SB 5663 — Establishing streamlined procedures for compliance with the State v. Blake decision in order to improve criminal justice system coordination, create efficiencies, and reduce costs.

NothingWhen inlegal thisfinancial actobligations limitspreviously theimposed abilityare ofindependently ansupported affectedby persona tononvacated challengeconviction, theno refund amountof aslegal insufficientfinancial uponobligations actualand noticecollection ofcosts themay refundbe amount.ordered by the court.

The(iii) affectedWhere persona willcause havenumber aincludes rightboth convictions for simple drug possession and other offenses not subject to thevacation, assistancebut imposition of counsellegal infinancial reviewingobligations for those offenses is discretionary with the determinationcourt, andthe incourt bringingshall set a goodhearing faithwith challengenotice into the courtdefendant thatand issuedan theopportunity order.to be heard on whether any nonvacated conviction supports imposition of legal financial obligations.

(ii)In Wherethe ainterests causeof numberjustice, includesthe bothprosecutor convictionsmay forwaive simplethis drughearing, possessionand, andif otherso, offensesthe notcourt subjectshall toorder vacationa underrefund theof Blakeall decision, legal financial obligations and collection costs paid under that cause numbernumber. shall not be refunded except where it is clear on the face of the judgment and sentence that a legal financial obligation arose solely from a vacated simple possession conviction.

Nothing in this act limits the ability of an affected person to challenge the refund amount as insufficient upon actual notice of the refund amount.

The affected person will have a right to the assistance of counsel in reviewing the determination and in bringing a good faith challenge in the court that issued the order.

(iii) Where a cause number includes a nonconviction record, the court shall order a refund of the legal financial obligations assessed to the defendant as part of a diversion program, deferred sentence, or similar program, including drug or other therapeutic court, and actually paid by the defendant or on the defendant's behalf.

The order shall further direct the superior court clerk or district court administrator to compute all legal financial obligations and collection costs paid by the person that arise from the vacated countscounts, or nonconviction record, which amounts shall be certified by the superior court clerk or the district court administrator, to the refund bureau created in section 5 of this act.

Following issuance of a refund under a cause p.number, the refund bureau shall file notice of the amounts paid with the superior or district court.

6 SSB 5663 number, the refund bureau shall file notice of the amounts paid with the superior or district court.

IfThe thecourt personshall isnotify indigent as defined in RCW 10.101.010, the courtlocal oroffice theof responsible local public defense authorityor shallproper appointappointing counsel.p.

For5 SB 5663 authority, appoint local defense counsel from the purposeslist published by the Washington state office of thispublic chapter,defense, incarceratedor, personswhere areno presumeddefense indigent.counsel is listed for the jurisdiction, contact the Washington state office of public defense.

The court shall notify the local office of public defense or local defense administrator, or where no local office or local administrator exists, notice shall be sent to the Washington state office of public defense.

Within ninesix months of the effective date of this section, the prosecutor shall certify to the administratordirector of the administrative office of the courts that all such warrants have been submitted to a judicial officer for action quashing the warrant.

If exceptional circumstances apply, and a prosecutor cannot meet the six-month deadline, the prosecutor shall provide an estimate for a reasonable extension to the administratordirector. of the administrative office of the courts.

(8) Within appropriated funds, the administratordirector of the administrative office of the courts shall contract with each county to ensure sufficient availability of clerks, prosecutors, defenders, judicial officers, and courtroom space.space to complete all work required by this section within three years of the effective date of this section.

The director of the state office of public defense shall contract with each county to ensure sufficient availability of defenders to complete all work required by this section within five years of the effective date of this section.

The work required by this section is deemed complete when all warrants have been quashed and all cause numbers on the report have been dismissed, vacated, resentenced, or otherwise addressed through a "Notice of Blake Correction."Disposition." The superior court clerk or district court administrator shall track resolution of all cause numbers on the report.

On a quarterly basis, p.the superior court clerk and the district court administrator shall report the following to the director:

7 SSB 5663 the superior court clerk and the district court administrator shall report the following to the administrator of the administrative office of the courts:

(c) cases where the prosecutor has filed a "Notice of Blake Correction";Disposition";

IfThe court shall notify the personlocal isoffice indigentof aspublic defineddefense inor RCWproper 10.101.010,appointing authority, appoint local defense counsel from the courtlist orpublished by the responsibleWashington localstate office of public defense, or, where no defense authoritycounsel shallis appointlisted counsel.for the jurisdiction, contact the p.

For6 theSB purposes5663 ofWashington thisstate chapter,office incarceratedof personspublic aredefense. presumed indigent.

TheA courtmotion shallfor notifyresentencing the local office of public defense or localvacation defenseunder administrator,Blake ordoes wherenot noconstitute locala officecollateral orattack localas administratorset exists,forth noticein shallchapter be10.73 sentRCW. to the Washington state office of public defense.

A motion for resentencing or vacation under Blake is not subject to the restrictions in chapter 10.73 RCW and does not adversely impact the defendant's ability to bring subsequent collateral attacks on different grounds.

Nothing in this section precludes a person from appealing any order entered under this section.

(1) Within sixthree months of the effective date of this section, each city with a municipal court shall determine whether the Blake decision applies to any municipal convictions for simple drug possession since 1971.

If requested by the city, the administrator of the administrative office of the courts shall coordinate with the municipal court administrator to develop a comprehensive report for each city of all persons withconvicted existingof convictions for simple drug possessionpossession. since 1971.

The report will be based on available court records and list convictions and nonconvictions chronologically by cause number in a readily searchable and sortable format.

For each cause number that includes a conviction subject to vacation under the Blake decision, the report shall include the person's name, birth date, last known address, date of the judgment and sentencesentence, or dismissals pursuant to successful completion of a diversion program, a listing of all conviction counts for simple drug possession in the judgment and sentencesentence, or dismissal, and a listing of all conviction counts for other offenses in the judgment and sentence.

The administrator will p.indicate any period of time where court records are unavailable.

8 SSB 5663 indicate any period of time where court records are unavailable.

The municipal court administrator shall develop a similar report of all sealed cases of persons convicted of simple drug possession since 1971.

and (d) the person has a past conviction or nonconviction for a qualifying offense.

Within sixthree months of the city's request under subsection (1) of this section, the administrator shall complete the report for persons under (a), (b), or (c) of this subsection.

For persons under (d) of this subsection, the administrator shall complete the report within ninesix months of the city's request under subsection (1) of this section.

Reports(3) compiledUpon underavailability, thisthe sectionadministrator areshall exemptprovide fromcompleted publicinstallments disclosure.of the report of convictions to the city prosecutor and the municipal court administrator.

(3)The Uponcity availability,prosecutor the administrator shall providereview completedeach installmentscause ofnumber on the report of convictions and nonconvictions to thedetermine localwhether publica defenseperson's offices,convictions thefor Washingtonsimple statedrug officepossession ofare publicproperly defense,subject cityto prosecutors,vacation andunder the municipalBlake courtdecision. administrator.

LocalWhen public defense offices shall provide initial review of cause numbers compiled under subsection (2)(a) through (c) of this section to determine whether a person's conviction is subject to vacation under the Blakecity decisionprosecutor andp. to provide an initial assessment as to case priority, unless the local jurisdiction requests such review from the Washington state office of public defense.

Following7 suchSB review,5663 thedetermines localthat officea ofconviction publicis defensesubject orto thevacation, Washington state office of public defense will provide the appropriateprosecutor localshall prosecutorprepare withan aex listparte ofmotion causeunder numbersCrRLJ compiled7.8 underasking subsectionthe (2)(a)court throughto (c)vacate ofthe thisperson's sectionprior toconviction beor prioritizedconvictions for Blakesimple relief.drug possession.

Individuals currently under the jurisdiction of the department of corrections, whose possession vacations would result in a shortened sentence, are to be prioritized for resentencing.

The city prosecutor shall review each cause number on the report compiled under subsection (2)(d) of this section to determine whether a person's convictions or nonconviction data is subject to vacation under the Blake decision.

A conviction or nonconviction is subject to vacation under the Blake decision if it was a conviction or charge p.

9 SSB 5663 for simple drug possession.

When a person, or the person's legal representative, informs the prosecutor that the person is facing immigration consequences, such as deportation or bars to obtaining lawful status, the prosecutor shall prioritize the case.

The prosecutor shall also prioritize cause numbers compiled under reports provided by local public defense offices or the Washington state office of public defense.

When the city prosecutor determines that a conviction or nonconviction data is subject to vacation, the prosecutor shall prepare an ex parte motion under CrRLJ 7.8 asking the court to vacate the person's prior conviction or convictions for simple drug possession.

If the prosecutor determines that a conviction or nonconviction data is improperly included on the reportreport, due to a clerical error because the actual conviction on the judgment and sentence is not a conviction for simple drug possession, the prosecutor shall file a "Notice of Blake Correction"Disposition" withthat thecontains municipala courtshort administratorwritten andexplanation sendwith notice to the affectedmunicipal personcourt atadministrator. the person's last known address.

A copy shall also be sent to the local office of public defense or local defense administrator, or where no local office or local administrator exists, notice shall be sent to the Washington state office of public defense.

Defense counsel shall be appointed to a person who has been precluded from obtaining a vacation to assist the person in understanding the person's options for challenging the decision, and to assist the person in bringing a good faith challenge to the decision.

If the person is indigent as defined in RCW 10.101.010, the court or the responsible local public defense authority shall appoint counsel.

For the purposes of this chapter, incarcerated persons are presumed indigent.

For all purposes, including responding to questions on employment applications, a person whose conviction has been vacated may state p.that the person has never been convicted of that crime.

10 SSB 5663 that the person has never been convicted of that crime.

Nothing(ii) inWhere thisa actcause limitsnumber theincludes abilityboth ofconvictions anfor affectedsimple persondrug possession and other offenses not subject to challengevacation under the refundBlake amountdecision, asthe insufficientcourt uponshall actualdetermine noticewhether ofany nonvacated convictions independently support the refundcourt's amount.imposition of legal financial obligations.

TheWhen affectedlegal personfinancial willobligations havepreviously aimposed rightare toindependently thesupported assistanceby of counsel in reviewing the determination and in bringing a goodnonvacated faithconviction, challengeno inp. the court that issued the order.

(ii)8 WhereSB a5663 causerefund numberof includes both convictions for simple drug possession and other offenses not subject to vacation under the Blake decision, legal financial obligations and collection costs paidmay under that cause number shall not be refundedordered exceptby where it is clear on the facecourt. of the judgment and sentence that a legal financial obligation arises solely from a vacated simple possession conviction.

Nothing(iii) inWhere thisa actcause limitsnumber theincludes abilityboth ofconvictions anfor affectedsimple persondrug possession and other offenses not subject to challengevacation, but imposition of legal financial obligations for those offenses is discretionary with the refundcourt, amountthe ascourt insufficientshall uponset actuala hearing with notice ofto the refunddefendant amount.and an opportunity to be heard on whether any nonvacated conviction supports imposition of legal financial obligations.

TheIn affectedthe personinterests willof havejustice, athe rightprosecutor tomay thewaive assistancethis ofhearing, counseland, inif reviewingso, the determinationcourt andshall inorder bringing a goodrefund faithof challengeall inlegal thefinancial courtobligations thatand issuedcollection thecosts order.paid under that cause number.

(iii) Where a cause number includes a nonconviction record, the court shall order a refund of the fees assessed to the defendant as part of a diversion program, deferred sentence, or similar program, and actually paid by the defendant or on the defendant's behalf.

The order shall further direct the municipal court administrator to compute all legal financial obligations and collection costs paid by the person that arise from the vacated countscounts, or nonconviction record, which amounts shall be certified by the municipal court administrator, to p.the refund bureau created in section 5 of this act.

11 SSB 5663 the refund bureau created in section 5 of this act.

IfThe court shall notify the personlocal isoffice indigentof aspublic defineddefense inor RCWproper 10.101.010,appointing authority, appoint local defense counsel from the courtlist orpublished by the responsibleWashington localstate office of public defense, or, where no defense authoritycounsel shallis appointlisted counsel.for the jurisdiction, contact the Washington state office of public defense.

For the purposes of this chapter, incarcerated persons are presumed indigent.

The court shall notify the local office of public defense or local defense administrator, or where no local office or local administrator exists, notice shall be sent to the Washington state office of public defense.

Within ninesix months of the effective date of this section, the prosecutor shall certify to the administratordirector of the administrative office of the courts that all such warrants have been submitted to a judicial officerp. for action quashing the warrant.

If9 exceptionalSB circumstances5663 apply,officer and a prosecutor cannot meet the nine-month deadline, the prosecutor shall provide an estimate for aaction reasonablequashing extension to the administratorwarrant. of the administrative office of the courts.

(8)If Withinexceptional appropriatedcircumstances funds,apply, theand administratora ofprosecutor thecannot administrativemeet officethe ofsix-month deadline, the courtsprosecutor shall contractprovide withan eachestimate cityfor toa ensurereasonable sufficientextension availability of clerks, prosecutors, defenders, judicial officers, and courtroom space to complete all work required by this section within five years of the effectivedirector. date of this section.

(8) Within appropriated funds, the director shall contract with each city to ensure sufficient availability of clerks, prosecutors, defenders, judicial officers, and courtroom space to complete all work required by this section within three years of the effective date of this section.

The work required by this section is deemed complete when all warrants have been quashed and all cause numbers on the report have been dismissed, vacated, resentenced, or otherwise addressed through a "Notice of Blake Correction."Disposition." The municipal court administrator shall track resolution of all cause p.numbers on the report.

12On SSBa 5663quarterly numbersbasis, onthe municipal court administrator shall report the report.following to the director:

On a quarterly basis, the municipal court administrator shall report the following to the administrator of the administrative office of the courts:

(c) cases where the prosecutor has filed a "Notice of Blake Correction";Disposition";

IfThe court shall notify the personlocal isoffice indigentof aspublic defineddefense inor RCWproper 10.101.010,appointing authority, appoint local defense counsel from the courtlist orpublished by the responsibleWashington localstate office of public defense, or, where no defense authoritycounsel shallis appointlisted counsel.for the jurisdiction, contact the Washington state office of public defense.

For the purposes of this chapter, incarcerated persons are presumed indigent.

The court shall notify the local office of public defense or local defense administrator, or where no local office or local administrator exists, notice shall be sent to the Washington state office of public defense.

A motion for resentencing or vacation under Blake is not subject to the restrictions in chapter 10.73 RCW and does not adversely impact the defendant's ability to bring a subsequent collateral attack on different grounds.

Nothing in this section precludes a person from appealing any order entered under this section.

Prior to establishment of the refund bureau, the superior court clerk, the district court administrator, or the municipal court administrator may initiate payment of legal financial obligations out of funds appropriatedp. by the state for this purpose.

10 SB 5663 appropriated by the state for this purpose.

(2) Within appropriated funds, the refund bureau shall issue refunds of legal financial obligations and collection costs to eligible persons with vacated convictions for simple drug possession in the amounts certified by the superior court clerk, the district p.court administrator, or the municipal court administrator pursuant to a court vacation order.

13 SSB 5663 court administrator, or the municipal court administrator pursuant to a court vacation order.

No civil action may be filed against the state, counties, or cities that have requested assistance under sectionsubsection 4 (1) of this act,section, nor may such an action be filed against any officials, employees, or agents of those entities seeking a refund of legal financial obligations and collection costs, other damages, or any other type of relief in connection with a prior or vacated conviction for simple drug possession.

(5) Any person seeking a refund of legal financial obligations and collection costs arising from a vacated conviction for simple drug possession shall have seven10 years from the effective date of this section to complete his or her application to the refund bureau.

Any legal financial obligations and collection costs that have not been claimed within this seven-year10-year period will escheat to the state.

The refund bureau established in this section will terminate operation seven10 years and one month after the effective date of this section.

NEWp. SECTION.

11 SB 5663 NEW SECTION.

(2) A person seeking vacation of a conviction within the time period where court records are unavailable may prove the existence of p.the conviction through a declaration accompanied by copies of a judgment and sentence, or official records reporting the conviction.

14 SSB 5663 the conviction through a declaration accompanied by copies of a judgment and sentence, or official records reporting the conviction.

This act is necessary for the immediate preservation of the public peace, health, or safety,p. or support of the state government and its existing public institutions, and takes effect immediately.

12 SB 5663 safety, or support of the state government and its existing public institutions, and takes effect immediately.

1513 SSBSB 5663