for violating RCW 9A.44.132(1) 19
(failure to register) and was sentenced to a term of community 20
custody pursuant to RCW 9.94A.701; 21
(e)(i) Has a current conviction for a domestic violence felony 22
offense after August 1, 2011, and a prior conviction for a repetitive 23
domestic violence offense or domestic violence felony offense after 24
August 1, 2011. This subsection (4)(e)(i) applies only to offenses 25
committed prior to July 24, 2015; 26
(ii) Has a current conviction for a domestic violence felony 27
offense. The state and its officers, agents, and employees shall not 28
be held criminally or civilly liable for its supervision of an 29
((offender)) individual under this subsection (4)(e)(ii) unless the 30
state and its officers, agents, and employees acted with gross 31
negligence; 32
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 33
9.94A.670, 9.94A.711, or 9.94A.695; 34
(g) Is subject to supervision pursuant to RCW 9.94A.745; or35
(h) Was convicted and sentenced under RCW 46.61.520 (vehicular 36
homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) 37
(felony DUI), or RCW 46.61.504(6) (felony physical control).38
(5) The department shall supervise any ((offender who is )) 39
individual released by the indeterminate sentence review board 40
p. 2 HB 1131
((and)) who was sentenced to community custody or subject to 1
community custody under the terms of release. 2
(6) The department shall supervise any individual granted 3
conditional commutation pursuant to RCW 9.94A.885 if the governor 4
includes a term of community custody as a condition of commutation.5
(7) The department is not authorized to, and may not, supervise 6
any ((offender)) individual sentenced to a term of community custody 7
or any probationer unless the ((offender)) individual or probationer 8
is one for whom supervision is required under this section ((or RCW 9
9.94A.5011)). 10
(((7))) (8) The department shall conduct a risk assessment for 11
every individual convicted of a felony ((offender)) and sentenced to 12
a term of community custody who may be subject to supervision under 13
this section ((or RCW 9.94A.5011)). 14
(((8))) (9) The period of time the department is authorized to 15
supervise an ((offender)) individual under this section may not 16
exceed the duration of community custody specified under RCW 17
9.94B.050, 9.94A.701 (1) through (9), or 9.94A.702, except in cases 18
where the court has imposed an exceptional term of community custody 19
under RCW 9.94A.535 and where the governor imposes a term of 20
community custody as a condition of conditional commutation or 21
imposes an additional term of community custody due to a violation of 22
conditional commutation. 23
(((9))) (10) The period of time the department is authorized to 24
supervise an ((offender)) individual under this section may be 25
reduced by the earned award of supervision compliance credit pursuant 26
to RCW 9.94A.717. 27
Sec. 2. RCW 9.94A.501 and 2024 c 306 s 4 and 2024 c 63 s 3 are 28
each reenacted and amended to read as follows: 29
(1) The department shall supervise the following ((offenders)) 30
individuals who are sentenced to probation in superior court, 31
pursuant to RCW 9.92.060, 9.95.204, or 9.95.210: 32
(a) ((Offenders)) Individuals convicted of: 33
(i) Sexual misconduct with a minor second degree;34
(ii) Custodial sexual misconduct second degree;35
(iii) Communication with a minor for immoral purposes; and36
(iv) Violation of RCW 9A.44.132(2) (failure to register); and37
(b) ((Offenders)) Individuals who have: 38
p. 3 HB 1131
(i) A current conviction for a repetitive domestic violence 1
offense after August 1, 2011; and 2
(ii) A prior conviction for a repetitive domestic violence 3
offense or domestic violence felony offense after August 1, 2011.4
(2) ((Misdemeanor)) Individuals convicted of misdemeanor and 5
gross misdemeanor ((offenders)) offenses supervised by the department 6
pursuant to this section shall be placed on community custody.7
(3) The department shall supervise every individual convicted of 8
a felony ((offender)) and sentenced to community custody pursuant to 9
RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the 10
((offender)) individual as one who is at a high risk to reoffend.11
(4) Notwithstanding any other provision of this section, the 12
department shall supervise an ((offender)) individual sentenced to 13
community custody regardless of risk classification if the 14
((offender)) individual: 15
(a) Has a current conviction for a sex offense or a serious 16
violent offense and was sentenced to a term of community custody 17
pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;18
(b) Has been identified by the department as a dangerous mentally 19
ill offender pursuant to RCW 72.09.370; 20
(c) Has an indeterminate sentence and is subject to parole 21
pursuant to RCW 9.95.017; 22
(d) Has a current conviction for violating RCW 9A.44.132(1) 23
(failure to register) and was sentenced to a term of community 24
custody pursuant to RCW 9.94A.701; 25
(e)(i) Has a current conviction for a domestic violence felony 26
offense after August 1, 2011, and a prior conviction for a repetitive 27
domestic violence offense or domestic violence felony offense after 28
August 1, 2011. This subsection (4)(e)(i) applies only to offenses 29
committed prior to July 24, 2015; 30
(ii) Has a current conviction for a domestic violence felony 31
offense. The state and its officers, agents, and employees shall not 32
be held criminally or civilly liable for its supervision of an 33
((offender)) individual under this subsection (4)(e)(ii) unless the 34
state and its officers, agents, and employees acted with gross 35
negligence; 36
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 37
9.94A.670, 9.94A.711, 9.94A.695, or 9.94A.661; 38
(g) Is subject to supervision pursuant to RCW 9.94A.745; or39
p. 4 HB 1131
(h) Was convicted and sentenced under RCW 46.61.520 (vehicular 1
homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) 2
(felony DUI), or RCW 46.61.504(6) (felony physical control).3
(5) The department shall supervise any ((offender who is )) 4
individual released by the indeterminate sentence review board 5
((and)) who was sentenced to community custody or subject to 6
community custody under the terms of release. 7
(6) The department shall supervise any individual granted 8
conditional commutation pursuant to RCW 9.94A.885.9
(7) The department is not authorized to, and may not, supervise 10
any ((offender)) individual sentenced to a term of community custody 11
or any probationer unless the ((offender)) individual or probationer 12
is one for whom supervision is required under this section ((or RCW 13
9.94A.5011)). 14
(((7))) (8) The department shall conduct a risk assessment for 15
every individual convicted of a felony ((offender)) and sentenced to 16
a term of community custody who may be subject to supervision under 17
this section ((or RCW 9.94A.5011)). 18
(((8))) (9) The period of time the department is authorized to 19
supervise an ((offender)) individual under this section may not 20
exceed the duration of community custody specified under RCW 21
9.94B.050, 9.94A.701 (1) through (9), or 9.94A.702, except in cases 22
where the court has imposed an exceptional term of community custody 23
under RCW 9.94A.535 and where the governor imposes a term of 24
community custody as a condition of conditional commutation or 25
imposes an additional term of community custody due to a violation of 26
conditional commutation. 27
(((9))) (10) The period of time the department is authorized to 28
supervise an ((offender)) individual under this section may be 29
reduced by the earned award of supervision compliance credit pursuant 30
to RCW 9.94A.717. 31
Sec. 3. RCW 9.94A.565 and 1994 c 1 s 5 are each amended to read 32
as follows: 33
(1) Nothing in chapter 1, Laws of 1994 or chapter 10.95 RCW shall 34
ever be interpreted or construed as to reduce or eliminate the power 35
of the governor to grant a pardon or clemency to any ((offender)) 36
individual on an individual case-by-case basis. However, the people 37
recommend that ((any offender)):38
p. 5 HB 1131
(a) Any incarcerated individual subject to total confinement for 1
life without the possibility of parole not be considered for release 2
until the ((offender)) incarcerated individual has ((reached the age 3
of at least sixty years old and has )) been judged to ((be)) no longer 4
be a threat to society ((. The people further recommend that sex 5
offenders));6
(b) Incarcerated individuals who have been convicted of a sex 7
offense be held to the utmost scrutiny under this subsection 8
regardless of age; and9
(c) Release take the form of a commutation that includes a period 10
of law-abiding behavior in the community. 11
(2) Nothing in this section shall ever be interpreted or 12
construed to grant any release for the purpose of reducing prison 13
overcrowding. Furthermore, the governor shall provide twice yearly 14
reports on the activities and progress of ((offenders)) individuals 15
subject to total confinement for life without the possibility of 16
parole who are released through executive action during his or her 17
tenure. These reports shall continue for not less than ((ten)) 10 18
years after the release of the ((offender)) individual or upon the 19
death of the released ((offender)) individual. 20
Sec. 4. RCW 9.94A.633 and 2021 c 242 s 4 are each amended to 21
read as follows: 22
(1)(a) An ((offender)) individual who violates any condition or 23
requirement of a sentence may be sanctioned by the court with up to 24
((sixty)) 60 days' confinement for each violation or by the 25
department with up to ((thirty)) 30 days' confinement as provided in 26
RCW 9.94A.737. 27
(b) In lieu of confinement, an ((offender)) individual may be 28
sanctioned with work release, home detention with electronic 29
monitoring, work crew, community restitution, inpatient treatment, 30
daily reporting, curfew, educational or counseling sessions, 31
supervision enhanced through electronic monitoring, or any other 32
community-based sanctions. 33
(2) If an ((offender)) individual was under community custody 34
pursuant to one of the following statutes, the ((offender)) 35
individual may be sanctioned as follows: 36
(a) If the ((offender)) individual was transferred to community 37
custody in lieu of earned early release in accordance with RCW 38
9.94A.728, the ((offender)) individual may be transferred to a more 39
p. 6 HB 1131
restrictive confinement status to serve up to the remaining portion 1
of the sentence, less credit for any period actually spent in 2
community custody or in detention awaiting disposition of an alleged 3
violation. 4
(b) If the ((offender)) individual was sentenced under the drug 5
offender sentencing alternative set out in RCW 9.94A.660, the 6
((offender)) individual may be sanctioned in accordance with that 7
section. 8
(c) If the ((offender)) individual was sentenced under the 9
parenting sentencing alternative set out in RCW 9.94A.655, the 10
((offender)) individual may be sanctioned in accordance with that 11
section. 12
(d) If the ((offender)) individual was sentenced under the 13
special sex offender sentencing alternative set out in RCW 9.94A.670, 14
the suspended sentence may be revoked and the ((offender)) individual 15
committed to serve the original sentence of confinement.16
(e) If the ((offender)) individual was sentenced under the mental 17
health sentencing alternative set out in RCW 9.94A.695, the 18
((offender)) individual may be sanctioned in accordance with that 19
section. 20
(f) If the ((offender)) individual was sentenced to a work ethic 21
camp pursuant to RCW 9.94A.690, the ((offender)) individual may be 22
reclassified to serve the unexpired term of his or her sentence in 23
total confinement. 24
(g) If ((a sex offender )) an individual convicted of a sex 25
offense was sentenced pursuant to RCW 9.94A.507, the ((offender)) 26
individual may be transferred to a more restrictive confinement 27
status to serve up to the remaining portion of the sentence, less 28
credit for any period actually spent in community custody or in 29
detention awaiting disposition of an alleged violation.30
(h) If the individual was granted conditional commutation 31
pursuant to RCW 9.94A.885, the individual may be transferred to a 32
more restrictive confinement status to serve up to the remaining 33
portion of the sentence, less credit for any period actually spent in 34
community custody or in detention awaiting disposition of an alleged 35
violation.36
(3) If a probationer is being supervised by the department 37
pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may 38
be sanctioned pursuant to subsection (1) of this section. The 39
department shall have authority to issue a warrant for the arrest of 40
p. 7 HB 1131
an ((offender)) individual who violates a condition of community 1
custody, as provided in RCW 9.94A.716. Any sanctions shall be imposed 2
by the department pursuant to RCW 9.94A.737. Nothing in this 3
subsection is intended to limit the power of the sentencing court to 4
respond to a probationer's violation of conditions.5
(4) The parole or probation of an ((offender)) individual who is 6
charged with a new felony offense may be suspended and the 7
((offender)) individual placed in total confinement pending 8
disposition of the new criminal charges if: 9
(a) The ((offender)) individual is on parole pursuant to RCW 10
9.95.110(1); or 11
(b) The ((offender)) individual is being supervised pursuant to 12
RCW 9.94A.745 and is on parole or probation pursuant to the laws of 13
another state. 14
Sec. 5. RCW 9.94A.633 and 2024 c 306 s 7 are each amended to 15
read as follows: 16
(1)(a) An ((offender)) individual who violates any condition or 17
requirement of a sentence may be sanctioned by the court with up to 18
60 days' confinement for each violation or by the department with up 19
to 30 days' confinement as provided in RCW 9.94A.737.20
(b) In lieu of confinement, an ((offender)) individual may be 21
sanctioned with work release, home detention with electronic 22
monitoring, work crew, community restitution, inpatient treatment, 23
daily reporting, curfew, educational or counseling sessions, 24
supervision enhanced through electronic monitoring, or any other 25
community-based sanctions. 26
(2) If an ((offender)) individual was under community custody 27
pursuant to one of the following statutes, the ((offender)) 28
individual may be sanctioned as follows: 29
(a) If the ((offender)) individual was transferred to community 30
custody in lieu of earned early release in accordance with RCW 31
9.94A.728, the ((offender)) individual may be transferred to a more 32
restrictive confinement status to serve up to the remaining portion 33
of the sentence, less credit for any period actually spent in 34
community custody or in detention awaiting disposition of an alleged 35
violation. 36
(b) If the ((offender)) individual was sentenced under the drug 37
offender sentencing alternative set out in RCW 9.94A.660, the 38
p. 8 HB 1131
((offender)) individual may be sanctioned in accordance with that 1
section. 2
(c) If the ((offender)) individual was sentenced under the drug 3
offender sentencing alternative for driving under the influence set 4
out in RCW 9.94A.661, the ((offender)) individual may be sanctioned 5
in accordance with that section. 6
(d) If the ((offender)) individual was sentenced under the 7
parenting sentencing alternative set out in RCW 9.94A.655, the 8
((offender)) individual may be sanctioned in accordance with that 9
section. 10
(e) If the ((offender)) individual was sentenced under the 11
special sex offender sentencing alternative set out in RCW 9.94A.670, 12
the suspended sentence may be revoked and the ((offender)) individual 13
committed to serve the original sentence of confinement.14
(f) If the ((offender)) individual was sentenced under the mental 15
health sentencing alternative set out in RCW 9.94A.695, the 16
((offender)) individual may be sanctioned in accordance with that 17
section. 18
(g) If the ((offender)) individual was sentenced to a work ethic 19
camp pursuant to RCW 9.94A.690, the ((offender)) individual may be 20
reclassified to serve the unexpired term of his or her sentence in 21
total confinement. 22
(h) If ((a sex offender )) an individual convicted of a sex 23
offense was sentenced pursuant to RCW 9.94A.507, the ((offender)) 24
individual may be transferred to a more restrictive confinement 25
status to serve up to the remaining portion of the sentence, less 26
credit for any period actually spent in community custody or in 27
detention awaiting disposition of an alleged violation.28
(i) If the individual was granted conditional commutation 29
pursuant to RCW 9.94A.885, the individual may be transferred to a 30
more restrictive confinement status to serve up to the remaining 31
portion of the sentence, less credit for any period actually spent in 32
community custody or in detention awaiting disposition of an alleged 33
violation.34
(3) If a probationer is being supervised by the department 35
pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may 36
be sanctioned pursuant to subsection (1) of this section. The 37
department shall have authority to issue a warrant for the arrest of 38
an ((offender)) individual who violates a condition of community 39
custody, as provided in RCW 9.94A.716. Any sanctions shall be imposed 40
p. 9 HB 1131
by the department pursuant to RCW 9.94A.737. Nothing in this 1
subsection is intended to limit the power of the sentencing court to 2
respond to a probationer's violation of conditions.3
(4) The parole or probation of an ((offender)) individual who is 4
charged with a new felony offense may be suspended and the 5
((offender)) individual placed in total confinement pending 6
disposition of the new criminal charges if: 7
(a) The ((offender)) individual is on parole pursuant to RCW 8
9.95.110(1); or 9
(b) The ((offender)) individual is being supervised pursuant to 10
RCW 9.94A.745 and is on parole or probation pursuant to the laws of 11
another state. 12
Sec. 6. RCW 9.94A.728 and 2023 c 358 s 1 are each amended to 13
read as follows: 14
(1) No incarcerated individual serving a sentence imposed 15
pursuant to this chapter and committed to the custody of the 16
department shall leave the confines of the correctional facility or 17
be released prior to the expiration of the sentence except as 18
follows: 19
(a) An incarcerated individual may earn early release time as 20
authorized by RCW 9.94A.729; 21
(b) An incarcerated individual may leave a correctional facility 22
pursuant to an authorized furlough or leave of absence. In addition, 23
incarcerated individuals may leave a correctional facility when in 24
the custody of a corrections officer or officers; 25
(c)(i) The secretary may authorize an extraordinary medical 26
placement for an incarcerated individual when all of the following 27
conditions exist: 28
(A) The incarcerated individual has been assessed by two 29
physicians and is determined to be one of the following:30
(I) Affected by a permanent or degenerative medical condition to 31
such a degree that the individual does not presently, and likely will 32
not in the future, pose a threat to public safety; or33
(II) In ill health and is expected to die within six months and 34
does not presently, and likely will not in the future, pose a threat 35
to public safety; 36
(B) The incarcerated individual has been assessed as low risk to 37
the community at the time of release; and 38
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(C) It is expected that granting the extraordinary medical 1
placement will result in a cost savings to the state.2
(ii) An incarcerated individual sentenced to death or to life 3
imprisonment without the possibility of release or parole is not 4
eligible for an extraordinary medical placement. 5
(iii) The secretary shall require electronic monitoring for all 6
individuals in extraordinary medical placement unless the electronic 7
monitoring equipment is detrimental to the individual's health, 8
interferes with the function of the individual's medical equipment, 9
or results in the loss of funding for the individual's medical care, 10
in which case, an alternative type of monitoring shall be utilized. 11
The secretary shall specify who shall provide the monitoring services 12
and the terms under which the monitoring shall be performed.13
(iv) The secretary may revoke an extraordinary medical placement 14
under this subsection (1)(c) at any time. 15
(v) Persistent offenders are not eligible for extraordinary 16
medical placement; 17
(d) The governor, upon recommendation from the clemency and 18
pardons board, may grant an extraordinary release ((for)):19
(i) For reasons of serious health problems, senility, advanced 20
age, extraordinary meritorious acts, or other extraordinary 21
circumstances; or22
(ii) Pursuant to RCW 9.94A.885;23
(e) No more than the final 12 months of the incarcerated 24
individual's term of confinement may be served in partial confinement 25
for aiding the incarcerated individual with: Finding work as part of 26
the work release program under chapter 72.65 RCW; or reestablishing 27
himself or herself in the community as part of the parenting program 28
in RCW 9.94A.6551. This is in addition to that period of earned early 29
release time that may be exchanged for partial confinement pursuant 30
to RCW 9.94A.729(5)(d); 31
(f)(i) No more than the final five months of the incarcerated 32
individual's term of confinement may be served in partial confinement 33
as home detention as part of the graduated reentry program developed 34
by the department under RCW 9.94A.733(1)(a); 35
(ii) For eligible incarcerated individuals under RCW 36
9.94A.733(1)(b), after serving at least four months in total 37
confinement in a state correctional facility, an incarcerated 38
individual may serve no more than the final 18 months of the 39
incarcerated individual's term of confinement in partial confinement 40
p. 11 HB 1131
as home detention as part of the graduated reentry program developed 1
by the department; 2
(g) The governor may pardon any incarcerated individual;3
(h) The department may release an incarcerated individual from 4
confinement any time within 10 days before a release date calculated 5
under this section; 6
(i) An incarcerated individual may leave a correctional facility 7
prior to completion of his or her sentence if the sentence has been 8
reduced as provided in RCW 9.94A.870; 9
(j) Notwithstanding any other provisions of this section, an 10
incarcerated individual sentenced for a felony crime listed in RCW 11
9.94A.540 as subject to a mandatory minimum sentence of total 12
confinement shall not be released from total confinement before the 13
completion of the listed mandatory minimum sentence for that felony 14
crime of conviction unless allowed under RCW 9.94A.540; and15
(k) Any individual convicted of one or more crimes committed 16
prior to the individual's 18th birthday may be released from 17
confinement pursuant to RCW 9.94A.730. 18
(2) Notwithstanding any other provision of this section, an 19
incarcerated individual entitled to vacation of a conviction or the 20
recalculation of his or her offender score pursuant to State v. 21
Blake, No. 96873-0 (Feb. 25, 2021), may be released from confinement 22
pursuant to a court order if the incarcerated individual has already 23
served a period of confinement that exceeds his or her new standard 24
range. This provision does not create an independent right to release 25
from confinement prior to resentencing. 26
(3) Individuals residing in a juvenile correctional facility 27
placement pursuant to RCW 72.01.410(1)(a) are not subject to the 28
limitations in this section. 29
Sec. 7. RCW 9.94A.880 and 2011 c 336 s 335 are each amended to 30
read as follows: 31
(1) The clemency and pardons board is established as a board 32
within the office of the governor. The board consists of ((five)) 10 33
members appointed by the governor, subject to confirmation by the 34
senate. 35
(2) In making appointments to the board, the governor shall 36
strive to ensure racial, ethnic, geographic, gender, sexual identity, 37
and age diversity. The board membership must include the following:38
(a) A person with lived experience in a community of color;39
p. 12 HB 1131
(b) A person with lived experience as an incarcerated individual 1
or who has worked with the formerly incarcerated or successful 2
community reentry;3
(c) A representative of a faith-based organization or church with 4
interest or experience in successful community reentry;5
(d) A person with experience and interest in tribal affairs; and6
(e) A representative of crime victims.7
(3) Board members must attend training related to the principles 8
of racial equity, racism, and restorative justice at least every two 9
years.10
(4) Members of the board ((shall)) may serve up to two terms of 11
((four)) five years and may continue to serve until their successors 12
are appointed and confirmed. ((However, the )) The governor shall 13
stagger the initial terms ((by appointing one of the initial members 14
for a term of one year, one for a term of two years, one for a term 15
of three years, and two for terms of four years )) so that no more 16
than three members are up for appointment in any given year. Board 17
members as of the effective date of this section may serve the 18
member's remaining term. 19
(((3))) (5) The board shall elect a chair from among its members 20
and shall adopt bylaws governing the operation of the board . The 21
chair shall approve training and each member's hearing preparation 22
time as duties authorized for compensation under subsection (6) of 23
this section. 24
(((4))) (6) Members of the board shall ((receive no compensation 25
but shall be reimbursed for travel expenses as provided in RCW 26
43.03.050 and 43.03.060 as now existing or hereafter amended )) each 27
receive compensation in accordance with the provisions of RCW 28
43.03.250, unless waived by the member. All members shall receive 29
travel expenses incurred in the discharge of their official duties in 30
accordance with RCW 43.03.050 and 43.03.060. 31
(((5))) (7) The attorney general shall provide ((a staff as 32
needed for the operation of)) legal counsel to the board.33
(8) Each petition for commutation or pardon shall be reviewed by 34
a panel of five board members. The panel membership shall be selected 35
by a random drawing conducted by board staff.36
(9) For purposes of this section, "lived experience" has the 37
meaning provided in RCW 43.03.220.38
p. 13 HB 1131
Sec. 8. RCW 9.94A.885 and 2009 c 325 s 6 and 2009 c 138 s 4 are 1
each reenacted and amended to read as follows: 2
(1) The clemency and pardons board shall receive petitions from 3
individuals, organizations, and the department and make 4
recommendations to the governor for ((review and commutation)):5
(a) Commutation of sentences of incarcerated individuals when the 6
sentence no longer serves the interest of justice; and ((pardoning))7
(b) Pardoning of ((offenders)) individuals in extraordinary 8
cases((, and shall make recommendations thereon to the governor)).9
(2) The board shall receive petitions from individuals or 10
organizations for the restoration of civil rights lost by operation 11
of state law as a result of convictions for federal offenses or out-12
of-state felonies. The board may issue certificates of restoration 13
limited to engaging in political office. Any certifications granted 14
by the board must be filed with the secretary of state to be 15
effective. In all other cases, the board shall make recommendations 16
to the governor. 17
(3) The board shall not recommend that the governor grant 18
clemency under subsection (1) of this section until a public hearing 19
has been held on the petition. The prosecuting attorney of the county 20
where the conviction was obtained shall be notified at least 21
((thirty)) 90 days prior to the scheduled hearing that a petition has 22
been filed and the date and place at which the hearing on the 23
petition will be held. The board may waive the ((thirty-day)) 90-day 24
notice requirement in cases where it determines that waiver is 25
necessary to permit timely action on the petition. A copy of the 26
petition shall be sent to the prosecuting attorney. The prosecuting 27
attorney shall make reasonable efforts to notify victims, survivors 28
of victims, witnesses, and the law enforcement agency or agencies 29
that conducted the investigation, of the date and place of the 30
hearing. Information regarding victims, survivors of victims, or 31
witnesses receiving this notice are confidential and shall not be 32
available to the ((offender)) incarcerated individual seeking 33
clemency. The board shall consider statements presented as set forth 34
in RCW 7.69.032. This subsection is intended solely for the guidance 35
of the board. Nothing in this section is intended or may be relied 36
upon to create a right or benefit, substantive or procedural, 37
enforceable at law by any person. 38
p. 14 HB 1131
NEW SECTION. Sec. 9. A new section is added to chapter 9.94A 1
RCW to read as follows: 2
The clemency and pardons board shall transmit to the governor and 3
the legislature, at least annually, a report of its work, in which 4
shall be given such information as may be relevant. The information 5
must include the names of any offenders granted commutation or a 6
pardon in the previous calendar year, the crimes of which those 7
offenders were convicted, and any known acts of recidivism during the 8
preceding calendar year by any offender listed in any report 9
submitted under this section. 10
NEW SECTION. Sec. 10. Sections 1 and 4 of this act expire 11
January 1, 2026.12
NEW SECTION. Sec. 11. Sections 2 and 5 of this act take effect 13
January 1, 2026.14
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p. 15 HB 1131