The Judicial Discretion Act is a proposed bill in Washington State that aims to empower sentencing courts to modify lengthy sentences in the interest of justice, particularly addressing the disproportionate impact of long-term incarceration on low-income communities and communities of color. The bill introduces a new section to chapter 9.94A RCW, allowing individuals under total confinement for felony convictions to petition for sentence modifications based on criteria such as time served and medical conditions. The eligibility criteria will be phased in from 2026 to 2032, and the bill emphasizes the importance of positive behavior while incarcerated. Additionally, it clarifies that the time limit for collateral attacks does not apply to these petitions and outlines the petitioning process, including documentation requirements and factors the court must consider when reviewing petitions.

Furthermore, the bill modifies the sentencing framework under RCW 9.94A by allowing defendants to petition for sentence modifications while considering a range of factors during hearings. It mandates that if a modification is granted and the original sentence included less than five years of community custody, the court must impose five years of community custody as part of the modified sentence. The bill also details aggravating circumstances that may lead to exceptional sentences above the standard range, particularly for serious offenses, and establishes mandatory community custody terms. Importantly, certain sections of the bill will expire by January 1, 2026, and the act will become null and void if specific funding is not secured by June 30, 2025.

Statutes affected:
Original Bill: 10.73.100, 9.94A.535
Substitute Bill: 10.73.100, 9.94A.535, 9.94A.701, 9A.20.021
Second Substitute: 10.73.100, 9.94A.535, 9.94A.701, 9A.20.021