The Judicial Discretion Act aims to empower sentencing courts in Washington to modify lengthy sentences when they no longer align with the interests of justice. The bill acknowledges the disproportionate effects of long-term incarceration on low-income communities and communities of color, while also highlighting potential cost savings for the state through the early release of rehabilitated individuals. It establishes a structured process for individuals to petition for sentence modifications based on specific criteria, including the length of time served and the nature of their offenses, with eligibility timelines set between 2026 and 2032. Key provisions include criteria for petitioning, court considerations during reviews, legal representation for those unable to afford counsel, and mandatory notifications for victims regarding hearings.

Furthermore, the bill introduces new provisions related to sentencing modifications and aggravating circumstances in criminal cases. It allows defendants to petition for sentence modifications, requiring courts to consider a nonexhaustive list of additional factors during these hearings. The act also outlines aggravating circumstances that may lead to exceptional sentences, emphasizing the need for careful consideration of factors such as prior criminal history and the nature of the offense, particularly in cases of sexual abuse against minors and domestic violence. Overall, the Judicial Discretion Act seeks to create a more nuanced and equitable sentencing process that balances justice, rehabilitation, and victim advocacy.

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