2023 WA Legislative Updates: Laws Impacting Incarcerated Individuals, Second Chance Procedures, and Reentry
By Cindy Arends Elsberry | Resentencing Resource Attorney
The 2023 WA Legislature passed numerous bills impacting incarcerated individuals, second chance legal procedures and pathways (resentencing and early release), and reentry. This article summarizes the highlights of the changes. A more detailed analysis of each bill can be found here.
Changes impacting incarcerated individuals and policies relating to reentry
DOC Commissary Bill. SB 5131 ends the practice of DOC taking money from individuals’ commissary funds. When family members or other outside sources send money for an individual to use for commissary, DOC may no longer tap these funds for payment toward legal financial obligations (LFOs), cost of incarceration, child support, etc.
Expanded DOC Notification. SB 5081 expands the list of crimes for which DOC must provide victim notification 30 days prior to release. The legislature added the following crimes to the list, found at RCW 72.09.712: custodial interference, luring of a minor or developmentally delayed individual, coercion into involuntary servitude, criminal gang intimidation, intimidating a public servant, and intimidation or harassment with explosives.
Appointment of Post-Conviction Counsel. SB 5046 authorizes post-conviction counsel in a first timely personal restraint petition (PRP) for incarcerated individuals in Juvenile Rehabilitation (JR) or DOC, if funding available. State OPD to administer and to prioritize (1) youth under age 25, (2) people sentenced to more than 10 years, (3) youth or adults with disabilities, and (4) youth or adults with limited English proficiency.
Access to Substance Use Disorder Treatment from DOC at Reentry. SB 5502 requires DOC to provide a comprehensive substance use disorder (SUD) evaluation before transferring an incarcerated person to the graduated reentry program (GRE). DOC must assist a person with enrolling in treatment if they are assessed to have an SUD.
Reentry Support. SB 5134 changes gate money provides at release from $40 (set in 1971 and never updated) to no less than $40. The Governor vetoed two sections of the bill (due to funding constraints) but directed DOC to provide access to medications for 90 days at release, with a 30-day supply of medication and 60 days of prescriptions.
Changes impacting resentencing or early release
Extraordinary Medical Placement for Incarcerated Individuals. SB 5101 amends RCW 9.94A.728 and expands eligibility criteria for early release for an individual incarcerated in DOC based on a medical condition.
Changes to consequences of conviction
Legal Financial Obligations. ESHB 1169 provides for significant relief from legal financial obligations (LFOs). Courts will no longer impose the victim penalty assessment (VPA) on indigent adults or the DNA collection fee, regardless of indigency. Individuals who have either of these obligations may petition the court to remit (remove) them if they are unable to pay. Courts will no longer impose LFOs in juvenile court adjudications, other than restitution. Previously imposed LFOs in juvenile court cases, other than restitution, are no longer enforceable.
Sex Offender Registration-Juvenile Offenses. HB 1394 limits sex offender registration for certain offenses committed prior to age 18. It reduces the offenses that require sex offender registration for youth, removes the registration requirement during a juvenile court special sex offender disposition alternative sentence (SSODA), and reduces the period of time a person must register to 3 years for you 15-17 years old convicted of a class A offenses and two years for remaining offenses requiring registration. This bill applies to individuals under 18 at the time of the offense who were prosecuted in adult court due to delay in filing or prosecution. It does not apply to offenses prosecuted in adult court through automatic adult court jurisdiction or decline. This bill is retroactive.
Firearms Restoration. HB 1562 makes changes to the process and timelines for firearms restoration. Adds a one-year wait period for individuals discharged following NGRI commitment.
Other bills to note
State OPD to Administer NGRI Commitment Representation. SSB 5415 changes the process for continued representation of individuals acquitted by a finding of not guilty by reason of insanity (NGRI). This bill will ensure that individuals have continuous representation from entry of acquittal until full release.
Increased Punishment for Custodial Sexual Assault. SB 5033 raises custodial sexual assault in the first degree from a Class C felony to a Class B felony and increases the seriousness level of the offense from V to VII, significantly increasing the punishment. Raises custodial sexual assault in the second degree from a gross misdemeanor to a class C felony, level V. The crime of custodial sexual assault occurs when an employee of a correction facility has sexual contact or intercourse with another person who is a resident of a correctional facility.
Sentencing Guidelines Commission to Include Formerly Incarcerated Individual (SGC). The SGC advises the governor and legislature on issues related to adult and juvenile sentencing. HB 1114 expands SGC membership from 20 to 25, and for the first time, includes a formerly incarcerated individual.
