The proposed bill amends the definition of "persistent offender" in Washington state law by excluding convictions for offenses committed by individuals under the age of 18. This change is a response to the U.S. Supreme Court's ruling in Miller v. Alabama, which found mandatory life sentences without parole for juveniles to be unconstitutional. The bill aims to rectify injustices faced by individuals sentenced as adults for crimes committed as minors, emphasizing the need for equitable treatment of youth in the justice system and recognizing their potential for rehabilitation. It clarifies that a "persistent offender" is someone who has been convicted of a most serious felony offense and was 18 years of age or older at the time of the offense.

Additionally, the bill establishes a process for resentencing individuals classified as persistent offenders if their classification was based on a conviction for an offense committed while they were under 18. The prosecuting attorney is required to review sentencing documents, and if a minor conviction was used, a motion for relief from the original sentence can be filed. The court must grant this motion if it confirms the prior conviction was for an offense committed as a minor, leading to an expedited resentencing date. The act is retroactive, applying to individuals currently incarcerated as persistent offenders, ensuring that any offense committed by the offender while under 18 will not be classified as a most serious offense.

Statutes affected:
Original bill: 9.94A.030