Washington SB 6164 and What it Means for Defendants

In my years practicing criminal law in Washington State, there are few times when a change in the law has had such a big impact on defendants after conviction. Senate Bill 6164, now written into the Revised Code of Washington (RCW) at RCW 36.27.130, permits prosecutors in Washington state to ask a court to resentence defendants “if the person’s sentence no longer advances the interests of justice.” 

Considerations for whether a resentencing should be granted include: “the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice.” RCW 36.27.130 (3).

What does that mean for defendants in Washington State? An attorney can help you present evidence to a prosecutor to ask them to take your case to a judge for reconsideration. Because S.B. 6164 just went into effect on June 11, 2020, this form of relief is new, and the process varies across counties in Washington. If you are interested in speaking with me about your case, contact me.