In 2020, the Washington State Legislature passed SB 6164, subsequently codified at RCW 36.27.130, giving elected prosecutors the discretion to petition the Superior Court for resentencing of an offender if their original sentence no longer advances the interests of justice.
Our office is committed to carrying out the word and spirit of the law, but also to using it sparingly and not substituting our emotions, sympathy, or political pressure for the will of the jury who may have determined factors relevant to sentencing (i.e., enhancements, aggravators, etc.) and the Judge who determined the sentence. The notions of finality, fairness, and the will of the People as reflected in the decision of a jury made up of average citizen peers of the defendants, and the judges elected by the People are at the foundation of an effective, dependable, and fair judicial system, and liberal application of resentencing erodes the bedrock principles upon which the Anglo-American judicial system has stood for nearly 1000 years.
Our office policy on application of RCW 36.27.130 is available below for reference on when and how we will consider exercising our discretion to request that a Court resentence an individual with a felony conviction.