This bill amends RCW 9.94A.647 to provide a process for resentencing individuals who have been sentenced as persistent offenders or who received exceptional sentences due to a plea agreement that avoided a persistent offender sentence, specifically when a robbery in the second degree charge or conviction was involved. The bill stipulates that offenders must have a resentencing hearing if such a robbery charge or conviction was used to classify them as persistent offenders. The office of public defense is tasked with reviewing sentencing documents and may file a motion for relief from the exceptional sentence if the criteria are met.

To qualify for resentencing, offenders must either have been sentenced as persistent offenders based on a robbery in the second degree conviction or be serving an exceptional sentence from a plea agreement while having two prior convictions. The bill also clarifies that robbery in the second degree will not be considered a most serious offense for the purposes of resentencing or for classifying someone as a persistent offender, regardless of when the offense occurred. Additionally, the administrative office of the courts and the department of corrections are required to provide plea agreement data to the office of public defense to help identify eligible individuals for resentencing.

Statutes affected:
Original Bill: 9.94A.647