The proposed bill seeks to amend 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 address the injustices faced by individuals sentenced as adults for crimes committed as minors, promoting equitable treatment of youth in the justice system and recognizing their potential for rehabilitation. It introduces new definitions for terms such as "persistent offender," "predatory," and "victim of sexual assault," while clarifying the criteria for serious violent offenses.

Additionally, the bill establishes a process for resentencing individuals classified as persistent offenders if their classification was based on a juvenile conviction. The prosecuting attorney is required to review sentencing documents and may file a motion for relief if a juvenile conviction was used. If the court finds that the juvenile conviction was a basis for the designation, it must grant the motion and resentence the individual accordingly. The bill also mandates that victims and survivors be notified of the resentencing motion and allows them to present statements during the hearing. Importantly, the provisions do not apply to individuals convicted of serious offenses such as first or second-degree murder or any most serious sex offenses, and the act is retroactive, affecting those currently incarcerated as persistent offenders.

Statutes affected:
Original bill: 9.94A.030
Substitute bill: 9.94A.030