Sentences/offenses before 21

AN ACT Relating to persons serving long sentences for offenses 1
committed prior to reaching 21 years of age; amending RCW 9.94A.510, 2
9.94A.540, 9.94A.570, 9.94A.728, 9.94A.729, 9.94A.730, and 10.95.030; 3
creating new sections; and repealing RCW 10.95.035.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 9.94A.510 and 2014 c 130 s 1 are each amended to 6
read as follows: 7
TABLE 1 8
Sentencing Grid 9
10
11
SERIOUSNESS
LEVEL

OFFENDER SCORE
12
13

0

1

2

3

4

5

6

7

8
9 or
more
14
15
16
XVI ((Life sentence without parole/death penalty for offenders at or over the age of
eighteen. For offenders under the age of eighteen, a term of twenty-five years to
life)) Sentence established by RCW 10.95.030.
17 XV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m36y 40y
18 240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
H-0440.2
HOUSE BILL 1317
State of Washington 69th Legislature 2025 Regular Session
By Representatives Hackney, Goodman, Simmons, Ormsby, Springer,
Pollet, and Doglio
Read first time 01/15/25. Referred to Committee on Community Safety.
p. 1 HB 1317
1 320 333 347 361 374 388 416 450 493 548
2 XIV 14y4m 15y4m 16y2m 17y 17y11m 18y9m 20y5m 22y2m 25y7m 29y
3 123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
4 220 234 244 254 265 275 295 316 357 397
5 XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
6 123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
7 164 178 192 205 219 233 260 288 342 397
8 XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
9 93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
10 123 136 147 160 171 184 216 236 277 318
11 XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m20y5m
12 78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
13 102 114 125 136 147 158 194 211 245 280
14 X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
15 51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
16 68 75 82 89 96 102 130 144 171 198
17 IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
18 31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
19 41 48 54 61 68 75 102 116 144 171
20 VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
21 21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
22 27 34 41 48 54 61 89 102 116 144
23 VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
24 15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
25 20 27 34 41 48 54 75 89 102 116
26 VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
27 12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
28 14 20 27 34 41 48 61 75 89 102
29 V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
30 6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
31 12 14 17 20 29 43 54 68 82 96
32 IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
p. 2 HB 1317
1 3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
2 9 12 14 17 20 29 43 57 70 84
3 III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
4 1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
5 3 8 12 12 16 22 29 43 57 68
6 II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
7 0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
8 Days 6 9 12 14 18 22 29 43 57
9 I 3m 4m 5m 8m 13m 16m 20m 2y2m
10 0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
11 Days Days 5 6 8 12 14 18 22 29
Numbers in the first horizontal row of each seriousness category 12
represent sentencing midpoints in years (y) and months(m). Numbers in 13
the second and third rows represent standard sentence ranges in 14
months, or in days if so designated. 12+ equals one year and one day.15
Sec. 2. RCW 9.94A.540 and 2014 c 130 s 2 are each amended to 16
read as follows: 17
(1) Except to the extent provided in subsection (3) of this 18
section, the following minimum terms of total confinement are 19
mandatory and shall not be varied or modified under RCW 9.94A.535:20
(a) An offender convicted of the crime of murder in the first 21
degree shall be sentenced to a term of total confinement not less 22
than ((twenty)) 20 years. 23
(b) An offender convicted of the crime of assault in the first 24
degree or assault of a child in the first degree where the offender 25
used force or means likely to result in death or intended to kill the 26
victim shall be sentenced to a term of total confinement not less 27
than five years. 28
(c) An offender convicted of the crime of rape in the first 29
degree shall be sentenced to a term of total confinement not less 30
than five years. 31
(d) An offender convicted of the crime of sexually violent 32
predator escape shall be sentenced to a minimum term of total 33
confinement not less than ((sixty)) 60 months. 34
(e) An offender convicted of the crime of aggravated first degree 35
murder for a murder that was committed prior to the offender's 36
p. 3 HB 1317
((eighteenth)) 21st birthday shall be sentenced to a term of total 1
confinement ((not less than twenty-five years )) that is consistent 2
with RCW 10.95.030. 3
(2) During such minimum terms of total confinement, no offender 4
subject to the provisions of this section is eligible for community 5
custody, earned release time, furlough, home detention, partial 6
confinement, work crew, work release, or any other form of early 7
release authorized under RCW 9.94A.728, or any other form of 8
authorized leave of absence from the correctional facility while not 9
in the direct custody of a corrections officer. The provisions of 10
this subsection shall not apply: (a) In the case of an offender in 11
need of emergency medical treatment; (b) for the purpose of 12
commitment to an inpatient treatment facility in the case of an 13
offender convicted of the crime of rape in the first degree; ((or)) 14
(c) for an extraordinary medical placement when authorized under RCW 15
9.94A.728(((3))) (1)(c); or (d) for release approved by the board 16
under RCW 9.94A.730. 17
(3)(a) Subsection (1)(a) through (d) of this section shall not be 18
applied in sentencing of juveniles tried as adults pursuant to RCW 19
13.04.030(1)(e)(i). 20
(b) This subsection (3) applies only to crimes committed on or 21
after July 24, 2005. 22
Sec. 3. RCW 9.94A.570 and 2000 c 28 s 6 are each amended to read 23
as follows: 24
(1) Notwithstanding the statutory maximum sentence or any other 25
provision of this chapter, a persistent offender shall be sentenced 26
to a term of total confinement for life without the possibility of 27
release ((or, when authorized by RCW 10.95.030 for the crime of 28
aggravated murder in the first degree, sentenced to death. In 29
addition, no offender subject to this section may be)).30
(2) A persistent offender is not eligible for community custody, 31
earned release time, furlough, home detention, partial confinement, 32
work crew, work release, or any other form of release as defined 33
under RCW 9.94A.728(1)((, (2), (3), (4), (6), (8), or (9),)) (b), 34
(c), (e), (h), and (i) or any other form of authorized leave from a 35
correctional facility while not in the direct custody of a 36
corrections officer or officers, except: (((1))) (a) In the case of 37
an offender in need of emergency medical treatment; or (((2))) (b) 38
for the purpose of commitment to an inpatient treatment facility in 39
p. 4 HB 1317
the case of an offender convicted of the crime of rape in the first 1
degree. 2
(3) A persistent offender may be released from confinement by the 3
board under RCW 9.94A.730 or 10.95.030(2).4
Sec. 4. RCW 9.94A.728 and 2023 c 358 s 1 are each amended to 5
read as follows: 6
(1) No incarcerated individual serving a sentence imposed 7
pursuant to this chapter and committed to the custody of the 8
department shall leave the confines of the correctional facility or 9
be released prior to the expiration of the sentence except as 10
follows: 11
(a) An incarcerated individual may earn early release time as 12
authorized by RCW 9.94A.729; 13
(b) An incarcerated individual may leave a correctional facility 14
pursuant to an authorized furlough or leave of absence. In addition, 15
incarcerated individuals may leave a correctional facility when in 16
the custody of a corrections officer or officers; 17
(c)(i) The secretary may authorize an extraordinary medical 18
placement for an incarcerated individual when all of the following 19
conditions exist: 20
(A) The incarcerated individual has been assessed by two 21
physicians and is determined to be one of the following:22
(I) Affected by a permanent or degenerative medical condition to 23
such a degree that the individual does not presently, and likely will 24
not in the future, pose a threat to public safety; or25
(II) In ill health and is expected to die within six months and 26
does not presently, and likely will not in the future, pose a threat 27
to public safety; 28
(B) The incarcerated individual has been assessed as low risk to 29
the community at the time of release; and 30
(C) It is expected that granting the extraordinary medical 31
placement will result in a cost savings to the state.32
(ii) An incarcerated individual sentenced to death or to life 33
imprisonment without the possibility of release or parole is not 34
eligible for an extraordinary medical placement. 35
(iii) The secretary shall require electronic monitoring for all 36
individuals in extraordinary medical placement unless the electronic 37
monitoring equipment is detrimental to the individual's health, 38
interferes with the function of the individual's medical equipment, 39
p. 5 HB 1317
or results in the loss of funding for the individual's medical care, 1
in which case, an alternative type of monitoring shall be utilized. 2
The secretary shall specify who shall provide the monitoring services 3
and the terms under which the monitoring shall be performed.4
(iv) The secretary may revoke an extraordinary medical placement 5
under this subsection (1)(c) at any time. 6
(v) Persistent offenders are not eligible for extraordinary 7
medical placement; 8
(d) The governor, upon recommendation from the clemency and 9
pardons board, may grant an extraordinary release for reasons of 10
serious health problems, senility, advanced age, extraordinary 11
meritorious acts, or other extraordinary circumstances;12
(e) No more than the final 12 months of the incarcerated 13
individual's term of confinement may be served in partial confinement 14
for aiding the incarcerated individual with: Finding work as part of 15
the work release program under chapter 72.65 RCW; or reestablishing 16
himself or herself in the community as part of the parenting program 17
in RCW 9.94A.6551. This is in addition to that period of earned early 18
release time that may be exchanged for partial confinement pursuant 19
to RCW 9.94A.729(5)(d); 20
(f)(i) No more than the final five months of the incarcerated 21
individual's term of confinement may be served in partial confinement 22
as home detention as part of the graduated reentry program developed 23
by the department under RCW 9.94A.733(1)(a); 24
(ii) For eligible incarcerated individuals under RCW 25
9.94A.733(1)(b), after serving at least four months in total 26
confinement in a state correctional facility, an incarcerated 27
individual may serve no more than the final 18 months of the 28
incarcerated individual's term of confinement in partial confinement 29
as home detention as part of the graduated reentry program developed 30
by the department; 31
(g) The governor may pardon any incarcerated individual;32
(h) The department may release an incarcerated individual from 33
confinement any time within 10 days before a release date calculated 34
under this section; 35
(i) An incarcerated individual may leave a correctional facility 36
prior to completion of his or her sentence if the sentence has been 37
reduced as provided in RCW 9.94A.870; 38
(j) Notwithstanding any other provisions of this section, an 39
incarcerated individual sentenced for a felony crime listed in RCW 40
p. 6 HB 1317
9.94A.540 as subject to a mandatory minimum sentence of total 1
confinement shall not be released from total confinement before the 2
completion of the listed mandatory minimum sentence for that felony 3
crime of conviction unless allowed under RCW 9.94A.540; and4
(k) Any individual convicted of one or more crimes committed 5
prior to the individual's ((18th)) 21st birthday may be released from 6
confinement pursuant to RCW 9.94A.730 and 10.95.030(2).7
(2) Notwithstanding any other provision of this section, an 8
incarcerated individual entitled to vacation of a conviction or the 9
recalculation of his or her offender score pursuant to State v. 10
Blake, No. 96873-0 (Feb. 25, 2021), may be released from confinement 11
pursuant to a court order if the incarcerated individual has already 12
served a period of confinement that exceeds his or her new standard 13
range. This provision does not create an independent right to release 14
from confinement prior to resentencing. 15
(3) Individuals residing in a juvenile correctional facility 16
placement pursuant to RCW 72.01.410(1)(a) are not subject to the 17
limitations in this section. 18
Sec. 5. RCW 9.94A.729 and 2022 c 29 s 1 are each amended to read 19
as follows: 20
(1)(a) The term of the sentence of an offender committed to a 21
correctional facility operated by the department may be reduced by 22
earned release time in accordance with procedures that shall be 23
developed and adopted by the correctional agency having jurisdiction 24
in which the offender is confined. The earned release time shall be 25
for good behavior and good performance, as determined by the 26
correctional agency having jurisdiction. The correctional agency 27
shall not credit the offender with earned release credits in advance 28
of the offender actually earning the credits. 29
(b) Any program established pursuant to this section shall allow 30
an offender to earn early release credits for presentence 31
incarceration. If an offender is transferred from a county jail to 32
the department, the administrator of a county jail facility shall 33
certify to the department the amount of time spent in custody at the 34
facility and the number of days of early release credits lost or not 35
earned. The department may approve a jail certification from a 36
correctional agency that calculates early release time based on the 37
actual amount of confinement time served by the offender before 38
sentencing when an erroneous calculation of confinement time served 39
p. 7 HB 1317
by the offender before sentencing appears on the judgment and 1
sentence. The department must adjust an offender's rate of early 2
release listed on the jail certification to be consistent with the 3
rate applicable to offenders in the department's facilities. However, 4
the department is not authorized to adjust the number of presentence 5
early release days that the jail has certified as lost or not earned.6
(2)(a) An offender who has been convicted of a felony committed 7
after July 23, 1995, that involves any applicable deadly weapon 8
enhancements under RCW 9.94A.533 (3) or (4), or both, shall not 9
receive any good time credits or earned release time for that portion 10
of his or her sentence that results from any deadly weapon 11
enhancements. 12
(b) An offender whose sentence includes any impaired driving 13
enhancements under RCW 9.94A.533(7), minor child enhancements under 14
RCW 9.94A.533(13), or both, shall not receive any good time credits 15
or earned release time for any portion of his or her sentence that 16
results from those enhancements. 17
(3) An offender may earn early release time as follows:18
(a) In the case of an offender sentenced pursuant to RCW 19
10.95.030(((3) or 10.95.035)) (2), the offender may not receive any 20
earned early release time during the minimum term of confinement 21
imposed by the court; for any remaining portion of the sentence 22
served by the offender, the aggregate earned release time may not 23
exceed 10 percent of the sentence. 24
(b) In the case of an offender convicted of a serious violent 25
offense, or a sex offense that is a class A felony, committed on or 26
after July 1, 1990, and before July 1, 2003, the aggregate earned 27
release time may not exceed 15 percent of the sentence.28
(c) In the case of an offender convicted of a serious violent 29
offense, or a sex offense that is a class A felony, committed on or 30
after July 1, 2003, the aggregate earned release time may not exceed 31
10 percent of the sentence. 32
(d) An offender is qualified to earn up to 50 percent of 33
aggregate earned release time if he or she: 34
(i) Is not classified as an offender who is at a high risk to 35
reoffend as provided in subsection (4) of this section;36
(ii) Is not confined pursuant to a sentence for:37
(A) A sex offense; 38
(B) A violent offense; 39
(C) A crime against persons as defined in RCW 9.94A.411;40
p. 8 HB 1317
(D) A felony that is domestic violence as defined in RCW 1
10.99.020; 2
(E) A violation of RCW 9A.52.025 (residential burglary);3
(F) A violation of, or an attempt, solicitation, or conspiracy to 4
violate, RCW 69.50.401 by manufacture or delivery or possession with 5
intent to deliver methamphetamine; or 6
(G) A violation of, or an attempt, solicitation, or conspiracy to 7
violate, RCW 69.50.406 (delivery of a controlled substance to a 8
minor); 9
(iii) Has no prior conviction for the offenses listed in (d)(ii) 10
of this subsection; 11
(iv) Participates in programming or activities as directed by the 12
offender's individual reentry plan as provided under RCW 72.09.270 to 13
the extent that such programming or activities are made available by 14
the department; and 15
(v) Has not committed a new felony after July 22, 2007, while 16
under community custody. 17
(e) In no other case shall the aggregate earned release time 18
exceed one-third of the total sentence. 19
(4) The department shall perform a risk assessment of each 20
offender who may qualify for earned early release under subsection 21
(3)(d) of this section utilizing the risk assessment tool recommended 22
by the Washington state institute for public policy. Subsection 23
(3)(d) of this section does not apply to offenders convicted after 24
July 1, 2010. 25
(5)(a) A person who is eligible for earned early release as 26
provided in this section and who will be supervised by the department 27
pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to 28
community custody in lieu of earned release time; 29
(b) The department shall, as a part of its program for release to 30
the community in lieu of earned release, require the offender to 31
propose a release plan that includes an approved residence and living 32
arrangement. All offenders with community custody terms eligible for 33
release to community custody in lieu of earned release shall provide 34
an approved residence and living arrangement prior to release to the 35
community; 36
(c) The department may deny transfer to community custody in lieu 37
of earned release time if the department determines an offender's 38
release plan, including proposed residence location and living 39
arrangements, may violate the conditions of the sentence or 40
p. 9 HB 1317
conditions of supervision, place the offender at risk to violate the 1
conditions of the sentence, place the offender at risk to reoffend, 2
or present a risk to victim safety or community safety. The 3
department's authority under this section is independent of any 4
court-ordered condition of sentence or statutory provision regarding 5
conditions for community custody; 6
(d) If the department is unable to approve the offender's release 7
plan, the department may do one or more of the following:8
(i) Transfer an offender to partial confinement in lieu of earned 9
early release for a period not to exceed three months. The three 10
months in partial confinement is in addition to that portion of the 11
offender's term of confinement that may be served in partial 12
confinement as provided in RCW 9.94A.728(1)(e); 13
(ii) Provide rental vouchers to the offender for a period not to 14
exceed six months if rental assistance will result in an approved 15
release plan. 16
A voucher must be provided in conjunction with additional 17
transition support programming or services that enable an offender to 18
participate in services including, but not limited to, substance 19
abuse treatment, mental health treatment, sex offender treatment, 20
educational programming, or employment programming;21
(e) The department shall maintain a list of housing providers 22
that meets the requirements of RCW 72.09.285. If more than two 23
voucher recipients will be residing per dwelling unit, as defined in 24
RCW 59.18.030, rental vouchers for those recipients may only be paid 25
to a housing provider on the department's list; 26
(f) For each offender who is the recipient of a rental voucher, 27
the department shall gather data as recommended by the Washington 28
state institute for public policy in order to best demonstrate 29
whether rental vouchers are effective in reducing recidivism.30
(6) An offender serving a term of confinement imposed under RCW 31
9.94A.670(5)(a) is not eligible for earned release credits under this 32
section. 33
Sec. 6. RCW 9.94A.730 and 2024 c 118 s 4 are each amended to 34
read as follows: 35
(1)(a) Notwithstanding any other provision of this chapter, any 36
person convicted of one or more crimes committed prior to the 37
person's ((18th)) 21st birthday may petition the indeterminate 38
sentence review board for early release after serving no less than 39
p. 10 HB 1317
((20)) 15 years of total confinement, provided the person has not 1
been convicted for any crime committed subsequent to the person's 2
((18th)) 21st birthday, the person has not committed a disqualifying 3
serious infraction as defined by the department in the 12 months 4
prior to filing the petition for early release, and the current 5
sentence was not imposed under RCW 10.95.030 ((or)), 9.94A.507, or 6
9.94A.540(1)(a). 7
(b) Notwithstanding any other provision of law, any person 8
convicted of the crime of murder in the first degree committed prior 9
to the person's 21st birthday may petition the indeterminate sentence 10
review board for early release after serving no less than 20 years of 11
total confinement, provided the person has not been convicted for any 12
crime committed subsequent to the person's 21st birthday, the person 13
has not committed a disqualifying serious infraction as defined by 14
the department of corrections in the 12 months prior to filing the 15
petition for early release, and the current sentence was not imposed 16
under RCW 9.94A.507.17
(c) Notwithstanding any other provision of law, any person 18
convicted of the crime of aggravated first degree murder committed 19
prior to the person's 21st birthday may petition the indeterminate 20
sentence review board for early release after serving no less than 25 21
years of total confinement, provided the person has not been 22
convicted for any crime committed subsequent to the person's 21st 23
birthday, the person has not committed a disqualifying serious 24
infraction as defined by the department of corrections in the 12 25
months prior to filing the petition for early release, and the 26
current sentence was not imposed under RCW 9.94A.507.27
(2) No later than five years prior to the date the offender will 28
be eligible to petition for release, the department shall conduct an 29
assessment of the offender and identify programming and services that 30
would be appropriate to prepare the offender for return to the 31
community. To the extent possible, the department shall make 32
programming available as identified by the assessment.33
(3) No later than 180 days from receipt of the petition for early 34
release, the department shall conduct, and the offender shall 35
participate in, an examination of the person, incorporating 36
methodologies that are recognized by experts in the prediction of 37
dangerousness, and including a prediction of the probability that the 38
person will engage in future criminal behavior if released on 39
conditions to be set by the board. The board may consider a person's 40
p. 11 HB 1317
failure to participate in an evaluation under this subsection in 1
determining whether to release the person. The board shall order the 2
person released under such affirmative and other conditions as the 3
board determines appropriate, unless the board determines by a 4
preponderance of the evidence that, despite such conditions, it is 5
more likely than not that the person will commit new criminal law 6
violations if released. The board shall give public safety 7
considerations the highest priority when making all discretionary 8
decisions regarding the ability for release and conditions of 9
release. 10
(4) In a hearing conducted under subsection (3) of this section, 11
the board shall provide opportunities for victims and survivors of 12
victims of any crimes for which the offender has been convicted to 13
present statements as set forth in RCW 7.69.032. The procedures for 14
victim and survivor of victim input shall be provided by rule. To 15
facilitate victim and survivor of victim involvement, county 16
prosecutor's offices shall ensure that any victim impact statements 17
and known contact information for victims of record and survivors of 18
victims are forwarded as part of the judgment and sentence.19
(5) Any person released by the board pursuant to this section 20
shall comply with conditions imposed or modified pursuant to RCW 21
9.94A.704(10), in addition to court-imposed conditions.22
(6) An offender released by the board is subject to the 23
supervision of the department for a period of time to be determined 24
by the board, up to the length of the court-imposed term of 25
incarceration. The department shall monitor the offender's compliance 26
with conditions of community custody imposed by the court or board 27
and promptly report any violations to the board. Any violation of 28
conditions of community custody established or modified by the board 29
are subject to the provisions of RCW 9.95.425 through 9.95.440.30
(7) An offender whose petition for release is denied may file a 31
new petition for release five years from the date of denial or at an 32
earlier date as may be set by the board. 33
(8) An offender released under the provisions of this section may 34
be returned to the institution at the discretion of the board if the 35
offender is found to have violated a condition of community custody. 36
The offender is entitled to a hearing pursuant to RCW 9.95.435. If 37
the board finds that the offender has committed a new violation, the 38
board may return the offender to the institution for up to the 39
remainder of the court-imposed term of incarceration. The offender 40
p. 12 HB 1317
may file a new petition for release five years from the date of 1
return to the institution or at an earlier date as may be set by the 2
board. 3
Sec. 7. RCW 10.95.030 and 2024 c 118 s 7 are each amended to 4
read as follows: 5
(1) Except as provided in subsection (2) of this section, any 6
person convicted of the crime of aggravated first degree murder shall 7
be sentenced to life imprisonment without possibility of release or 8
parole. A person sentenced to life imprisonment under this section 9
shall not have that sentence suspended, deferred, or commuted by any 10
judicial officer and the indeterminate sentence review board or its 11
successor may not parole such prisoner nor reduce the period of 12
confinement in any manner whatsoever including but not limited to any 13
sort of good time calculation. The department of social and health 14
services or its successor or any executive official may not permit 15
such prisoner to participate in any sort of release or furlough 16
program. 17
(2)(a)(i) Any person convicted of the crime of aggravated first 18
degree murder for an offense committed prior to the person's 16th 19
birthday shall be sentenced to a maximum term of life imprisonment 20
and a minimum term of total confinement of 25 years.21
(ii) Any person convicted of the crime of aggravated first degree 22
murder for an offense committed when the person is at least 16 years 23
old but less than 18 years old shall be sentenced to a maximum term 24
of life imprisonment and a minimum term of total confinement of no 25
less than 25 years. 26
(iii) Any person convicted of the crime of aggravated first 27
degree murder for an offense committed when the person is at least 18 28
years old but less than 21 years old shall be sentenced to a maximum 29
term of life imprisonment and a minimum term of total confinement of 30
no less than 25 years if the court determines that the mitigating 31
factors that account for the diminished culpability of youth, as 32
described in (b) of this subsection, apply to the current offense.33
(b) In setting a minimum term, the court must take into account 34
mitigating factors that account for the diminished culpability of 35
youth as provided in Miller v. Alabama , 132 S.Ct. 2455 (2012) 36
including, but not limited to, the age of the individual, the youth's 37
childhood and life experience, the degree of responsibility the youth 38
p. 13 HB 1317
was capable of exercising, and the youth's chances of becoming 1
rehabilitated. 2
(c) Notwithstanding any other provision of law, any person 3
convicted of one or more crimes committed prior to the person's 21st 4
birthday may petition the indeterminate sentence review board for 5
early release after serving no less than 25 years of total 6
confinement, provided the person has not been convicted for any crime 7
committed subsequent to the person's 21st birthday, the person has 8
not committed a disqualifying serious infraction as defined by the 9
department of corrections in the 12 months prior to filing the 10
petition for early release, and the current sentence was not imposed 11
under RCW 9.94A.507.12
(d) A person sentenced under this subsection shall serve the 13
sentence in a facility or institution operated, or utilized under 14
contract, by the state. During the minimum term of total confinement, 15
the person shall not be eligible for community custody, earned 16
release time, furlough, home detention, partial confinement, work 17
crew, work release, or any other form of early release authorized 18
under RCW 9.94A.728, or any other form of authorized leave or absence 19
from the correctional facility while not in the direct custody of a 20
corrections officer. The provisions of this subsection shall not 21
apply: (i) In the case of an offender in need of emergency medical 22
treatment; or (ii) for an extraordinary medical placement when 23
authorized under RCW 9.94A.728(1)(c). 24
(((d))) (e) Any person sentenced pursuant to this subsection 25
shall be subject to community custody under the supervision of the 26
department of corrections and the authority of the indeterminate 27
sentence review board. As part of any sentence under this subsection, 28
the court shall require the person to comply with any conditions 29
imposed by the board. 30
(((e))) (f) Any person sentenced pursuant to this subsection 31
shall comply with conditions imposed or modified pursuant to RCW 32
9.94A.704(10), in addition to court-imposed conditions.33
(((f) No later than five years prior to the expiration of the 34
person's minimum term, the department of corrections shall conduct an 35
assessment of the offender and identify programming and services that 36
would be appropriate to prepare the offender for return to the 37
community. To the extent possible, the department shall make 38
programming available as identified by the assessment.39
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(g) No later than 180 days prior to the expiration of the 1
person's minimum term, the department of corrections shall conduct, 2
and the offender shall participate in, an examination of the person, 3
incorporating methodologies that are recognized by experts in the 4
prediction of dangerousness, and including a prediction of the 5
probability that the person will engage in future criminal behavior 6
if released on conditions to be set by the board. The board may 7
consider a person's failure to participate in an evaluation under 8
this subsection in determining whether to release the person. The 9
board shall order the person released, under such affirmative and 10
other conditions as the board determines appropriate, unless the 11
board determines by a preponderance of the evidence that, despite 12
such conditions, it is more likely than not that the person will 13
commit new criminal law violations if released. If the board does not 14
order the person released, the board shall set a new minimum term not 15
to exceed five additional years. The board shall give public safety 16
considerations the highest priority when making all discretionary 17
decisions regarding the ability for release and conditions of 18
release.19
(h) In a hearing conducted under (g) of this subsection, the 20
board shall provide opportunities for victims and survivors of 21
victims of any crimes for which the offender has been convicted to 22
present statements as set forth in RCW 7.69.032. The procedures for 23
victim and survivor of victim input shall be provided by rule. To 24
facilitate victim and survivor of victim involvement, county 25
prosecutor's offices shall ensure that any victim impact statements 26
and known contact information for victims of record and survivors of 27
victims are forwarded as part of the judgment and sentence.28
(i) An offender released by the board is subject to the 29
supervision of the department of corrections for a period of time to 30
be determined by the board. The department shall monitor the 31
offender's compliance with conditions of community custody imposed by 32
the court or board and promptly report any violations to the board. 33
Any violation of conditions of community custody established or 34
modified by the board are subject to the provisions of RCW 9.95.425 35
through 9.95.440.36
(j) An offender released or discharged under this section may be 37
returned to the institution at the discretion of the board if the 38
offender is found to have violated a condition of community custody. 39
The offender is entitled to a hearing pursuant to RCW 9.95.435. The 40
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board shall set a new minimum term of incarceration not to exceed 1
five years)) (g) Petitions for early release shall be subject to the 2
provisions of RCW 9.94A.730 (2) through (8). 3
NEW SECTION. Sec. 8. RCW 10.95.035 (Return of persons to 4
sentencing court if sentenced prior to June 1, 2014, under this 5
chapter or any prior law, for a term of life without the possibility 6
of parole for an offense committed prior to 18th birthday) and 2023 c 7
102 s 22, 2015 c 134 s 7, & 2014 c 130 s 11 are each repealed.8
NEW SECTION. Sec. 9. Sections 2 (2), 3, 4, 6, and 7 (2)(c) of 9
this act apply retroactively to persons incarcerated on the effective 10
date of this section, regardless of the date of the offense or 11
conviction.12
NEW SECTION. Sec. 10. This act does not create any right or 13
entitlement to release from incarceration before the end of a term of 14
incarceration imposed by the court.15
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