Blake Resentencing
Washington State Law Allows Prosecutors to Reduce Sentences
Am I eligible for a reduced sentence through Blake?
Individuals convicted and serving a sentence of simple possession of a controlled substance may be eligible to have their convictions vacated, amended, or dismissed thanks to the case State of Washington v. Blake and subsequent legislation.
In February of 2021, the Washington Supreme Court declared Washington’s strict liability drug possession statute unconstitutional in State v. Blake. Prior to the court’s decision, RCW 69.50.4013 criminalized unintentional, unknowing possession of a controlled substance without a prescription—in other words, it was a felony to possess controlled substances, even if the person in possession had no knowledge of the possession. In the Blake decision, the court held that the law exceeded the state’s police power and violated the due process clauses of the state and federal constitutions. Moreover, the Blake court found that punishing people for innocent conduct exceeds the legislature’s powers. Consequently, Blake struck down the state law criminalizing possession of controlled substances as unconstitutional, thereby making it no longer a crime to possess controlled substances either knowingly or unknowingly.
As a result of Blake, the state legislature introduced three different bills in the 2021 legislative session. Two of the bills, Senate Bill 5468 and Senate Bill 5475, simply sought to amend the statute by inserting the word “knowingly” before the word “possess” to fix this issue that was central to Blake. Neither of those two bills progressed through the legislative session. The third bill, Senate Bill 5476, however, passed in May and becomes effective on July 25, 2021. This bill addressed by Blake by adding the word “knowingly” before “possess,” but it also lessens the punishment for possession of a controlled substance to a misdemeanor. Additionally, the bill focuses more on public health rather than on criminalizing drug possession by establishing greater treatment and recovery resources for individuals who possess controlled substances. Prosecutors may still exercise discretion in diverting or declining to file charges when they receive drug possession cases and are encouraged to divert such cases for treatment or other services as part of the public health aspect of the bill. The bill is set to expire on July 1, 2023, at which time the statute will revert to the language that existed when Blake was decided unless the legislature acts before then.
Blake and the passage of SB 5476 will have significant repercussions for people convicted of drug possession. According to the Department of Corrections (DOC), nearly 100 individuals incarcerated and 7,000 individuals who have been sentenced to community supervision on a simple possession conviction will have their convictions invalidated. The DOC also estimated that nearly 2,600 incarcerated individuals and nearly 3,900 individuals serving community supervision will be resentenced. For incarcerated persons who are released or resentenced under Blake, the DOC will provide a transition to assist those individuals with reentering the community and will connect them with services to support their success. Moreover, while there is no specific process in place yet for reimbursement of court-ordered fines and fees, money was set aside in the state’s budget for legal financial obligation reimbursement and may mean that individuals who have already made payments towards their fines and fees will receive repayment due to Blake.
If you or a loved one has a drug possession on your record, or if you were sentenced to another felony and your offender score for conviction was based off of a drug possession conviction, you may be eligible for resentencing or vacation due to Blake and SB 5476. Contact Lindsay Calkins to determine if the new law applies to you or an incarcerated loved one.