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HB1274 • 2026
Concerning retroactively applying the requirement to exclude certain juvenile convictions from an offender score regardless of the date of the offense.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Juvenile convictions/score
These notes stay tied to the official amendment files and metadata from the legislature.
643 • Corry
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644 • Walsh
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645 • Couture
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646 • Volz
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647 • Griffey
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648 • Griffey
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649 • Burnett
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650 • Graham
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651 • Burnett
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652 • Graham
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653 • Griffey
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654 • Abbarno
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Referred to Appropriations.
Juvenile convictions/score
AN ACT Relating to retroactively applying the requirement to 1 exclude certain juvenile convictions from an offender score 2 regardless of the date of the offense; adding a new section to 3 chapter 9.94A RCW; and creating a new section. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5 NEW SECTION. Sec. 1. (1) The legislature finds that, with the 6 support of eight Washington tribal governments and indigenous 7 organizations along with a broad array of other advocates, the 8 legislature passed Engrossed House Bill No. 1324 in 2023 to end the 9 practice of assigning "juvenile points" to lengthen state prison 10 sentences. The legislature finds that black, indigenous, and people 11 of color are disproportionately impacted by prior juvenile felony 12 adjudications. The legislature recognizes that the 57 tribes of the 13 affiliated tribes of northwest Indians have adopted a resolution 14 urging the legislature to retroactively end the practice of assigning 15 "juvenile points" to lengthen state prison sentences. Additionally, 16 in 2024, an intertribal coalition of 23 tribal governments and 17 indigenous organizations wrote the legislature to support ending this 18 practice retroactively.19 (2) The legislature acknowledges that historical, 20 intergenerational trauma caused by the mass incarceration of 21 H-0470.1 HOUSE BILL 1274 State of Washington 69th Legislature 2025 Regular Session By Representatives Stearns, Hackney, Doglio, Ramel, Reed, Ormsby, Parshley, Pollet, Macri, Simmons, and Hill Read first time 01/14/25. Referred to Committee on Community Safety. p. 1 HB 1274 indigenous children and juveniles through Indian boarding schools, 1 where they endured physical and sexual violence, emotional abuse, and 2 the separation and division of indigenous families, continues to 3 deeply affect indigenous people today. 4 (3) The legislature further finds that the grave racial 5 disproportionality within the juvenile legal system has the 6 downstream effect of impacting sentencing ranges in adult court. The 7 legislature recognizes that because of the expansive body of 8 scientific research on brain development, which shows that 9 adolescents' perception, judgment, and decision making differs 10 significantly from that of adults, and based on the need to redress 11 the harms of the past, it is sound public policy to make the changes 12 enacted in Engrossed House Bill No. 1324 retroactive.13 NEW SECTION. Sec. 2. A new section is added to chapter 9.94A 14 RCW to read as follows: 15 (1) Any person sentenced for an offense committed prior to July 16 23, 2023, whose offender score was increased due to any juvenile 17 adjudications that are not scorable under RCW 9.94A.525 as enacted at 18 the time a petition is filed under this section, shall be entitled to 19 a resentencing hearing upon the person's petition for relief from 20 sentence to the original sentencing court if: 21 (a) The person is currently incarcerated in total confinement 22 with a release date on the sentence of July 1, 2026, or later;23 (b) Until July 1, 2027, the person: 24 (i) Has served at least 50 percent of their sentence; or25 (ii) Has served at least 15 years of their sentence;26 (c) After July 1, 2027, the person: 27 (i) Has served at least 25 percent of their sentence; or28 (ii) Has served 10 years or more of their sentence;29 (d) After July 1, 2028, the person: 30 (i) Has served at least 10 percent of their sentence; or31 (ii) Has served at least five years of their sentence;32 (e) After July 1, 2029, the person has served any amount of time 33 on their sentence. 34 (2) The sentencing court shall grant the petition if it finds 35 that the person meets the criteria under subsection (1) of this 36 section and, subject to (c) of this subsection, the court shall 37 immediately set an expedited date for the resentencing hearing. There 38 p. 2 HB 1274 is a rebuttable presumption that the petitioner is entitled to be 1 resentenced by the court. 2 (a) The court may deny a petition for resentencing only if:3 (i) The petitioner has a significant disciplinary record of 4 serious infractions while incarcerated, including the following 5 infractions identified in department of corrections policy DOC 6 460.050: 501, 502, 507, 511, 521, 550, 601, 602, 603, 604, 611, 613, 7 635, 637, 650, 830, 831, 882, 633, 704, 711. A petitioner's 8 significant disciplinary record may be overcome by a two-year period 9 free from serious violations that precedes the petition;10 (ii) The petitioner has an insignificant record of rehabilitation 11 and programming while incarcerated; 12 (iii) The court determines by a preponderance of the evidence 13 that it is more likely than not that the person will commit new 14 felony criminal law violations if resentenced. In making this 15 determination the court shall consider evidence presented regarding 16 the likelihood of the victim or surviving victims being revictimized.17 (b) If the court grants a petitioner's petition for resentencing, 18 at the resentencing hearing the court shall sentence the offender as 19 if any juvenile adjudications that are not scorable under RCW 20 9.94A.525 as enacted at the time the petition was filed were not part 21 of the offender score at the time the original sentence was imposed. 22 Notwithstanding the foregoing, the soonest allowable release date 23 from total confinement for an individual resentenced under this 24 section may be no sooner than six months after the date of the 25 individual's resentencing hearing. 26 (c) A court may not schedule a resentencing hearing under this 27 section before January 1, 2026. 28 (3) If the court denies a petition under subsection (2)(a) of 29 this section, the petitioner may, upon a showing of a change in 30 circumstances, file a new petition no earlier than three years after 31 the date the court denied the previous petition or declined to modify 32 the petitioner's sentence, unless the court authorizes the petitioner 33 to file a new petition at an earlier date. If the court denies the 34 petition, the court shall state the basis for its decision on the 35 record. The petitioner may appeal the denial of a petition or an 36 order entered pursuant to a resentencing hearing, provided, however, 37 that denying a petition filed pursuant to this section shall not 38 reopen the petitioner's conviction or sentence to any other 39 challenges that would otherwise be barred. 40 p. 3 HB 1274 (4) When an individual who has been resentenced under this 1 section is within six months of their expected release date from 2 total confinement, the department of corrections will consider the 3 individual reentry plan that has already been created under RCW 4 72.09.270 and is already periodically reviewed and updated under RCW 5 72.09.270. 6 (5) Subject to the availability of amounts appropriated for this 7 specific purpose, any incarcerated individual who is eligible to file 8 a petition under this section and unable to afford counsel is 9 entitled to have counsel appointed, at no cost to the individual, to 10 represent the individual for the petition and proceedings under this 11 section, unless the individual expressly waives the right to counsel 12 after being fully advised of this right by the court. The right to 13 appointed counsel under this subsection does not establish a right to 14 appointed counsel for any appeal or second or subsequent petition 15 under this act. 16 (6) The legislature recognizes the rights that victims, survivors 17 of victims, and witnesses of crimes have when incarcerated people are 18 considered for resentencing based on a change in the law. Therefore, 19 it is the intent of the legislature to ensure that victims, survivors 20 of victims, and witnesses of crimes are afforded the opportunity to 21 make a statement that will be considered during a hearing granted 22 under this act. Prior to and during a resentencing hearing granted 23 under this act, victims, survivors of victims, and witnesses of the 24 crime for which the person is currently incarcerated have the 25 following rights: 26 (a) To be informed by the prosecuting attorney of the date, time, 27 and place of the resentencing hearing; 28 (b) To present a statement in person or by representation, via 29 audiotape, videotape, or other electronic means, or in writing during 30 the resentencing hearing; and 31 (c) All other rights afforded to victims and survivors of crime 32 under the state Constitution and the Revised Code of Washington.33 (7) The court may consider the impact of the petitioner's release 34 on victims or survivors of the crime for which the petitioner is 35 presently incarcerated, with special consideration given to the 36 impact of release on any victims of sex offenses or domestic violence 37 offenses. 38 p. 4 HB 1274 (8) The office of crime victims advocacy shall contract with the 1 prosecuting attorneys' offices to offer victim advocacy services for 2 victims impacted by this act. The victim services must include:3 (a) Legal advocacy to understand the resentencing process and how 4 to exercise their rights; 5 (b) Safety planning; 6 (c) Options to participate in a restorative justice program with 7 the petitioner; and 8 (d) Case management to address needs that may arise as a result 9 of resentencing. 10 (9) The office of crime victims advocacy must establish a 11 flexible fund to support victims and survivors of victims impacted by 12 this act. The office may contract for administration of this fund. 13 Uses of the fund may include, but are not limited to:14 (a) Relocation assistance related to a change in safety planning 15 associated with resentencing; 16 (b) Traveling to and from court for resentencing hearings; and17 (c) Out-of-pocket expenses for psychotherapy associated with the 18 committed offense and the potential resentencing. 19 (10) The office of crime victims advocacy shall contract with an 20 entity with expertise in victim services to provide training for 21 victim advocates embedded within prosecuting attorneys' offices 22 regarding safety planning and other case management services that 23 victims impacted by this act may require. 24 (11) Any person sentenced on or after the effective date of this 25 section, for an offense committed prior to July 23, 2023, whose 26 offender score would be increased due to any juvenile adjudications 27 that are not scorable under RCW 9.94A.525 at the time of sentencing 28 shall have their offender score calculated based on RCW 9.94A.525 as 29 enacted at the time of sentencing. 30 (12) This section applies retroactively to persons incarcerated 31 on the effective date of this section, regardless of the date of the 32 offense or conviction. 33 --- END --- p. 5 HB 1274