WA bill would give judges discretion to reduce felons' sentences

(The Center Square) – Washington state lawmakers are contemplating a bill that, if enacted, would give judges discretion to reduce the sentences of convicted felons, including those convicted of violent crimes and murder. However, some legislators have raised concerns about whether or not such authority should be granted due to concerns about public safety.

Unlike other states, Washington does not have a parole process by which felons can be released prior to the court imposed sentence, as the Legislature abolished it in 1984. A county prosecutor can petition the court to have a felon resentenced “if the original sentence no longer advances the interests of justice.”

House Bill 1125 sponsored by Rep. Tarra Simmons, D-Bremerton, would create a process for convicted felons to petition the sentencing court for a reduced sentence, with the Office of Public Defense required to legally represent them. The state Department of Corrections would be required to provide incarcerated felons notices of when they are eligible to petition. The only felons not eligible to petition the court would be those sentenced as a persistent offender or for aggravated murder in the first degree.

The first convicted felon to serve in the Legislature, Simmons told the House Community Safety Committee at the bill’s Thursday public hearing that her experience in prison has helped her "really understand this issue from both angles, and I have a lot of empathy and trying my best to make a restorative system.”

She added that the increasing costs of housing felons has become a significant financial burden to the state, especially as they age.

“Now we have people who are old in our prisons and we're getting sued all the time because they're not set up to be nursing homes," she said. "If you look at the people who have gotten clemency ... the recidivism rate is very, very low. It's not an issue of public safety. It is more an issue of caring for our victims and making sure that they have the healing supports that they need.”

Incarcerated felon Azias Ross, testifying in favor of the bill, said he is serving a sentence of more than 30 years due to nine consecutive weapon enhancement violations, even though the judge in the case was not in favor of such a long sentence.

“If my judge had the authority to do what he said he would certainly do, I will be contributing to the community from in the community," he said. "For the sake of my situation and others like mine, our sentencing judges must have the mechanisms to recognize rehabilitation and the authority to grant relief.”

However, other testifying against the bill argued that it would enable activist judges to release criminals for ideological reasons.

“This has to be one of the most disgusting bills I've seen come before this Legislature,” Anthony Mixer with the Washington State Young Republicans told the committee. “If you commit the crime, there's consequences and you should be punished to the extent for which the law provides. Do the citizens of Washington of favor, and start enforcing law and order.”

Also testifying against the bill was Krista Stogner, who told the committee her brother was murdered in 2019 after an individual was released after attempting to kill someone else.

“Our family has been shattered by this tragedy and the lost haunts us every single day,” she said. “You know, I understand the concept of second chances. This bill really fails to address the irreversible damage caused by violent offenders.”

In support of HB 1125 was King County Superior Court Judge Veronica Galvan, who is also a faculty member for the Washington State Judicial College.

“We know that past policies have had a disparate and disproportionate impacts on certain communities and Washington state,” she said. “I think that there is opportunity here for both the victims and offenders to hold to the concept that people are capable of changing and to reconcile ourselves with what we've done.”

However, Rep. Lauren Davis, D-Shoreline, noted to Galvan that last month released a defendant who went on to kill a 15-year-old boy, while another released tied a 14-year-old boy to a tree and disemboweled him. Seattle talk radio show host Jason Rantz has also documented other instances of Galvan releasing defendants, including teens threatening to shoot up people in Chinatown with an automatic Glock.

At the public hearing, Davis told Galvan said “if I vote for this policy, some of these incarcerated individuals are released and then they do reoffend, I consider myself culpable. How can I have confidence in granting more discretion to judicial officers when I already have concerns about the ability of some judges to assess dangerousness and prioritize public safety?”

Galvan replied that she couldn’t speak to the specific cases Davis cited, but said, “I will tell you that each and every single judge takes each and every single decision seriously. I've been a judge for 23 years. I'm not going to be perfect.”

She added that she tries to look at a defendant from the perspective of “is this person somebody who might have a shot if they're given supports and opportunities? Sometimes that works.”

HB 1125 is scheduled for a continued public hearing Jan. 30.