The Judicial Discretion Act aims to empower sentencing courts in Washington State to modify lengthy sentences when they no longer align with the interests of justice, particularly addressing the disproportionate impact of long-term incarceration on marginalized communities. The bill establishes criteria for individuals to petition for sentence modifications based on their age at the time of the offense and the length of time served, while also allowing for petitions with prosecutorial consent. It outlines the petition process, necessary documentation, and factors for the court's consideration. Additionally, the bill clarifies that time limits for collateral attacks do not apply to these petitions and includes provisions for victim notification and support, ensuring victims can participate in the process.

Furthermore, the bill amends the Sentencing Reform Act to allow for exceptional sentences outside the standard range under specific conditions, such as when a defendant's prior unscored misdemeanor or foreign criminal history results in a lenient presumptive sentence. It provides a comprehensive list of aggravating circumstances that may justify a sentence above the standard range. Importantly, the bill includes a provision stating that if specific funding for its implementation is not provided by June 30, 2024, the act will be null and void, addressing fiscal concerns related to the proposed changes in sentencing practices.

Statutes affected:
Original Bill: 10.73.100
Substitute Bill: 9.94A.570, 9.94A.535
Second Substitute: 9.94A.570, 9.94A.535