SB 6164 Petitions
Washington State Law Allows Prosecutors to Reduce Sentences
Am I eligible for SB 6164 Relief?
The Washington State Legislature has recently recognized that many of the lengthy and harsh sentences imposed upon incarcerated individuals no longer advance the interests of justice. Moreover, the legislature and the Governor have acknowledged that the sentencing practices used thirty years ago are not appropriate today. Thanks to this shared recognition, the legislature has enacted Senate Bill 6164, which took effect in June of 2020.
The text of SB 6164 states that the purpose of sentencing is “to advance public safety through punishment, rehabilitation, and restorative justice.” To best serve this purpose when a sentence includes incarceration, Washington lawmakers have recognized that sentences need to stay proportionate to the seriousness of the crime and must provide uniformity with the sentences of individuals committing the same offense under similar circumstances. In passing SB 6164, the legislature has intended to provide the prosecutor and the court with another tool to ensure that the purpose of sentencing is achieved.
SB 6164 gives incarcerated persons an opportunity to petition prosecutors to advocate for their resentencing. Then, if the prosecutor accepts an individual’s petition, SB 6164 authorizes prosecutors to further petition the court to resentence the individual if their sentence no longer advances the interests of justice. In deciding whether to grant a prosecutor’s motion for resentencing under SB 6164, the court may consider the following factors:
· The incarcerated individual’s disciplinary record and record of rehabilitation while incarcerated, including treatment, programming, and employment;
· Whether the incarcerated individual’s risk for future violence is reduced based on their age, time served, or diminished physical condition;
· Changed circumstances since the original sentence, including serious medical conditions; and
· Additional reasons the original sentence no longer serves the interest of justice.
If the court grants a prosecutor’s petition under SB 6164, the court will resentence an individual as if the individual had not previously been sentenced. The new sentence cannot be longer than the original sentence.
There are no limits on the types of felony offenses available for resentencing through an SB 6164 petition. However, because this legislation only provides prosecutors with the legal authority to bring a petition for resentencing in the interest of justice, incarcerated individuals who seek resentencing through SB 6164 must be able to convince the prosecutor to petition for resentencing in the first place. They then must convince the court to grant their petition. Moreover, because the court will consider a number of different factors when deciding whether to resentence someone under SB 6164, an incarcerated individual seeking release through SB 6164 will need to compile several different documents. These include medical and disciplinary records; proof of participation in programming and treatment, if applicable; and character letters.
Because the process of preparing one’s case for an SB 6164 petition is quite extensive, it is important to have the assistance of qualified legal counsel. An attorney will help increase an incarcerated individual’s chances of having a prosecutor meaningfully review their petition since an attorney has significant resources to make a timely filing and can craft the best possible arguments. Contact Lindsay Calkins today for assistance with drafting and filing a 6164 petition for resentencing.