H-0205.3
HOUSE BILL 1131
State of Washington 69th Legislature 2025 Regular Session
By Representatives Goodman and Hackney
Prefiled 12/24/24.
1 AN ACT Relating to clemency and pardons; amending RCW 9.94A.501,
2 9.94A.565, 9.94A.633, 9.94A.633, 9.94A.728, and 9.94A.880; reenacting
3 and amending RCW 9.94A.501 and 9.94A.885; adding a new section to
4 chapter 9.94A RCW; providing an effective date; and providing an
5 expiration date.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 Sec. 1. RCW 9.94A.501 and 2024 c 63 s 3 are each amended to read
8 as follows:
9 (1) The department shall supervise the following ((offenders))
10 individuals who are sentenced to probation in superior court,
11 pursuant to RCW 9.92.060, 9.95.204, or 9.95.210:
12 (a) ((Offenders)) Individuals convicted of:
13 (i) Sexual misconduct with a minor second degree;
14 (ii) Custodial sexual misconduct second degree;
15 (iii) Communication with a minor for immoral purposes; and
16 (iv) Violation of RCW 9A.44.132(2) (failure to register); and
17 (b) ((Offenders)) Individuals who have:
18 (i) A current conviction for a repetitive domestic violence
19 offense after August 1, 2011; and
20 (ii) A prior conviction for a repetitive domestic violence
21 offense or domestic violence felony offense after August 1, 2011.
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 1 (2) ((Misdemeanor)) Individuals convicted of misdemeanor and
2 gross misdemeanor ((offenders)) offenses supervised by the department
3 pursuant to this section shall be placed on community custody.
4 (3) The department shall supervise every individual convicted of
5 a felony ((offender)) and sentenced to community custody pursuant to
6 RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the
7 ((offender)) individual as one who is at a high risk to reoffend.
8 (4) Notwithstanding any other provision of this section, the
9 department shall supervise an ((offender)) individual sentenced to
10 community custody regardless of risk classification if the
11 ((offender)) individual:
12 (a) Has a current conviction for a sex offense or a serious
13 violent offense and was sentenced to a term of community custody
14 pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;
15 (b) Has been identified by the department as a dangerous mentally
16 ill offender pursuant to RCW 72.09.370;
17 (c) Has an indeterminate sentence and is subject to parole
18 pursuant to RCW 9.95.017;
19 (d) Has a current conviction for violating RCW 9A.44.132(1)
20 (failure to register) and was sentenced to a term of community
21 custody pursuant to RCW 9.94A.701;
22 (e)(i) Has a current conviction for a domestic violence felony
23 offense after August 1, 2011, and a prior conviction for a repetitive
24 domestic violence offense or domestic violence felony offense after
25 August 1, 2011. This subsection (4)(e)(i) applies only to offenses
26 committed prior to July 24, 2015;
27 (ii) Has a current conviction for a domestic violence felony
28 offense. The state and its officers, agents, and employees shall not
29 be held criminally or civilly liable for its supervision of an
30 ((offender)) individual under this subsection (4)(e)(ii) unless the
31 state and its officers, agents, and employees acted with gross
32 negligence;
33 (f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660,
34 9.94A.670, 9.94A.711, or 9.94A.695;
35 (g) Is subject to supervision pursuant to RCW 9.94A.745; or
36 (h) Was convicted and sentenced under RCW 46.61.520 (vehicular
37 homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6)
38 (felony DUI), or RCW 46.61.504(6) (felony physical control).
39 (5) The department shall supervise any ((offender who is))
40 individual released by the indeterminate sentence review board
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 1 ((and)) who was sentenced to community custody or subject to
2 community custody under the terms of release.
3 (6) The department shall supervise any individual granted
4 conditional commutation pursuant to RCW 9.94A.885 if the governor
5 includes a term of community custody as a condition of commutation.
6 (7) The department is not authorized to, and may not, supervise
7 any ((offender)) individual sentenced to a term of community custody
8 or any probationer unless the ((offender)) individual or probationer
9 is one for whom supervision is required under this section ((or RCW
10 9.94A.5011)).
11 (((7))) (8) The department shall conduct a risk assessment for
12 every individual convicted of a felony ((offender)) and sentenced to
13 a term of community custody who may be subject to supervision under
14 this section ((or RCW 9.94A.5011)).
15 (((8))) (9) The period of time the department is authorized to
16 supervise an ((offender)) individual under this section may not
17 exceed the duration of community custody specified under RCW
18 9.94B.050, 9.94A.701 (1) through (9), or 9.94A.702, except in cases
19 where the court has imposed an exceptional term of community custody
20 under RCW 9.94A.535 and where the governor imposes a term of
21 community custody as a condition of conditional commutation or
22 imposes an additional term of community custody due to a violation of
23 conditional commutation.
24 (((9))) (10) The period of time the department is authorized to
25 supervise an ((offender)) individual under this section may be
26 reduced by the earned award of supervision compliance credit pursuant
27 to RCW 9.94A.717.
28 Sec. 2. RCW 9.94A.501 and 2024 c 306 s 4 and 2024 c 63 s 3 are
29 each reenacted and amended to read as follows:
30 (1) The department shall supervise the following ((offenders))
31 individuals who are sentenced to probation in superior court,
32 pursuant to RCW 9.92.060, 9.95.204, or 9.95.210:
33 (a) ((Offenders)) Individuals convicted of:
34 (i) Sexual misconduct with a minor second degree;
35 (ii) Custodial sexual misconduct second degree;
36 (iii) Communication with a minor for immoral purposes; and
37 (iv) Violation of RCW 9A.44.132(2) (failure to register); and
38 (b) ((Offenders)) Individuals who have:
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 1 (i) A current conviction for a repetitive domestic violence
2 offense after August 1, 2011; and
3 (ii) A prior conviction for a repetitive domestic violence
4 offense or domestic violence felony offense after August 1, 2011.
5 (2) ((Misdemeanor)) Individuals convicted of misdemeanor and
6 gross misdemeanor ((offenders)) offenses supervised by the department
7 pursuant to this section shall be placed on community custody.
8 (3) The department shall supervise every individual convicted of
9 a felony ((offender)) and sentenced to community custody pursuant to
10 RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the
11 ((offender)) individual as one who is at a high risk to reoffend.
12 (4) Notwithstanding any other provision of this section, the
13 department shall supervise an ((offender)) individual sentenced to
14 community custody regardless of risk classification if the
15 ((offender)) individual:
16 (a) Has a current conviction for a sex offense or a serious
17 violent offense and was sentenced to a term of community custody
18 pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;
19 (b) Has been identified by the department as a dangerous mentally
20 ill offender pursuant to RCW 72.09.370;
21 (c) Has an indeterminate sentence and is subject to parole
22 pursuant to RCW 9.95.017;
23 (d) Has a current conviction for violating RCW 9A.44.132(1)
24 (failure to register) and was sentenced to a term of community
25 custody pursuant to RCW 9.94A.701;
26 (e)(i) Has a current conviction for a domestic violence felony
27 offense after August 1, 2011, and a prior conviction for a repetitive
28 domestic violence offense or domestic violence felony offense after
29 August 1, 2011. This subsection (4)(e)(i) applies only to offenses
30 committed prior to July 24, 2015;
31 (ii) Has a current conviction for a domestic violence felony
32 offense. The state and its officers, agents, and employees shall not
33 be held criminally or civilly liable for its supervision of an
34 ((offender)) individual under this subsection (4)(e)(ii) unless the
35 state and its officers, agents, and employees acted with gross
36 negligence;
37 (f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660,
38 9.94A.670, 9.94A.711, 9.94A.695, or 9.94A.661;
39 (g) Is subject to supervision pursuant to RCW 9.94A.745; or
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 1 (h) Was convicted and sentenced under RCW 46.61.520 (vehicular
2 homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6)
3 (felony DUI), or RCW 46.61.504(6) (felony physical control).
4 (5) The department shall supervise any ((offender who is))
5 individual released by the indeterminate sentence review board
6 ((and)) who was sentenced to community custody or subject to
7 community custody under the terms of release.
8 (6) The department shall supervise any individual granted
9 conditional commutation pursuant to RCW 9.94A.885.
10 (7) The department is not authorized to, and may not, supervise
11 any ((offender)) individual sentenced to a term of community custody
12 or any probationer unless the ((offender)) individual or probationer
13 is one for whom supervision is required under this section ((or RCW
14 9.94A.5011)).
15 (((7))) (8) The department shall conduct a risk assessment for
16 every individual convicted of a felony ((offender)) and sentenced to
17 a term of community custody who may be subject to supervision under
18 this section ((or RCW 9.94A.5011)).
19 (((8))) (9) The period of time the department is authorized to
20 supervise an ((offender)) individual under this section may not
21 exceed the duration of community custody specified under RCW
22 9.94B.050, 9.94A.701 (1) through (9), or 9.94A.702, except in cases
23 where the court has imposed an exceptional term of community custody
24 under RCW 9.94A.535 and where the governor imposes a term of
25 community custody as a condition of conditional commutation or
26 imposes an additional term of community custody due to a violation of
27 conditional commutation.
28 (((9))) (10) The period of time the department is authorized to
29 supervise an ((offender)) individual under this section may be
30 reduced by the earned award of supervision compliance credit pursuant
31 to RCW 9.94A.717.
32 Sec. 3. RCW 9.94A.565 and 1994 c 1 s 5 are each amended to read
33 as follows:
34 (1) Nothing in chapter 1, Laws of 1994 or chapter 10.95 RCW shall
35 ever be interpreted or construed as to reduce or eliminate the power
36 of the governor to grant a pardon or clemency to any ((offender))
37 individual on an individual case-by-case basis. However, the people
38 recommend that ((any offender)):
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 1 (a) Any incarcerated individual subject to total confinement for
2 life without the possibility of parole not be considered for release
3 until the ((offender)) incarcerated individual has ((reached the age
4 of at least sixty years old and has)) been judged to ((be)) no longer
5 be a threat to society((. The people further recommend that sex
6 offenders));
7 (b) Incarcerated individuals who have been convicted of a sex
8 offense be held to the utmost scrutiny under this subsection
9 regardless of age; and
10 (c) Release take the form of a commutation that includes a period
11 of law-abiding behavior in the community.
12 (2) Nothing in this section shall ever be interpreted or
13 construed to grant any release for the purpose of reducing prison
14 overcrowding. Furthermore, the governor shall provide twice yearly
15 reports on the activities and progress of ((offenders)) individuals
16 subject to total confinement for life without the possibility of
17 parole who are released through executive action during his or her
18 tenure. These reports shall continue for not less than ((ten)) 10
19 years after the release of the ((offender)) individual or upon the
20 death of the released ((offender)) individual.
21 Sec. 4. RCW 9.94A.633 and 2021 c 242 s 4 are each amended to
22 read as follows:
23 (1)(a) An ((offender)) individual who violates any condition or
24 requirement of a sentence may be sanctioned by the court with up to
25 ((sixty)) 60 days' confinement for each violation or by the
26 department with up to ((thirty)) 30 days' confinement as provided in
27 RCW 9.94A.737.
28 (b) In lieu of confinement, an ((offender)) individual may be
29 sanctioned with work release, home detention with electronic
30 monitoring, work crew, community restitution, inpatient treatment,
31 daily reporting, curfew, educational or counseling sessions,
32 supervision enhanced through electronic monitoring, or any other
33 community-based sanctions.
34 (2) If an ((offender)) individual was under community custody
35 pursuant to one of the following statutes, the ((offender))
36 individual may be sanctioned as follows:
37 (a) If the ((offender)) individual was transferred to community
38 custody in lieu of earned early release in accordance with RCW
39 9.94A.728, the ((offender)) individual may be transferred to a more
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 1 restrictive confinement status to serve up to the remaining portion
2 of the sentence, less credit for any period actually spent in
3 community custody or in detention awaiting disposition of an alleged
4 violation.
5 (b) If the ((offender)) individual was sentenced under the drug
6 offender sentencing alternative set out in RCW 9.94A.660, the
7 ((offender)) individual may be sanctioned in accordance with that
8 section.
9 (c) If the ((offender)) individual was sentenced under the
10 parenting sentencing alternative set out in RCW 9.94A.655, the
11 ((offender)) individual may be sanctioned in accordance with that
12 section.
13 (d) If the ((offender)) individual was sentenced under the
14 special sex offender sentencing alternative set out in RCW 9.94A.670,
15 the suspended sentence may be revoked and the ((offender)) individual
16 committed to serve the original sentence of confinement.
17 (e) If the ((offender)) individual was sentenced under the mental
18 health sentencing alternative set out in RCW 9.94A.695, the
19 ((offender)) individual may be sanctioned in accordance with that
20 section.
21 (f) If the ((offender)) individual was sentenced to a work ethic
22 camp pursuant to RCW 9.94A.690, the ((offender)) individual may be
23 reclassified to serve the unexpired term of his or her sentence in
24 total confinement.
25 (g) If ((a sex offender)) an individual convicted of a sex
26 offense was sentenced pursuant to RCW 9.94A.507, the ((offender))
27 individual may be transferred to a more restrictive confinement
28 status to serve up to the remaining portion of the sentence, less
29 credit for any period actually spent in community custody or in
30 detention awaiting disposition of an alleged violation.
31 (h) If the individual was granted conditional commutation
32 pursuant to RCW 9.94A.885, the individual may be transferred to a
33 more restrictive confinement status to serve up to the remaining
34 portion of the sentence, less credit for any period actually spent in
35 community custody or in detention awaiting disposition of an alleged
36 violation.
37 (3) If a probationer is being supervised by the department
38 pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may
39 be sanctioned pursuant to subsection (1) of this section. The
40 department shall have authority to issue a warrant for the arrest of
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 1 an ((offender)) individual who violates a condition of community
2 custody, as provided in RCW 9.94A.716. Any sanctions shall be imposed
3 by the department pursuant to RCW 9.94A.737. Nothing in this
4 subsection is intended to limit the power of the sentencing court to
5 respond to a probationer's violation of conditions.
6 (4) The parole or probation of an ((offender)) individual who is
7 charged with a new felony offense may be suspended and the
8 ((offender)) individual placed in total confinement pending
9 disposition of the new criminal charges if:
10 (a) The ((offender)) individual is on parole pursuant to RCW
11 9.95.110(1); or
12 (b) The ((offender)) individual is being supervised pursuant to
13 RCW 9.94A.745 and is on parole or probation pursuant to the laws of
14 another state.
15 Sec. 5. RCW 9.94A.633 and 2024 c 306 s 7 are each amended to
16 read as follows:
17 (1)(a) An ((offender)) individual who violates any condition or
18 requirement of a sentence may be sanctioned by the court with up to
19 60 days' confinement for each violation or by the department with up
20 to 30 days' confinement as provided in RCW 9.94A.737.
21 (b) In lieu of confinement, an ((offender)) individual may be
22 sanctioned with work release, home detention with electronic
23 monitoring, work crew, community restitution, inpatient treatment,