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. The bill acknowledges the adverse effects of long-term incarceration on low-income communities and communities of color, promoting rehabilitation and potential cost savings for the state. It allows individuals serving felony sentences to petition for modifications based on criteria such as time served and health conditions, with a structured eligibility timeline beginning July 1, 2026. The bill also emphasizes victim involvement by ensuring notification and advocacy, establishing a fund for victims, and mandating consideration of victim statements during hearings. Additionally, it provides for the appointment of counsel for those unable to afford legal representation.

The bill introduces new provisions regarding mitigating and aggravating circumstances that courts must consider when determining exceptional sentences. It permits courts to impose sentences below the standard range if mitigating factors are present, such as the victim's role or the defendant's efforts to make amends. Furthermore, it allows defendants to petition for sentence modifications, which the court must evaluate alongside various factors. If a modification is granted, the court is required to impose five years of community custody. The bill also outlines conditions for imposing aggravating exceptional sentences based on the offense's nature, the defendant's criminal history, and the impact on victims. Sections of the bill will take effect on January 1, 2026, with certain provisions expiring on that 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