Lawmakers weigh proposal to let certain people out of prison early

OLYMPIA, Wash. – State lawmakers are considering legislation to let certain inmates in prison apply for resentencing, prompting debate about rehabilitation and accountability. House Bill 1125, also called the “Judicial Discretion Act,” would establish a process to allow inmates to petition a court to change their sentence. The process is already available to prosecutors.

With the exception for those sentenced as “persistent offenders” or convicted of first-degree aggravated murder, any inmate could apply for a hearing after serving a minimum amount of time or having a certain medical condition.

The petitioner would need to show they’ve made changes in their behavior and have a low risk of reoffending. Ultimately, it would be up to a judge whether that inmate could get out sooner than sentenced.

“This population who does get out has a less than 1% recidivism rate,” said prime sponsor State Representative Tarra Simmons (D-Bremerton) at the bill’s first hearing on January 23.

Simmons pointed to her own experience of being incarcerated in trying to make changes to the criminal justice system. She highlighted provisions that would keep crime victims involved in the modification process, like notices about petitions and hearings, and provide them with advocacy services like financial assistance.

“Every 12 years we shave off a sentence, we’re saving a million dollars,” Simmons said. “But right now we underfund victim services. And all the money that we’regonna save from this, I want to put it into victim services.” One man who received a resentencing initiated by a prosecutor told the House Community Safety Committee on Thursday there are plenty of people behind bars who should receive careful consideration to be released. “We’re not asking them to let everybody out,” said Jacob Schmitt. “We’re asking to have the opportunity to have a professional judge to review the totality of things. To include who the person is today and the things that they have done to demonstrate extraordinary rehabilitation so they might be returned to the community.” But not everyone agrees. One woman whose brother was murdered told the committee the bill prioritizes the rights of violent individuals over those who were affected by their violence. “By allowing offenders who have already demonstrated a willingness to assault and kill to petition for resentencing–this legislation, it jeopardizes public safety and retraumatizes families like mine,” Krista Stogner testified. “I’ve heard the word ‘retribution’ used, and ‘retribution’ is the act of seeking revenge,” said former victim’s advocate Tiffany Attrill. “It is not ‘retribution’ for a victim’s family to want the judicial system to uphold the commitment when a sentence is imposed.” Other opponents say clemency and pardons should be used to release those who have reformed. They also raised concerns about court caseloads increasing with the resentencing requests. State Representative Lauren Davis (D-Shoreline) said she is struggling with how to vote on or amend the bill because of instances where judges release people who go on to commit other crimes. “How can I have confidence in granting more discretion to judicial officers when I have some concerns about the ability of some judges to assess dangerousness and prioritize public safety,” she said at the bill’s first hearing. The bill is currently slated for a committee vote on February 6. Albert James is a television reporter covering state government as part of the Murrow News Fellowship program – a collaborative effort between news outlets statewide and Washington State University.