The Judicial Discretion Act is a proposed bill in Washington State that aims to empower sentencing courts to modify lengthy sentences to promote justice and address 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 the length of time served and personal circumstances like age or medical condition. The eligibility for petitioning will be phased in from 2026 to 2032. Additionally, the bill clarifies that the time limit for collateral attacks does not apply to these petitions and mandates that victims be notified of related hearings, allowing them to present statements.

The legislation also modifies the existing sentencing framework under RCW 9.94A by allowing defendants to petition for sentence modifications while considering various factors at a hearing. It outlines specific aggravating circumstances that can lead to exceptional sentences without a jury finding and requires that if a sentence modification is granted, individuals with less than five years of community custody in their original sentence must have five years imposed as part of the modified sentence. The bill further details community custody terms based on the nature of the offense and includes expiration and effective dates for certain sections, along with a nullification clause contingent on specific funding provisions.

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