The Judicial Discretion Act aims to empower sentencing courts in Washington State to modify lengthy sentences to promote justice, particularly addressing the disproportionate effects of long-term incarceration on low-income communities and communities of color. The bill establishes criteria for individuals to petition for sentence modifications based on factors such as age at the time of the offense, time served, and current health status. It also mandates a hearing within 120 days if a petition is accepted and clarifies that the time limit for collateral attacks does not apply to these petitions. Furthermore, the legislation ensures that victims and survivors are notified of hearings and can present statements, while also creating a fund to support victims affected by the act.

In addition to these provisions, the bill modifies the sentencing framework under RCW 9.94A, allowing defendants to petition for sentence modifications while considering a range of additional factors. It requires that if a modified sentence follows an original sentence with less than five years of community custody, the court must impose five years of community custody in the modified sentence. The bill also outlines aggravating circumstances that may lead to exceptional sentences beyond the standard range, which can be determined by the court or a jury. Lastly, it includes provisions regarding the expiration of certain clauses and stipulates that the act will be null and void if specific funding is not secured by a designated date.

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