Bill
SB 5715
Retroactively excludes non-scorable juvenile adjudications from offender scores, letting eligible pre-2023 offenders petition for resentencing to shorten or adjust their sentences.
Status: First reading, referred to Law & Justice. Introduced February 10, 2025.
Purpose and overall intent
- SB 5715 would retroactively apply the requirement to exclude certain juvenile adjudications from an offender score, regardless of when the offense occurred. It implements and expands upon the policy goals described in Engrossed House Bill No. 1324 (2023) concerning the impact of juvenile adjudications on adult sentencing, with particular attention to racial disparities and the historical context of Indigenous communities.
- The bill creates a mechanism for eligible offenders to request resentencing to remove non-scorable juvenile adjudications from their offender score.
Key provisions
1) New statutory framework
- A new section is added to RCW 9.94A (the Sentencing Reform Act) to address retroactive relief for individuals sentenced for offenses committed before July 23, 2023, whose offender score was increased by juvenile adjudications that are not scorable under RCW 9.94A.525 as enacted at the time a petition is filed.
2) Eligibility and criteria for resentencing
- Eligible offender: A person sentenced for an offense prior to July 23, 2023, whose offender score included juvenile adjudications that would not be counted under the current scorable rules.
- Petition for relief from sentence must be filed in the original sentencing court.
- Eligibility thresholds based on current confinement and time served:
- Currently incarcerated with a total confinement release date of July 1, 2026 or later; and, until July 1, 2027, the person must have served at least 50% of their sentence or at least 15 years.
- After July 1, 2027: at least 25% of the sentence, or at least 10 years served.
- After July 1, 2028: at least 10% served or at least 5 years.
- After July 1, 2029: any amount of time served qualifies.
- Scheduling: The court must grant a petition if criteria are met, and, subject to subparagraph (c), set an expedited date for resentencing. There is a rebuttable presumption that the petitioner is entitled to resentencing.
3) Denial standards (for petitions)
- Denial may occur if the petitioner:
- Has a significant disciplinary record of serious infractions in prison, as defined by DOC policy (with a list of specific infraction codes); or
- Has an insignificant record of rehabilitation and programming; or
- The court finds, by a preponderance of the evidence, that the person is more likely than not to commit new felonies, considering the likelihood of victim revictimization.
4) Effects of resentencing
- If granted, the sentencing court shall sentence as if the juvenile adjudications not scorable under RCW 9.94A.525 were not part of the offender score at the time of the original sentence.
- The earliest allowable release date from total confinement for a resentenced individual may be no sooner than six months after the resentencing hearing.
- The court may not schedule a resentencing hearing before January 1, 2026.
5) Process, appeals, and related provisions
- If petition is denied, the petitioner may refile after specified conditions (change in circumstances or a waiting period), with the court required to state the basis for denial on the record.
- Upon resentencing, a petitioner may appeal the denial of the petition or related orders, but resentencing does not reopen other challenges to conviction or sentence.
- If eligible and unable to afford counsel, the petitioner may be appointed counsel for the petition and proceedings (subject to available appropriations). This right to appointed counsel is limited to the petition phase, not appeals or subsequent petitions.
- Victims, survivors, and witnesses have rights to participate and provide statements during the resentencing hearing.
Affected individuals and broader impact
- Affects offenders sentenced for offenses prior to July 23, 2023 whose offender scores included juvenile adjudications not scorable under current rules.
- Aims to address racial and indigenous overrepresentation in the juvenile-to-adult sentencing pathway, recognizing research on adolescent brain development and intergenerational trauma.
- Creates a path for potential resentencing, reentry planning, and victim participation, with funding considerations for appointed counsel.
Procedural notes and timeline
- Not schedulable before January 1, 2026.
- The bill’s effective mechanics rely on retroactive application to pre-2023 offenses and staged eligibility windows based on time served and release dates through 2029 and beyond.
Compiled from official sources — confirm details with the bill’s official record.
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