Reentry readiness/DOC

AN ACT Relating to preparing incarcerated people for successful 1
reentry upon release from a correctional facility; amending RCW 2
9.94A.729, 9.94A.728, and 9.94A.733; and creating new sections.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature recognizes that reentry 5
readiness reduces recidivism, reducing the harm to individuals, 6
families, and communities. The state of Washington has committed to 7
reducing recidivism and increasing reentry readiness by joining and 8
pledging to support the national reentry 2030 initiative.9
The legislature recognizes that an equitable incentive in the 10
form of earned release time incentivizes behaviors which lead to 11
reentry readiness, while also addressing existing racial inequities 12
in earned time and graduated reentry. 13
Through the reentry readiness act, the legislature intends to 14
align public policy with the goals of the Washington statewide 15
reentry council and the principles of the Washington way program.16
The legislature recognizes that the availability of earned time 17
is the most effective means of incentivizing participation in 18
rehabilitative programming, which is critical for the purposes of 19
increasing public safety and improving reentry outcomes.20
H-0447.1
HOUSE BILL 1239
State of Washington 69th Legislature 2025 Regular Session
By Representatives Doglio, Farivar, Obras, Peterson, Wylie, Ormsby,
and Hill
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1239
The legislature intends to provide those who have served the 1
longest sentences with an extended transition period between total 2
confinement and full independence, to increase reentry readiness.3
Sec. 2. RCW 9.94A.729 and 2022 c 29 s 1 are each amended to read 4
as follows: 5
(1)(a) The term of the sentence of an offender committed to a 6
correctional facility operated by the department may be reduced by 7
earned release time in accordance with procedures that shall be 8
developed and adopted by the correctional agency having jurisdiction 9
in which the offender is confined. The earned release time shall be 10
for good behavior and good performance, as determined by the 11
correctional agency having jurisdiction. The correctional agency may 12
calculate but shall not credit the offender with earned release 13
credits in advance of the offender actually earning the credits.14
(b) Any program established pursuant to this section shall allow 15
an offender to earn ((early)) earned release time credits for 16
presentence incarceration. If an offender is transferred from a 17
county jail to the department, the administrator of a county jail 18
facility shall certify to the department the amount of time spent in 19
custody at the facility and the number of days of ((early)) earned 20
release time credits lost or not earned. The department may approve a 21
jail certification from a correctional agency that calculates 22
((early)) earned release time based on the actual amount of 23
confinement time served by the offender before sentencing when an 24
erroneous calculation of confinement time served by the offender 25
before sentencing appears on the judgment and sentence. The 26
department must adjust an offender's rate of ((early)) earned release 27
time listed on the jail certification to be consistent with the rate 28
applicable to offenders in the department's facilities. However, the 29
department is not authorized to adjust the ((number)) amount of 30
presentence ((early release days )) earned release time that the jail 31
has certified as lost or not earned. 32
(2)(a) ((An offender who has been convicted of a felony committed 33
after July 23, 1995, that involves any applicable deadly weapon 34
enhancements under RCW 9.94A.533 (3) or (4), or both, shall not 35
receive any good time credits or earned release time for that portion 36
of his or her sentence that results from any deadly weapon 37
enhancements.38
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(b) An offender whose sentence includes any impaired driving 1
enhancements under RCW 9.94A.533(7), minor child enhancements under 2
RCW 9.94A.533(13), or both, shall not receive any good time credits 3
or earned release time for any portion of his or her sentence that 4
results from those enhancements.5
(3) An offender may earn early release time as follows:6
(a) In the case of an offender sentenced pursuant to RCW 7
10.95.030(3) or 10.95.035, the offender may not receive any earned 8
early release time during the minimum term of confinement imposed by 9
the court; for any remaining portion of the sentence served by the 10
offender, the aggregate earned release time may not exceed 10 percent 11
of the sentence.12
(b) In the case of an offender convicted of a serious violent 13
offense, or a sex offense that is a class A felony, committed on or 14
after July 1, 1990, and before July 1, 2003, the aggregate earned 15
release time may not exceed 15 percent of the sentence.16
(c) In the case of an offender convicted of a serious violent 17
offense, or a sex offense that is a class A felony, committed on or 18
after July 1, 2003, the aggregate earned release time may not exceed 19
10 percent of the sentence.20
(d) An offender is qualified to earn up to 50 percent of 21
aggregate earned release time if he or she:22
(i) Is not classified as an offender who is at a high risk to 23
reoffend as provided in subsection (4) of this section;24
(ii) Is not confined pursuant to a sentence for:25
(A) A sex offense;26
(B) A violent offense;27
(C) A crime against persons as defined in RCW 9.94A.411;28
(D) A felony that is domestic violence as defined in RCW 29
10.99.020;30
(E) A violation of RCW 9A.52.025 (residential burglary);31
(F) A violation of, or an attempt, solicitation, or conspiracy to 32
violate, RCW 69.50.401 by manufacture or delivery or possession with 33
intent to deliver methamphetamine; or34
(G) A violation of, or an attempt, solicitation, or conspiracy to 35
violate, RCW 69.50.406 (delivery of a controlled substance to a 36
minor);37
(iii) Has no prior conviction for the offenses listed in (d)(ii) 38
of this subsection;39
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(iv) Participates in programming or activities as directed by the 1
offender's individual reentry plan as provided under RCW 72.09.270 to 2
the extent that such programming or activities are made available by 3
the department; and4
(v) Has not committed a new felony after July 22, 2007, while 5
under community custody.6
(e) In no other case shall the aggregate earned release time 7
exceed one-third of the total sentence.8
(4) The department shall perform a risk assessment of each 9
offender who may qualify for earned early release under subsection 10
(3)(d) of this section utilizing the risk assessment tool recommended 11
by the Washington state institute for public policy. Subsection 12
(3)(d) of this section does not apply to offenders convicted after 13
July 1, 2010.14
(5)(a))) A person who is eligible for earned early release as 15
provided in this section and who will be supervised by the department 16
pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to 17
community custody in lieu of earned release time; 18
(b) The department shall, as a part of its program for release to 19
the community in lieu of earned release, require the offender to 20
propose a release plan that includes an approved residence and living 21
arrangement. All offenders with community custody terms eligible for 22
release to community custody in lieu of earned release shall provide 23
an approved residence and living arrangement prior to release to the 24
community; 25
(c) The department may deny transfer to community custody in lieu 26
of earned release time if the department determines an offender's 27
release plan, including proposed residence location and living 28
arrangements, may violate the conditions of the sentence or 29
conditions of supervision, place the offender at risk to violate the 30
conditions of the sentence, place the offender at risk to reoffend, 31
or present a risk to victim safety or community safety. The 32
department's authority under this section is independent of any 33
court-ordered condition of sentence or statutory provision regarding 34
conditions for community custody; 35
(d) If the department is unable to approve the offender's release 36
plan, the department may do one or more of the following:37
(i) Transfer an offender to partial confinement in lieu of earned 38
early release for a period not to exceed three months. The three 39
months in partial confinement is in addition to that portion of the 40
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offender's term of confinement that may be served in partial 1
confinement as provided in RCW 9.94A.728(1)(e); 2
(ii) Provide rental vouchers to the offender for a period not to 3
exceed six months if rental assistance will result in an approved 4
release plan. 5
A voucher must be provided in conjunction with additional 6
transition support programming or services that enable an offender to 7
participate in services including, but not limited to, substance 8
abuse treatment, mental health treatment, sex offender treatment, 9
educational programming, or employment programming;10
(e) The department shall maintain a list of housing providers 11
that meets the requirements of RCW 72.09.285. If more than two 12
voucher recipients will be residing per dwelling unit, as defined in 13
RCW 59.18.030, rental vouchers for those recipients may only be paid 14
to a housing provider on the department's list((;15
(f) For each offender who is the recipient of a rental voucher, 16
the department shall gather data as recommended by the Washington 17
state institute for public policy in order to best demonstrate 18
whether rental vouchers are effective in reducing recidivism.19
(6) An offender serving a term of confinement imposed under RCW 20
9.94A.670(5)(a) is not eligible for earned release credits under this 21
section)). 22
(3) For any term of confinement set to be completed on or after 23
July 1, 2025, an offender may accrue earned release time up to 33.33 24
percent of the total sentence. In the case of consecutive sentences, 25
the phrase "any term of confinement set to be completed on or after 26
July 1, 2025," means the sentence currently being served and any 27
sentences yet to be served, but not any consecutive sentence 28
previously served by the offender, whether the consecutive sentences 29
are imposed under one judgment or multiple judgments. This includes 30
sentence enhancements under RCW 9.94A.533, except that:31
(a) The following are ineligible for earned release time:32
(i) A federal sentence served in the department's custody;33
(ii) An out-of-state sentence served at the department;34
(iii) A juvenile sentence under Title 13 RCW;35
(iv) A less restrictive alternative under chapter 71.05 RCW;36
(v) A civil commitment under chapter 10.77 RCW;37
(vi) A mandatory minimum sentence under RCW 9.94A.540;38
(vii) A persistent offender sentence under RCW 9.94A.570;39
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(viii) A special sex offender sentencing alternative under RCW 1
9.94A.670; and2
(ix) An aggravated first degree murder sentence imposed on an 3
adult under RCW 10.95.030.4
(b) A sentence imposed on a juvenile under RCW 10.95.030 or 5
10.95.035 is ineligible for earned release time during the minimum 6
term of confinement imposed by the court; for any remaining portion 7
of the sentence, the aggregate earned release time may not exceed 8
33.33 percent.9
(c) An offender qualified to earn up to 50 percent earned release 10
time under RCW 9.94A.729 shall not lose earned release time accrued 11
before July 1, 2025.12
NEW SECTION. Sec. 3. Pursuant to RCW 9.94A.729, the department 13
of corrections shall recalculate the earned release date for any 14
offender currently serving a term of confinement in a facility or 15
institution either operated by the state or utilized under contract. 16
The earned release date shall be recalculated whether the offender is 17
currently incarcerated or is sentenced after the effective date of 18
this section, and regardless of the offender's date of offense. For 19
offenders whose offense was committed prior to the effective date of 20
this section, the recalculation shall apply to any term of 21
confinement set to be completed on or after July 1, 2025, and shall 22
not extend a term of incarceration beyond that to which an offender 23
is currently subject. This act applies to any term of confinement set 24
to be completed on or after July 1, 2025, regardless of the date of 25
the underlying offense.26
NEW SECTION. Sec. 4. The department of corrections' 27
recalculations of earned release time pursuant to this act do not 28
create any expectations that the percentage of earned release time 29
will be revised before July 1, 2026, and there is no reason to 30
conclude that the maximum percentage of earned release time is an 31
entitlement or creates any liberty interest. The department of 32
corrections is authorized to take the time reasonably necessary to 33
complete the recalculations of earned release time after the 34
effective date of this section.35
Sec. 5. RCW 9.94A.728 and 2023 c 358 s 1 are each amended to 36
read as follows: 37
p. 6 HB 1239
(1) No incarcerated individual serving a sentence imposed 1
pursuant to this chapter and committed to the custody of the 2
department shall leave the confines of the correctional facility or 3
be released prior to the expiration of the sentence except as 4
follows: 5
(a) An incarcerated individual may earn early release time as 6
authorized by RCW 9.94A.729; 7
(b) An incarcerated individual may leave a correctional facility 8
pursuant to an authorized furlough or leave of absence. In addition, 9
incarcerated individuals may leave a correctional facility when in 10
the custody of a corrections officer or officers; 11
(c)(i) The secretary may authorize an extraordinary medical 12
placement for an incarcerated individual when all of the following 13
conditions exist: 14
(A) The incarcerated individual has been assessed by two 15
physicians and is determined to be one of the following:16
(I) Affected by a permanent or degenerative medical condition to 17
such a degree that the individual does not presently, and likely will 18
not in the future, pose a threat to public safety; or19
(II) In ill health and is expected to die within six months and 20
does not presently, and likely will not in the future, pose a threat 21
to public safety; 22
(B) The incarcerated individual has been assessed as low risk to 23
the community at the time of release; and 24
(C) It is expected that granting the extraordinary medical 25
placement will result in a cost savings to the state.26
(ii) An incarcerated individual sentenced to death or to life 27
imprisonment without the possibility of release or parole is not 28
eligible for an extraordinary medical placement. 29
(iii) The secretary shall require electronic monitoring for all 30
individuals in extraordinary medical placement unless the electronic 31
monitoring equipment is detrimental to the individual's health, 32
interferes with the function of the individual's medical equipment, 33
or results in the loss of funding for the individual's medical care, 34
in which case, an alternative type of monitoring shall be utilized. 35
The secretary shall specify who shall provide the monitoring services 36
and the terms under which the monitoring shall be performed.37
(iv) The secretary may revoke an extraordinary medical placement 38
under this subsection (1)(c) at any time. 39
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(v) Persistent offenders are not eligible for extraordinary 1
medical placement; 2
(d) The governor, upon recommendation from the clemency and 3
pardons board, may grant an extraordinary release for reasons of 4
serious health problems, senility, advanced age, extraordinary 5
meritorious acts, or other extraordinary circumstances;6
(e) No more than the final 12 months of the incarcerated 7
individual's term of confinement may be served in partial confinement 8
for aiding the incarcerated individual with: Finding work as part of 9
the work release program under chapter 72.65 RCW; or reestablishing 10
himself or herself in the community as part of the parenting program 11
in RCW 9.94A.6551. This is in addition to that period of earned early 12
release time that may be exchanged for partial confinement pursuant 13
to RCW 9.94A.729(((5))) (2)(d); 14
(f)(i) No more than the final five months of the incarcerated 15
individual's term of confinement may be served in partial confinement 16
as home detention as part of the graduated reentry program developed 17
by the department under RCW 9.94A.733(1)(a); 18
(ii) For eligible incarcerated individuals under RCW 19
9.94A.733(1)(b), after serving at least four months in total 20
confinement in a state correctional facility, an incarcerated 21
individual may serve no more than the final 18 months of the 22
incarcerated individual's term of confinement in partial confinement 23
as home detention as part of the graduated reentry program developed 24
by the department; 25
(iii) For eligible incarcerated individuals under RCW 26
9.94A.733(1)(c), after serving at least 13 years in total confinement 27
in a state correctional facility, an incarcerated individual may 28
serve no more than the final 18 months of the individual's sentence 29
in partial confinement in a work release or other approved graduated 30
reentry facility with up to the final six months in partial 31
confinement as home detention as part of the graduated reentry 32
program developed by the department;33
(g) The governor may pardon any incarcerated individual;34
(h) The department may release an incarcerated individual from 35
confinement any time within 10 days before a release date calculated 36
under this section; 37
(i) An incarcerated individual may leave a correctional facility 38
prior to completion of his or her sentence if the sentence has been 39
reduced as provided in RCW 9.94A.870; 40
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(j) Notwithstanding any other provisions of this section, an 1
incarcerated individual sentenced for a felony crime listed in RCW 2
9.94A.540 as subject to a mandatory minimum sentence of total 3
confinement shall not be released from total confinement before the 4
completion of the listed mandatory minimum sentence for that felony 5
crime of conviction unless allowed under RCW 9.94A.540; and6
(k) Any individual convicted of one or more crimes committed 7
prior to the individual's 18th birthday may be released from 8
confinement pursuant to RCW 9.94A.730. 9
(2) Notwithstanding any other provision of this section, an 10
incarcerated individual entitled to vacation of a conviction or the 11
recalculation of his or her offender score pursuant to State v. 12
Blake, No. 96873-0 (Feb. 25, 2021), may be released from confinement 13
pursuant to a court order if the incarcerated individual has already 14
served a period of confinement that exceeds his or her new standard 15
range. This provision does not create an independent right to release 16
from confinement prior to resentencing. 17
(3) Individuals residing in a juvenile correctional facility 18
placement pursuant to RCW 72.01.410(1)(a) are not subject to the 19
limitations in this section. 20
Sec. 6. RCW 9.94A.733 and 2023 c 405 s 1 are each amended to 21
read as follows: 22
(1)(a) Except as provided in (b) of this subsection, an offender 23
may not participate in the graduated reentry program under this 24
subsection unless he or she has served at least six months in total 25
confinement in a state correctional facility. 26
(i) An offender subject to (a) of this subsection may serve no 27
more than the final five months of the offender's term of confinement 28
in partial confinement as home detention as part of the graduated 29
reentry program developed by the department. 30
(ii) Home detention under (a) of this subsection may not be 31
imposed for individuals subject to a deportation order, civil 32
commitment, or the interstate compact for adult offender supervision 33
under RCW 9.94A.745. 34
(b) For offenders who meet the requirements of (b)(iii) of this 35
subsection, an offender may not participate in the graduated reentry 36
program unless he or she has served at least four months in total 37
confinement in a state correctional facility. 38
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(i) An offender under this subsection (1)(b) may serve no more 1
than the final 18 months of the offender's term of confinement in 2
partial confinement as home detention as part of the graduated 3
reentry program developed by the department. 4
(ii) Home detention under this subsection (1)(b) may not be 5
imposed for individuals subject to a deportation order or subject to 6
the jurisdiction of the indeterminate sentence review board.7
(iii) Home detention under this subsection (1)(b) may not be 8
imposed for offenders currently serving a term of confinement for the 9
following offenses: 10
(A) Any sex offense; 11
(B) Any violent offense; or 12
(C) Any crime against a person offense in accordance with the 13
categorization of crimes against persons outlined in RCW 14
9.94A.411(2). 15
(c) For offenders who meet the requirements of (c)(iii) of this 16
subsection, an offender may not participate in the graduated reentry 17
program unless he or she has served at least 13 years in total 18
confinement in a state correctional facility.19
(i) An offender under this subsection (1)(c) may serve no more 20
than the final 18 months of the offender's term of confinement in 21
partial confinement in a work release program or other graduated 22
reentry approved site and six months on home detention as part of the 23
graduated reentry program developed by the department.24
(ii) An offender must be serving a sentence of no less than 15 25
years.26
(iii) Work release and home detention under this subsection 27
(1)(c) may not be imposed for individuals subject to a deportation 28
order, part of the interstate compact for out-of-state releases, 29
subject to the jurisdiction of the indeterminate sentence review 30
board, or under the jurisdiction of the long-term juvenile board.31
(2) The secretary of the department may transfer an offender from 32
a department correctional facility to home detention in the community 33
if it is determined that the graduated reentry program is an 34
appropriate placement and must assist the offender's transition from 35
confinement to the community. 36
(3) The department and its officers, agents, and employees are 37
not liable for the acts of offenders participating in the graduated 38
reentry program unless the department or its officers, agents, and 39
employees acted with willful and wanton disregard.40
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(4)(a) All offenders placed on home detention as part of the 1
graduated reentry program must provide an approved residence and 2
living arrangement prior to transfer to home detention.3
(b) The department may not transfer an offender to participate in 4
the graduated reentry program until the department has conducted a 5
comprehensive assessment for substance use disorder. If the offender 6
is assessed to have a substance use disorder, the department shall 7
assist the offender in enrolling in substance use disorder treatment 8
services at the level deemed appropriate by the assessment. Offenders 9
transferred to participate in the graduated reentry program must 10
begin receiving substance use disorder treatment services as soon as 11
practicable after transfer to avoid any delays in treatment. 12
Substance use disorder treatment services shall include, as deemed 13
necessary by the assessment, access to medication-assisted treatment 14
and counseling programs. Upon transfer to the graduated reentry 15
program, when clinically appropriate, individuals must be provided 16
with access to self-administered fentanyl testing supplies and 17
medications designed to reverse the effects of opioid overdose.18
(5) While in the community on home detention as part of the 19
graduated reentry program, the department must: 20
(a) Require the offender to be placed on electronic home 21
monitoring; 22
(b) Require the offender to participate in programming and 23
treatment that the department shall assign based on an offender's 24
assessed need; and 25
(c) Assign a community corrections officer who will monitor the 26
offender's compliance with conditions of partial confinement and 27
programming requirements. 28
(6) The department retains the authority to return any offender 29
serving partial confinement in the graduated reentry program to total 30
confinement for any reason including, but not limited to, the 31
offender's noncompliance with any sentence requirement.32
(7) The department may issue rental vouchers for a period not to 33
exceed six months for those transferring to partial confinement under 34
this section if an approved address cannot be obtained without the 35
assistance of a voucher. 36
(8) In the selection of offenders to participate in the graduated 37
reentry program, and in setting, modifying, and enforcing the 38
requirements of the graduated reentry program, the department is 39
deemed to be performing a quasi-judicial function.40
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(9) The department shall publish a monthly report on its website 1
with the number of offenders who were transferred during the month to 2
home detention as part of the graduated reentry program. The 3
department shall submit an annual report by December 1st to the 4
appropriate committees of the legislature with the number of 5
offenders who were transferred to home detention as part of the 6
graduated reentry program during the prior year. 7
(10)(a) Beginning July 1, 2023, the following data must be 8
collected and posted to the department's website on a monthly basis:9
(i) The number of offenders who were transferred to the graduated 10
reentry program who were assessed to have a substance use disorder 11
during the prior calendar month; and 12
(ii) The number of offenders in the graduated reentry program who 13
received during the prior 12 months: 14
(A) Outpatient substance use disorder treatment;15
(B) Inpatient substance use disorder treatment; and16
(C) Both outpatient and inpatient substance use disorder 17
treatment. 18
(b) Beginning July 1, 2023, the health care authority must report 19
monthly to the department on the number of offenders in the graduated 20
reentry program who received substance use disorder outpatient 21
treatment, while in the community, during the prior 12 months.22
(11) The department must share data with the health care 23
authority on offenders participating in the graduated reentry 24
program. 25
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