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
S-0635.1
SENATE BILL 5715
State of Washington 69th Legislature 2025 Regular Session
By Senators Kauffman, Frame, Hasegawa, Nobles, Trudeau, Valdez, and
C. Wilson
Read first time 02/10/25. Referred to Committee on Law & Justice.
p. 1 SB 5715
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
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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
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(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
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(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
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