The bill introduces significant reforms aimed at providing alternative sentencing options for defendants who are survivors of domestic violence, sexual assault, or human trafficking. It allows courts to reduce incarceration terms or impose alternative sentences for those whose criminal actions were heavily influenced by their victimization. The court will evaluate eligibility based on various factors, including the nature of the abuse and its impact on the defendant's behavior. Additionally, the bill establishes a process for resentencing individuals currently incarcerated who meet the criteria, enabling them to petition for reduced sentences based on their experiences as victims. Key provisions include the establishment of new sections in the Revised Code of Washington (RCW) that outline eligibility criteria, court discretion in sentencing, and the types of evidence permissible during hearings, while excluding serious offenses like aggravated murder and certain sex offenses from these alternatives.

Moreover, the bill amends existing laws regarding sentencing enhancements for felony offenses, particularly those involving firearms and sexual motivation, mandating that enhancements be served in total confinement and consecutively to other sentences. It grants courts the discretion to depart downward from mandatory enhancements for qualifying individuals and maintains the framework for exceptional sentences based on substantial reasons. The bill also introduces provisions for vacating criminal records for individuals whose conduct was significantly influenced by prior victimization, allowing them to apply for record vacation after completing their sentences. The court is empowered to consider various factors in these applications, and once a conviction is vacated, individuals are released from associated penalties, enabling them to claim they have never been convicted of that crime.

Statutes affected:
Original Bill: 9.94A.501, 9.94A.717, 9.94A.535, 9.94A.540, 9.94A.570, 10.99.020