2024 Laws Impacting Incarcerated Individuals, Resentencing, Early Release, and Reentry
May 7, 2024
The 2024 Washington Legislature convened a short session that ended March 7, 2024. Legislators introduced and considered numerous bills with the potential to impact resentencing pathways, early release through the Clemency & Pardons Board or the Indeterminate Sentence Review Board, and for support at reentry. Very few of these bills made it all the way to the finish line. This publication summarizes the highlights of the 2024 bills that passed and includes a summary of significant bills the legislature considered but did not pass this year.
Bills That Passed:
ID Cards for Individuals in State Custody or Care, E2SHB 2099 (effective date 1.1.2025).
For people incarcerated for 60 days or more, this law requires the state to facilitate and provide a valid identicard or driver’s license, issued by the department of licensing (DOL), for individuals in state custody or care at the WA State Dept of Corrections (DOC), WA State Special Commitment Center (SCC), secure community transition facilities, and certain residential treatment facilities. DOC must:
· Pay the application fee; and
· Provide a photo of the incarcerated person for use in the ID, which must be different than the individual’s mug shot and not indicate the person was incarcerated at the time of the photo; and
· Obtain a signature from the person that is acceptable for the DOL.
· DOC must issue a DOC identification card for use while in DOC or on community custody, and DOL can rely upon a DOC issued ID card in an application for a DOL driver’s license or identicard.
Gate Money at Release, 2SSB 5893 (effective date 6.6.24).
Expands the requirement that DOC provide suitable and presentable clothing, gate money, and transportation to a person released or discharged from custody after serving a term of confinement in a state prison. Expanded duty now applies to any person who is:
· Transferred to community custody under DOC supervision; or
· Transferred to partial confinement as part of the Graduated Reentry Program (GRE), the Community Parenting Alternative (CPA), or
· Work release, or
· Conditionally released by ISRB with conditions of community custody under DOC supervision.
This law follows prior efforts in 2023 to increase gate money provided to people leaving incarceration settings. In 2023, the legislature created a $40 minimum for gate money with a range for $40 to $300.
Changes to Conditions of Community Custody, HB 2303 (effective date 3.15.24).
Under HB 2303, DOC and the ISRB can now set conditions of community custody that are NOT related to the crime. Previously, the law required conditions relate to three criteria: the crime of conviction, the risk of reoffending, and the safety of the community. This new law allows the DOC or ISRB to impose a condition if it meets one or more of these criteria.
HB 2303 also gives individuals the right to petition to modify conditions of community custody after release from confinement. The person seeking modification must prove by a preponderance that there has been a “substantial change in circumstances such that the condition is no longer necessary for community safety.” A person may seek to modify community custody conditions no more than once every 12 months.
End to Juvenile Legal Financial Obligation (LFO) Debt Other than Restitution, SB 5974.
Legal financial obligations (LFO) debt from juvenile adjudications other than restitution are null and void, considered satisfied and paid in full per the following schedule:
· As of 6.30.25 for cases originating 7/1/18 - 6.30.23;
· As of 6.30.26 for cases originating 7.1.13 – 6.30.18;
· 6.30.27 for all cases originating prior to 7.1.13.
Nothing prevents earlier relief by motion of the defendant for relief from LFOs.
Resentencing/Early Release/Sentencing Reform Bills That Did Not Pass
Though few sentencing reform bills became laws this session, it is notable how many reform bills Washington state legislators sponsored and considered that would also have significant impact if passed- there were ten sentencing bills! Sentencing reforms often takes several years to gain traction and eventually pass. Many of these bills could be revisited in upcoming legislative sessions.
Judicial Discretion Act, HB 2001/SB 6037. This bill, if passed, would have provided trial judges with discretion to modify certain felony sentences in the interest of justice. Eligible individuals could petition the court to hold a resentencing hearing.
Scoring of Juvenile Points, HB 2065/SB 5971. If passed, this bill would have made the 2023 changes to scoring of prior juvenile adjudications retroactive, requiring resentencing for impacted individuals in confinement or on community custody.
Three Strikes/Persistent Offenders, HB 2154/6063. If passed, this bill would have excluded convictions for “three strike” offenses committed before age 18 from being included in a determination of persistent offender status. Impacted individuals would return to court for resentencing.
Pathway Off Lifetime Supervision for Sex Offenses, HB 2178. If passed, this bill would have provided a framework for the ISRB to end community custody for eligible persons with sex offense convictions after a specified number of years.
Emerging Adults, HB 1325/SB 5451. If passed this bill would have prohibited LWOP for any offense committed prior to age 25 and would authorize early release from the ISRB for anyone under age 25 at time of offense after serving 15 years, instead of 20 years.
Expansion of Clemency Board, HB 1189. If passed, this bill would have increased the number of Board members, expand the diversity of the Board, and improve the capacity of the Board to hear Clemency and Pardon Petitions. The bill would also require a DOC evaluation prior to a Board hearing.
Expansion of Juvenile Parole, HB 1383/5981. If passed, this bill would have modified juvenile parole under 9.94A.730 to permit early release at age 24 instead of requiring a person to serve 20 years before release.
In re Monshcke/In re Bartholomew, HB 1396. If passed, this bill would have created a new statutory sentence scheme for individuals convicted of aggravated first-degree murder who were 18 to 20 years old at the time of the offense: the maximum term would remain life with a minimum term no less than 25 years if the court determines that the mitigating factors that account for diminished culpability of youth apply to the offense. A mandatory LWOP sentence would be required if the court does not find that the mitigating factors of youth apply.
In addition, two proposed bills that DID NOT pass and were written to be prospective only included the Good Time Bill, HB 1798, and the Sentencing Enhancements bill, HB 1268. If passed, the good time bill would have increased good time to 33.33% for all offenses committed on or after 7.1.24, including good time on sentence enhancements. If passed, the Sentencing Enhancements bill, HB 1268, would have reduced sentencing enhancement time by allowing individuals to earn good time on mandatory enhancements and by permitting courts to impose concurrent sentences for weapons enhancements. The sentencing enhancement bill would apply to people sentenced on or after the effective date.
The bills and bill summaries can be found on the Washington State Legislature Bill Information page, found at https://app.leg.wa.gov/billinfo/. If you or your loved ones want to get involved in the legislative process, you can write to your legislators, send comments directly on selected bills from the bill info page, or attend hearings in person or by Zoom. Find your legislators here: Washington State Legislature. Find information on direct participation here Washington State Legislature Coming to the Legislature. Information on How to Testify in Committee is here Washington State Legislature How to Testify.
