WA lawmakers narrowly advance proposal for inmate resentencing

OLYMPIA, Wash. - A proposal to let certain inmates in prison apply for resentencing narrowly cleared a hurdle in the Washington State House Thursday. One Democratic representative pushed back on the idea as other members of her party pushed it forward.

The House Committee on Community Safety voted 5-4 to advance House Bill 1125. The legislation would allow certain inmates to petition a court to review their sentence if they meet criteria on time served, improved behavior and low risk of reoffending.

The bill was also amended to require five years of community custody after resentencing, and to encourage victims to tell the court "what outcome would make them feel safe."

What they're saying:

"The prosecutors can do this for any reason that’s in the interest of justice right now," said prime sponsor State Representative Tarra Simmons (D-Bremerton) "I’m asking that defense counsel be able to do this as well, with a lot of eligibility criteria and protection around it. And continued supervision in the community."

Simmons argued people who have reformed should get a second look at their sentences, and often are victims of crimes themselves.

The other side:

However, Republicans argued the bill needs more work. They cited circumstances of judges facing no accountability after letting individuals out of jail who go on to commit more crimes.

"I have also heard testimony from other families, who have again been on the receiving end of this," said State Representative Jenny Graham (R-Spokane) "Where somebody that was very dangerous should’ve never been let out or received low bail, ended up getting out. Now their son is dead."

State Representative Lauren Davis (D-Shoreline) also expressed concerns about judicial discretion.

"Judges are not qualified to run a parole board," she said. "They have neither the tools nor the training, and the legislature can compel neither."

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Davis offered a sweeping amendment to have the state’s Indeterminate Sentence Review Board manage the process, arguing they are best equipped for the task. But it was voted down.

Davis acknowledged the only early release option for individuals who have reformed is requesting clemency from the governor, a process that "is like passing through the eye of a needle" and "leaves too many people behind."

"The clemency and pardons process is too narrow. But this bill is far too broad," she said.

Davis ultimately joined all Republicans in voting against the bill, arguing crime victims are being pushed to the side with the legislation.

"The title of this act provides for ‘judicial discretion to modify sentences in the interests of justice.’ But I must ask, ‘justice for whom?’" Davis said. "As currently construed, this bill provides justice only for the person who has caused harm."

When House Bill 1125 could be considered by the full House has yet to be announced.

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