The Judicial Discretion Act is a proposed bill in Washington State that seeks to empower sentencing courts to modify lengthy sentences in the interest of justice, particularly addressing the disproportionate impact of long-term incarceration on low-income communities and communities of color. The bill allows individuals serving lengthy sentences to petition for modifications based on specific criteria, such as the length of time served and current health status, with eligibility beginning on July 1, 2026. It establishes procedures for filing petitions, the role of prosecuting attorneys in victim notification, and provisions for legal representation for those unable to afford counsel. The legislation also ensures that victims have a voice in the process and provides resources for victim advocacy.

In addition to these provisions, the bill amends existing sentencing guidelines by introducing new factors for courts to consider when determining exceptional sentences outside the standard range. It allows defendants to petition for sentence modifications, requiring courts to consider a nonexhaustive list of factors, including patterns of abuse or attempts to provide medical assistance during drug-related overdoses. The bill also specifies aggravating circumstances that can justify exceptional sentences, such as the nature of the offense and the defendant's prior criminal history, while clarifying definitions and expanding the list of factors for consideration. Overall, the Judicial Discretion Act aims to create a more just and rehabilitative approach to sentencing in Washington State.

Statutes affected:
Original Bill: 10.73.100, 9.94A.535