Prison riot offenses

AN ACT Relating to prison riot offenses; amending RCW 9.94.049 1
and 9.94A.640; adding a new section to chapter 9.94A RCW; adding a 2
new section to chapter 13.40 RCW; and creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 9.94.049 and 2021 c 243 s 5 are each amended to read 5
as follows: 6
(1)(a) For the purposes of this chapter, except for RCW 9.94.010, 7
the term "correctional institution" means any place designated by law 8
for the keeping of persons held in custody under process of law, or 9
under lawful arrest, including state prisons, county and local jails, 10
juvenile detention centers, and other facilities operated by the 11
department of corrections, department of children, youth, and 12
families, or local governmental units primarily for the purposes of 13
punishment, correction, or rehabilitation following conviction or 14
adjudication of a criminal offense. 15
(b) For the purposes of RCW 9.94.010, the term "correctional 16
institution" means any place designated by law for the keeping of 17
persons held in custody under process of law, or under lawful arrest, 18
including state prisons, county and local jails, juvenile detention 19
centers, and other facilities operated by the department of 20
corrections, or local governmental units primarily for the purposes 21
H-0319.3
HOUSE BILL 1815
State of Washington 69th Legislature 2025 Regular Session
By Representatives Peterson, Cortes, and Goodman
Read first time 02/04/25. Referred to Committee on Early Learning &
Human Services.
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of punishment, correction, or rehabilitation following conviction or 1
adjudication of a criminal offense. For the purposes of RCW 9.94.010, 2
the term "correctional institution" does not include facilities 3
operated by the department of children, youth, and families.4
(2) For the purposes of RCW 9.94.043 and 9.94.045, "state 5
correctional institution" means all state correctional facilities 6
under the supervision of the secretary of the department of 7
corrections used solely for the purpose of confinement of convicted 8
felons. 9
Sec. 2. RCW 9.94A.640 and 2021 c 237 s 2 are each amended to 10
read as follows: 11
(1) ((Every)) Except as provided in subsection (5) of this 12
section, every offender who has been discharged under RCW 9.94A.637 13
may apply to the sentencing court for a vacation of the offender's 14
record of conviction. If the court finds the offender meets the tests 15
prescribed in subsection (2) of this section, the court may clear the 16
record of conviction by: (a) Permitting the offender to withdraw the 17
offender's plea of guilty and to enter a plea of not guilty; or (b) 18
if the offender has been convicted after a plea of not guilty, by the 19
court setting aside the verdict of guilty; and (c) by the court 20
dismissing the information or indictment against the offender.21
(2) An offender may not have the record of conviction cleared if:22
(a) There are any criminal charges against the offender pending 23
in any court of this state or another state, or in any federal court;24
(b) The offense was a violent offense as defined in RCW 9.94A.030 25
or crime against persons as defined in RCW 43.43.830, except the 26
following offenses may be vacated if the conviction did not include a 27
firearm, deadly weapon, or sexual motivation enhancement: (i) Assault 28
in the second degree under RCW 9A.36.021; (ii) assault in the third 29
degree under RCW 9A.36.031 when not committed against a law 30
enforcement officer or peace officer; and (iii) robbery in the second 31
degree under RCW 9A.56.210; 32
(c) The offense is a class B felony and the offender has been 33
convicted of a new crime in this state, another state, or federal 34
court in the ten years prior to the application for vacation;35
(d) The offense is a class C felony and the offender has been 36
convicted of a new crime in this state, another state, or federal 37
court in the five years prior to the application for vacation;38
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(e) The offense is a class B felony and less than ten years have 1
passed since the later of: (i) The applicant's release from community 2
custody; (ii) the applicant's release from full and partial 3
confinement; or (iii) the applicant's sentencing date;4
(f) The offense was a class C felony, other than a class C felony 5
described in RCW 46.61.502(6) or 46.61.504(6), and less than five 6
years have passed since the later of: (i) The applicant's release 7
from community custody; (ii) the applicant's release from full and 8
partial confinement; or (iii) the applicant's sentencing date; or9
(g) The offense was a felony described in RCW 46.61.502 or 10
46.61.504. 11
(3) If the applicant is a victim of sex trafficking, 12
prostitution, or commercial sexual abuse of a minor; sexual assault; 13
or domestic violence as defined in RCW 9.94A.030, the victim or the 14
prosecutor of the county in which the victim was sentenced may apply 15
to the sentencing court or the sentencing court's successor to vacate 16
the victim's record of conviction for a class B or class C felony 17
offense using the process in RCW 9.94A.648. When preparing or filing 18
the petition, the prosecutor is not deemed to be providing legal 19
advice or legal assistance on behalf of the victim, but is fulfilling 20
an administrative function on behalf of the state in order to further 21
their responsibility to seek to reform and improve the administration 22
of criminal justice. A record of conviction vacated using the process 23
in RCW 9.94A.648 is subject to subsection (4) of this section.24
(4)(a) Except as otherwise provided, once the court vacates a 25
record of conviction under subsection (1) of this section, the fact 26
that the offender has been convicted of the offense shall not be 27
included in the offender's criminal history for purposes of 28
determining a sentence in any subsequent conviction, and the offender 29
shall be released from all penalties and disabilities resulting from 30
the offense. For all purposes, including responding to questions on 31
employment applications, an offender whose conviction has been 32
vacated may state that the offender has never been convicted of that 33
crime. A conviction that has been vacated under this section may not 34
be disseminated or disclosed by the state patrol or local law 35
enforcement agency to any person, except other criminal justice 36
enforcement agencies. Nothing in this section affects or prevents the 37
use of an offender's prior conviction in a later criminal 38
prosecution, and nothing in this section affects the requirements for 39
restoring a right to possess a firearm under RCW 9.41.040.40
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(b) A conviction vacated on or after July 28, 2019, qualifies as 1
a prior conviction for the purpose of charging a present recidivist 2
offense occurring on or after July 28, 2019, and may be used to 3
establish an ongoing pattern of abuse for purposes of RCW 9.94A.535.4
(5) Every person convicted of a prison riot offense under RCW 5
9.94.010 who was incarcerated in a facility operated by the 6
department of children, youth, and families at the time of the 7
offense may apply to the sentencing court for a vacation of the 8
applicant's record of adjudication or conviction for the offense. If 9
an applicant qualifies under this subsection, the court shall vacate 10
the record of conviction or adjudication.11
NEW SECTION. Sec. 3. A new section is added to chapter 9.94A 12
RCW to read as follows: 13
(1) In any criminal case where an offender has been sentenced for 14
an offense where a conviction or adjudication for a prison riot 15
offense that occurred in a facility operated by the department of 16
children, youth, and families was used as a basis for the offender's 17
sentence, the prosecuting attorney shall, or the offender may, make a 18
motion for relief from sentence to the original sentencing court.19
(2) The sentencing court shall grant the motion for relief from 20
sentence established in this section if it finds that a current or 21
past conviction or adjudication for a prison riot offense that 22
occurred in a facility operated by the department of children, youth, 23
and families was used as a basis for the offender's sentence and 24
shall immediately set an expedited date for resentencing. At 25
resentencing, the court shall sentence the offender as if the current 26
or past conviction for a prison riot offense that occurred in a 27
facility operated by the department of children, youth, and families 28
did not occur. 29
NEW SECTION. Sec. 4. A new section is added to chapter 13.40 30
RCW to read as follows: 31
(1) In any juvenile offender case where an offender has been 32
sentenced for an offense where an adjudication for a prison riot 33
offense that occurred in a facility operated by the department of 34
children, youth, and families was used as a basis for the offender's 35
sentence or disposition, the prosecuting attorney shall, or the 36
offender may, make a motion for relief from disposition to the 37
original court that imposed the disposition. 38
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(2) The court that imposed the disposition shall grant the motion 1
for relief from disposition established in this section if it finds 2
that a current or past adjudication for a prison riot offense that 3
occurred in a facility operated by the department of children, youth, 4
and families was used as a basis for the offender's disposition and 5
shall immediately set an expedited date for resentencing. At 6
resentencing, the court shall impose a disposition as if the current 7
or past adjudication for a prison riot offense that occurred in a 8
facility operated by the department of children, youth, and families 9
did not occur. 10
NEW SECTION. Sec. 5. Section 1 of this act applies 11
retroactively to all prison riot convictions or adjudications and 12
prison riot offenses that have been charged.13
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