The Judicial Discretion Act seeks to empower sentencing courts in Washington State to modify lengthy sentences to better serve justice, particularly for individuals from low-income communities and communities of color. The bill allows individuals serving felony sentences to petition for modifications based on specific eligibility criteria, including the length of time served and the age at which the offense was committed. A structured timeline for these petitions is established, running from July 1, 2026, to July 1, 2032. Additionally, the bill ensures that individuals who cannot afford legal representation receive assistance and mandates that victims and survivors are notified of hearings related to sentence modifications, allowing them to present their statements.

The legislation also introduces new provisions regarding sentencing modifications and aggravating circumstances. It allows defendants to petition for sentence modifications while considering a nonexhaustive list of additional factors during hearings. The bill clarifies that certain aggravating circumstances can be assessed by the court without a jury finding, particularly when both the defendant and the state agree on an exceptional sentence. Furthermore, it expands the list of aggravating circumstances for jury consideration, including factors related to domestic violence and the vulnerability of victims, as well as specific offenses involving minors or public officials. The bill aims to refine sentencing criteria and enhance the judicial system's ability to impose appropriate penalties based on individual case circumstances.

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