Sentence review/deportation

AN ACT Relating to petitions to the clemency and pardons board 1
for persons subject to deportation proceedings; and reenacting and 2
amending RCW 9.94A.885. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 9.94A.885 and 2009 c 325 s 6 and 2009 c 138 s 4 are 5
each reenacted and amended to read as follows: 6
(1) The clemency and pardons board shall receive petitions from 7
individuals, organizations, and the department for review and 8
commutation of sentences and pardoning of offenders in extraordinary 9
cases, and shall make recommendations thereon to the governor.10
(2) If a petitioner indicates in the petition an urgent need for 11
the pardon or commutation including, but not limited to, a pending 12
deportation order or deportation proceeding, the board shall consider 13
expedited review of the application.14
(3) The board shall receive petitions from individuals or 15
organizations for the restoration of civil rights lost by operation 16
of state law as a result of convictions for federal offenses or out-17
of-state felonies. The board may issue certificates of restoration 18
limited to engaging in political office. Any certifications granted 19
by the board must be filed with the secretary of state to be 20
S-0207.1
SENATE BILL 5103
State of Washington 69th Legislature 2025 Regular Session
By Senators Hasegawa, Frame, Orwall, and Saldaña
Prefiled 12/23/24. Read first time 01/13/25. Referred to Committee
on Human Services.
p. 1 SB 5103
effective. In all other cases, the board shall make recommendations 1
to the governor. 2
(((3))) (4) The board shall not recommend that the governor grant 3
clemency under subsection (1) of this section until a public hearing 4
has been held on the petition. The prosecuting attorney of the county 5
where the conviction was obtained shall be notified at least thirty 6
days prior to the scheduled hearing that a petition has been filed 7
and the date and place at which the hearing on the petition will be 8
held. The board may waive the thirty-day notice requirement in cases 9
where it determines that waiver is necessary to permit timely action 10
on the petition. A copy of the petition shall be sent to the 11
prosecuting attorney. The prosecuting attorney shall make reasonable 12
efforts to notify victims, survivors of victims, witnesses, and the 13
law enforcement agency or agencies that conducted the investigation, 14
of the date and place of the hearing. Information regarding victims, 15
survivors of victims, or witnesses receiving this notice are 16
confidential and shall not be available to the offender. The board 17
shall consider statements presented as set forth in RCW 7.69.032. 18
This subsection is intended solely for the guidance of the board. 19
Nothing in this section is intended or may be relied upon to create a 20
right or benefit, substantive or procedural, enforceable at law by 21
any person. 22
(5) An applicant is eligible for a pardon, commutation, or 23
restoration of civil rights without regard to his or her immigration 24
status.25
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p. 2 SB 5103