S-3609.1
SENATE BILL 5981
State of Washington 68th Legislature 2024 Regular Session
By Senators Frame, Kuderer, Trudeau, J. Wilson, C. Wilson, Lovelett,
Kauffman, Nguyen, Hasegawa, Nobles, and Saldaña
Prefiled 01/04/24. Read first time 01/08/24. Referred to Committee
on Human Services.
1 AN ACT Relating to people convicted of one or more crimes
2 committed before the person's 18th birthday petitioning the
3 indeterminate sentence review board; amending RCW 9.94A.730; and
4 creating new sections.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. (1) In 2019, the legislature passed
7 Engrossed Second Substitute House Bill No. 1646, sometimes referred
8 to as "JR to 25," which extended the period of time that individuals
9 convicted of offenses that occurred before the person turned 18 to
10 remain in a juvenile rehabilitation facility from age 21 to age 25.
11 The stated purpose of that extension was to reduce recidivism by
12 providing additional time for individuals to receive rehabilitative
13 programming provided by juvenile institutions.
14 (2) Recognizing the increased rehabilitative programming provided
15 by JR to 25, the legislature intends to allow persons who committed
16 crimes while under age 18 to petition the indeterminate sentence
17 review board for early release after reaching age 24 or older.
18 Sec. 2. RCW 9.94A.730 and 2015 c 134 s 6 are each amended to
19 read as follows:
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 1 (1) Notwithstanding any other provision of this chapter, any
2 person convicted of one or more crimes committed prior to the
3 person's eighteenth birthday may petition the indeterminate sentence
4 review board for early release after ((serving no less than twenty
5 years of total confinement)) reaching the age of 24 or older,
6 provided the person has not been convicted for any ((crime)) class A
7 or B felony offense committed subsequent to the person's eighteenth
8 birthday, the person has not committed a disqualifying serious
9 infraction as defined by the department in the twelve months prior to
10 filing the petition for early release, and the current sentence was
11 not imposed under RCW 10.95.030 or 9.94A.507.
12 (2) No later than five years prior to the date the offender will
13 be eligible to petition for release, the department shall conduct an
14 assessment of the offender and identify programming and services that
15 would be appropriate to prepare the offender for return to the
16 community. To the extent possible, the department shall make
17 programming available as identified by the assessment.
18 (3) No later than one hundred eighty days from receipt of the
19 petition for early release, the department shall conduct, and the
20 offender shall participate in, an examination of the person,
21 incorporating methodologies that are recognized by experts in the
22 prediction of dangerousness, and including a prediction of the
23 probability that the person will engage in future criminal behavior
24 if released on conditions to be set by the board. The board may
25 consider a person's failure to participate in an evaluation under
26 this subsection in determining whether to release the person. The
27 board shall order the person released under such affirmative and
28 other conditions as the board determines appropriate, unless the
29 board determines by a preponderance of the evidence that, despite
30 such conditions, it is more likely than not that the person will
31 commit new criminal law violations if released. The board shall give
32 public safety considerations the highest priority when making all
33 discretionary decisions regarding the ability for release and
34 conditions of release.
35 (4) In a hearing conducted under subsection (3) of this section,
36 the board shall provide opportunities for victims and survivors of
37 victims of any crimes for which the offender has been convicted to
38 present statements as set forth in RCW 7.69.032. The procedures for
39 victim and survivor of victim input shall be provided by rule. To
40 facilitate victim and survivor of victim involvement, county
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 1 prosecutor's offices shall ensure that any victim impact statements
2 and known contact information for victims of record and survivors of
3 victims are forwarded as part of the judgment and sentence.
4 (5) The department may provide rental vouchers to a person who
5 successfully petitions the board under subsection (1) of this section
6 if rental assistance will allow the petitioner to safely release. The
7 department shall maintain a list of housing providers that meets the
8 requirements of RCW 72.09.285. If more than two voucher recipients
9 will be residing per dwelling unit, as defined in RCW 59.18.030,
10 rental vouchers for those recipients may only be paid to a housing
11 provider on the department's list. For each successful petitioner who
12 is the recipient of a rental voucher, the department shall gather
13 data as recommended by the Washington state institute for public
14 policy in order to best demonstrate whether rental vouchers are
15 effective in reducing recidivism.
16 (6) An offender released by the board is subject to the
17 supervision of the department for a period of time to be determined
18 by the board, up to the length of the court-imposed term of
19 incarceration. The department shall monitor the offender's compliance
20 with conditions of community custody imposed by the court or board
21 and promptly report any violations to the board. Any violation of
22 conditions of community custody established or modified by the board
23 are subject to the provisions of RCW 9.95.425 through 9.95.440.
24 (((6))) (7) An offender whose petition for release is denied may
25 file a new petition for release five years from the date of denial or
26 at an earlier date as may be set by the board.
27 (((7))) (8) An offender released under the provisions of this
28 section may be returned to the institution at the discretion of the
29 board if the offender is found to have violated a condition of
30 community custody. The offender is entitled to a hearing pursuant to
31 RCW 9.95.435. If the board finds that the offender has committed a
32 new violation, the board may return the offender to the institution
33 for up to the remainder of the court-imposed term of incarceration.
34 The offender may file a new petition for release five years from the
35 date of return to the institution or at an earlier date as may be set
36 by the board.
37 NEW SECTION. Sec. 3. This act applies retroactively to persons
38 incarcerated on the effective date of this section, regardless of the
39 date of the offense or conviction.
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1 NEW SECTION. Sec. 4. This act does not create any right or
2 entitlement to release from incarceration before the end of a term of
3 incarceration imposed by the court.
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Statutes affected:
Original Bill: 9.94A.730