Early release petitions

AN ACT Relating to people convicted of one or more crimes 1
committed before the person's 18th birthday petitioning the 2
indeterminate sentence review board after reaching the age of 24 or 3
older; amending RCW 9.94A.730; creating new sections; and providing 4
an expiration date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature recognizes that the United 7
States supreme court found mandatory life sentences for conduct 8
committed by minors unconstitutional. The legislature acknowledges 9
that since the federal and state Constitutions demand that most 10
minors convicted of crimes will eventually be released into the 11
community, successful rehabilitation will result in less recidivism 12
in communities following reentry. The legislature finds that lengthy 13
sentences with little incentive for rehabilitation until decades into 14
incarceration misses a critical development opportunity for youth at 15
a formative time during brain development. Scientific studies have 16
found that brain development impacting decision making continues 17
until age 25 and that this represents a critical period for behavior 18
change, and therefore rehabilitation. The legislature therefore 19
intends to create greater incentives for rehabilitation for youth 20
convicted of offenses prior to their 18th birthday by allowing them 21
S-0055.2
SENATE BILL 5266
State of Washington 69th Legislature 2025 Regular Session
By Senators Frame, C. Wilson, Trudeau, Orwall, Bateman, Hasegawa,
Nobles, and Valdez
Read first time 01/14/25. Referred to Committee on Human Services.
p. 1 SB 5266
to petition the indeterminate sentence review board after reaching 1
the age of 24. 2
Sec. 2. RCW 9.94A.730 and 2024 c 118 s 4 are each amended to 3
read as follows: 4
(1) Notwithstanding any other provision of this chapter, any 5
person convicted of one or more crimes committed prior to the 6
person's 18th birthday may petition the indeterminate sentence review 7
board for early release after ((serving no less than 20 years of 8
total confinement )) reaching the age of 24 or older , provided the 9
person has not been convicted for any crime committed ((subsequent to 10
the person's 18th birthday )) in the 12 months prior to filing the 11
petition for early release , the person has not committed a 12
disqualifying serious infraction as defined by the department or the 13
department of children, youth, and families in the 12 months prior to 14
filing the petition for early release, and the current sentence was 15
not imposed under RCW 10.95.030 or 9.94A.507. 16
(2) No later than five years prior to the date the offender will 17
be eligible to petition for release, the department shall conduct an 18
assessment of the offender and identify programming and services that 19
would be appropriate to prepare the offender for return to the 20
community. To the extent possible, the department shall make 21
programming available as identified by the assessment.22
(3) No later than 180 days from receipt of the petition for early 23
release, the department shall conduct, and the offender shall 24
participate in, an examination of the person, incorporating 25
methodologies that are recognized by experts in the prediction of 26
dangerousness, and including a prediction of the probability that the 27
person will engage in future criminal behavior if released on 28
conditions to be set by the board. The board may consider a person's 29
failure to participate in an evaluation under this subsection in 30
determining whether to release the person. The board shall order the 31
person released under such affirmative and other conditions as the 32
board determines appropriate, unless the board determines by a 33
preponderance of the evidence that, despite such conditions, it is 34
more likely than not that the person will commit new criminal law 35
violations if released. The board shall give public safety 36
considerations the highest priority when making all discretionary 37
decisions regarding the ability for release and conditions of 38
release. 39
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(4) In a hearing conducted under subsection (3) of this section, 1
the board shall provide opportunities for victims and survivors of 2
victims of any crimes for which the offender has been convicted to 3
present statements as set forth in RCW 7.69.032. The procedures for 4
victim and survivor of victim input shall be provided by rule. To 5
facilitate victim and survivor of victim involvement, county 6
prosecutor's offices shall ensure that any victim impact statements 7
and known contact information for victims of record and survivors of 8
victims are forwarded as part of the judgment and sentence.9
(5) The department may provide rental vouchers to a person who 10
successfully petitions the board under subsection (1) of this section 11
and is ordered to be released by the board under subsection (3) of 12
this section if rental assistance will allow the petitioner to safely 13
release. The department shall maintain a list of housing providers 14
that meets the requirements of RCW 72.09.285. If more than two 15
voucher recipients will be residing per dwelling unit, as defined in 16
RCW 59.18.030, rental vouchers for those recipients may only be paid 17
to a housing provider on the department's list. For each successful 18
petitioner who is the recipient of a rental voucher, the department 19
shall gather data as recommended by the Washington state institute 20
for public policy in order to best demonstrate whether rental 21
vouchers are effective in reducing recidivism.22
(6) Any person released by the board pursuant to this section 23
shall comply with conditions imposed or modified pursuant to RCW 24
9.94A.704(10), in addition to court-imposed conditions.25
(((6))) (7) An offender released by the board is subject to the 26
supervision of the department for a period of time to be determined 27
by the board, up to the length of the court-imposed term of 28
incarceration. The department shall monitor the offender's compliance 29
with conditions of community custody imposed by the court or board 30
and promptly report any violations to the board. Any violation of 31
conditions of community custody established or modified by the board 32
are subject to the provisions of RCW 9.95.425 through 9.95.440.33
(((7))) (8) An offender whose petition for release is denied may 34
file a new petition for release five years from the date of denial or 35
at an earlier date as may be set by the board. 36
(((8))) (9) An offender released under the provisions of this 37
section may be returned to the institution at the discretion of the 38
board if the offender is found to have violated a condition of 39
community custody. The offender is entitled to a hearing pursuant to 40
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RCW 9.95.435. If the board finds that the offender has committed a 1
new violation, the board may return the offender to the institution 2
for up to the remainder of the court-imposed term of incarceration. 3
The offender may file a new petition for release five years from the 4
date of return to the institution or at an earlier date as may be set 5
by the board. 6
NEW SECTION. Sec. 3. (1) The number of petitions from persons 7
made eligible to petition the indeterminate sentence review board for 8
early release under this act, who otherwise would not be eligible, 9
that are acted on or responded to by the department of corrections or 10
the board, shall be limited to no more than 70 per year. Within the 11
limit of 70 petitions per year, the department shall prioritize 12
examinations, and the board shall prioritize hearings on petitions 13
for early release, in the following descending order with the highest 14
priority given to:15
(a) Petitioners under the age of 25 in the custody of the 16
department of children, youth, and families; and 17
(b) Petitioners in the custody of the department of corrections 18
who most recently transferred from the custody of the department of 19
children, youth, and families to the custody of the department of 20
corrections pursuant to RCW 72.01.410 as of the effective date of 21
this section. 22
(2) This section expires July 1, 2035. 23
NEW SECTION. Sec. 4. This act may be known and cited as the 24
youth hope act.25
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