Legal Avenues for Early Release from Prison (Aside from “Good Time”)
January 2024
In Washington State, in a few limited circumstances, some people may be released from prison before the end of their sentence aside from earning “good time” (earned early release for good behavior and participating in DOC programming). This information sheet describes the legal basis, process, and requirements of these early release options.
Extraordinary Medical Placement
The Secretary of the Department of Corrections may release a person by agreeing to an “extraordinary medical placement” (EMP) when a person has a serious medical condition, the person is a “low risk to the community,” and release will result in cost savings to the state. Two medical doctors must evaluate the person and determine that they meet 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.
A person who is released on EMP will be placed on electronic monitoring, or an alternative type of monitoring if the electronic monitoring equipment is harmful to the person’s health, interferes with medical equipment, or if the person will lose funding for their medical care. Individuals serving a life sentence without parole (LWOP) are not eligible for EMP.
The law is found at RCW 9.94A.728(1)(c).
Clemency and Pardon
The Governor has the power to grant clemency (a reduction in sentence) or a full pardon (forgiving the criminal conviction and canceling the sentence). The legal process begins when a person files a Petition (application) with the Clemency and Pardons Board. In most cases, unless there are unique or emergency conditions, the Board will not review a Petition until at least 10 years after the date of conviction. Once a person files a Petition, a committee decides whether to grant a hearing before the full Clemency and Pardons Board. The clemency process is long and varies from case to case. The Clemency and Pardons Board meets four times a year to conduct hearings in March, June, September, and December. At the end of each hearing, the Clemency and Pardons Board makes a recommendation to the Governor to grant or deny clemency.
There are virtually no rules, guidelines, or criteria governing clemency. The Clemency and Pardons Board reviews petitions in “extraordinary cases” but that term is not defined. The Governor has broad power to grant clemency or a pardon from any sentence, including a sentence of life without parole (LWOP).
The clemency process does not include the appointment of a defense attorney, but many people hire an attorney or find a pro bono (free) attorney to help them prepare their petition and appear with them at the clemency hearing.
The law is found in Art. III, sec. 9 of the Washington Constitution, RCW 10.01.120, RCW 9.94A.728(1)(d).
Indeterminate Sentence Review Board (ISRB)/ “Juvenile Parole”
A person who was under the age of 18 at the time of the offense and was prosecuted as an adult may petition for early release after serving 20 years of a felony sentence for most crimes. Aggravated first-degree murder prosecuted under RCW 10.95 and indeterminate sentences for sex offenses have different rules for release. Indeterminate Sentence Review Board (ISRB), more commonly known as the Parole Board, reviews the petition for early release.
A person is eligible for early release after serving 20 years if they: (1) have no subsequent conviction for a crime that occurred after their 18th birthday, and (2) have no disqualifying “serious infraction” in the 12 months prior to filing the petition for early release. There is no early release process for a person who was under 18 at the time of the offense if the prison sentence is 20 years or less.
A person who was under the age of 18 at the time of the offense and prosecuted as an adult for aggravated first-degree murder (under RCW 10.95) receives a sentence with a minimum term and a maximum term of life. The Indeterminate Sentence Review Board (ISRB) reviews these people for release at the end of the minimum term.
The juvenile parole process does not include the appointment of a defense attorney, but a person could hire an attorney or might find a pro bono (free) attorney to help them.
The law is found at RCW 9.94A.730, 10.95.030(2).
Pre-SRA Parole for Crimes Prior to July 1, 1984/Indeterminate Sentence Review Board (ISRB)
Since 1984, with few exceptions, felony sentences in Washington State are determined by the Sentencing Reform Act (SRA). The SRA is a “grid system” that provides a standard sentence range for each crime, based on the seriousness of the offense and a person’s prior criminal history. Judges have the discretion to impose any sentence within the standard range and, in some cases, may impose a sentence above or below the range, but only if there are mitigating or aggravating circumstances that justify a “departure.”
Prior to the SRA, Washington State operated under a parole system where a judge would impose a maximum term at the sentencing hearing, and the parole board would set a person’s minimum term and then decide if or when to release a person. People serving a sentence for a crime that happened before July 1, 1984, fall under the pre-SRA parole system and must have a parole hearing before the ISRB to be released.
The pre-SRA parole process does not include the appointment of a defense attorney, but a person could hire an attorney or find a pro bono (free) attorney to help them.
The law is found at RCW 9.95.011.
“6164”/Prosecutor Initiated Resentencing (PIR)
In 2020, the Washington Legislature created a law that allows prosecutors to seek resentencing for a felony “if the original sentence no longer serves the interests of justice.” The process was formally known as “Prosecutor-initiated Resentencing” but is more commonly known as “6164” after the bill number that passed through the Washington Legislature (SB 6164).
Prosecutors who use this procedure file a “Petition for Resentencing” in the trial court where the original sentence was imposed. The judge can accept the Petition or deny it. If the court accepts the Petition, it will conduct a new sentencing hearing. The new sentence cannot be greater than the original sentence. This process can result in a shorter sentence with an earlier release date.
The statute does not limit the types of crimes or cases eligible for resentencing and it is silent on whether the prosecutor may amend (change or reduce) the crimes of conviction. Mandatory sentences still apply and cannot be reduced unless the person was under 18 at the time of the offense.
The law does not include the appointment of a defense attorney. Some people hire an attorney to help them seek a prosecutor-initiated/6164 resentencing hearing. The court must appoint an attorney for an indigent person if it decides to hold a resentencing hearing.
The law is found at RCW 36.27.130.
