2023 WA Legislative Update: Early Release from Prison Due to Medical Condition
By Cindy Arends Elsberry | Resentencing Resource Attorney
Revised January 2024
In Washington, some individuals may be released early from prison by the Department of Corrections (DOC) due to a significant medical condition through Extraordinary Medical Placement (EMP). In 2023, the Washington Legislature modified and expanded this option. Individuals serving a life sentence without parole (LWOP) are not eligible for EMP.
The Secretary of the DOC may authorize EMP when an incarcerated person is assessed by two medical doctors and meets one of the following medical criteria:
The person is affected by a permanent or degenerative medical condition to such a degree that the individual does not presently, and likely will not in the future, pose a threat to public safety; OR
The person is in ill health and is expected to die within six months and does not presently, and likely will not in the future, pose a threat to public safety.
Two additional factors must be present for the Secretary of DOC to grant release:
The incarcerated individual must be assessed as “low risk to the community” at the time of release; and
It is expected that granting release will result in cost savings to the state.
A person who is released on Extraordinary Medical Placement will be placed on electronic monitoring. If the electronic monitoring equipment is harmful to the person’s health, interferes with medical equipment, or results in loss of the person’s funding for medical care, a different type of monitoring must be used.
The Governor may also release a person with serious health issues upon recommendation from the Clemency and Pardons Board.
The law applying to Extraordinary Medical Placement can be found at RCW 9.94A.728(1)(c).
