Prosecutor-Initiated Resentencing (6164 Petitions)

January 2024

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 (PIR) but is more commonly known as “6164” after the bill number that passed through the Washington Legislature (SB 6164).

The procedure calls for the prosecutor to file a “Petition for Resentencing” with the judge who imposed the original sentence or the judge’s successor if the judge is no longer on the bench. The judge can either accept or reject the prosecutor’s Petition for Resentencing. If the judge accepts the prosecutor’s Petition for Resentencing, the judge will schedule a hearing. At that hearing, the judge may consider several factors when deciding whether to modify the sentence, including but not limited to):

• Records of the person’s discipline and rehabilitation while incarcerated;

• Whether a person’s age, diminished physical condition, or amount of time served reduces their risk for future violence; and

• Whether there have been changed circumstances since the original sentencing hearing, and incarceration no longer serves the interests of justice.

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. The statute does not provide any authority to change mandatory sentences, such as mandatory minimum terms, mandatory enhancements, or mandatory life without parole sentences.

The law is silent about the appointment of a defense attorney, but one must be appointed to represent a person who cannot afford to hire an attorney if the judge agrees to hold a hearing to decide whether to modify the sentence.   

If the court grants the prosecutor’s Petition for Resentencing, the new sentence cannot exceed the original sentence.

There are no statewide criteria or policies to use when considering this option.  Prosecutors’ approaches and criteria vary from county to county.

The law is found at RCW 36.27.130.