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Resentence Your Felony with Senate Bill 6164; Argue Youth Mitigation With Senate Bill 5488
If the original sentence no longer advances the interest of justice.” Let Smith & White, PLLC show the prosecutor that this applies to you. When we make that showing than the prosecutor can ask the Court to resentence you. If the court grants the petition, the court shall resentence you as if you had not previously been sentenced. The only limitation is that the new sentence cannot be greater than the initial sentence. It cannot get worse. So, you have nothing to lose.
Currently the RCW as to prosecutors only addresses the prosecutors’ authority generally
RCW 36.27 Prosecuting AttorneySections
| 36.27.005 | Defined. |
| 36.27.010 | Eligibility to office. |
| 36.27.020 | Duties. |
| 36.27.030 | Disability of prosecuting attorney. |
| 36.27.040 | Appointment of deputies—Special and temporary deputies. |
| 36.27.045 | Employment of legal interns. |
| 36.27.050 | Special emoluments prohibited. |
| 36.27.060 | Private practice prohibited in certain counties—Deputy prosecutors. |
| 36.27.070 | Office at county seat. |
| 36.27.100 | Statewide drug prosecution assistance program—Created. |
| 36.27.110 | Statewide drug prosecution assistance program—Advisory committee—Selection of project director. |
| 36.27.120 | Statewide drug prosecution assistance program—Personnel—Review of assignments—Supervision of special deputies. |
Senate Bill 6164 adds a new section which gives them an entirely new re-sentencing tool.
NEW SECTION. Sec. 2. A new section is added to chapter 36.27 RCW to read as follows: (1) The prosecutor of a county in which an offender was sentenced 20 may petition the sentencing court or the sentencing court's to resentence the offender if the original sentence no longer advances the interests of justice.
The court may consider post-conviction factors including the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, 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. Credit is given for all time served. These are suggested factors to consider at your re-sentencing. But these are not the limits. Is there something else that you think should be considered?
Combine this with Youth Mitigation just passed as Senate Bill 5488 and you have a compelling argument. Youth Mitigation is if you were sentence as an adult when you were under eighteen (18) years of age.
RCW Senate Bill 5488 adds to RCW 9.94A.533 Adjustments to Standard Range this language:
(15) Regardless of any provisions in this section, if a person is being sentenced in adult court for a crime committed under age eighteen, the court has full discretion to depart from mandatory sentencing enhancements and to take the particular circumstances surrounding the defendant's youth into account.
We are handling a number of these petitions in King and Pierce County. We also have one in Snohomish and are happy to help with Kitsap and Thurston County petitions.
Have you been working hard since you have been in custody? Was your original sentence too harsh because of systemic racism? The legislature has given tools to the prosecutor to fix your case. We can help get them to do so.
