In 2020, the Washington Legislature passed SB 6164, creating a new procedure for prosecutors to petition a sentencing court (or the court’s successor) to resentence an individual previously convicted and already sentenced for a felony “if the original sentence no longer serves the interests of justice.” The trial court has discretion to grant or deny the petition. If the court grants the petition, the individual receives a new sentencing hearing. The court will resentence the individual “as if they have not previously been sentenced.” The new sentence cannot be greater than the original sentence.

The trial court may consider post-conviction factors, including but not limited to:

• Discipline and rehabilitation while incarcerated;
• Evidence that supports that an individual’s age, diminished physical condition (if any), or time served reduces the risk for future violence;
• Evidence of changed circumstances since the original sentencing such that incarceration no longer serves the interests of justice.

There are no limits on the types of felony offenses eligible. This legislation provides ONLY prosecutors with new legal authority to bring a petition for resentencing in the interest of justice; it does not create a new process for individuals to petition for a resentencing hearing and does not address the role of appointed defense counsel in the process leading up to the prosecutor filing a petition.

Attorneys working on these cases can join the WDA Second Chance listserv  here: https://defensenet.org/resource-category/listserv-information/