HB 1815 — Concerning prison riot offenses.

ENGROSSEDH-0319.3 SUBSTITUTE HOUSE BILL 1815 State of Washington 69th Legislature 2025 Regular Session By House Early Learning & Human Services (originally sponsored by Representatives Peterson, Cortes, and Goodman)Goodman READRead FIRSTfirst TIMEtime 02/21/25.02/04/25.

Referred to Committee on Early Learning & Human Services.

adding a new sectionssection to chapter 13.40 RCW;

and creating a new section;section.

and providing an effective date.

(b) For the purposes of RCW 9.94.010, the term "correctional institution" means any place designated by law primarily for the keeping of persons age 18 or older held in custody under process of law, or under lawful arrest, including state prisons, county and local adult jails, juvenile detention centers, and other facilities operated by the department of corrections, or local governmental units primarily for the purposes p.

1 ESHBHB 1815 corrections, or local governmental units primarily for the purposes of punishment, correction, or rehabilitation following conviction or adjudication of a criminal offense.

For the purposes of RCW 9.94.010, the term "correctional institution" does not include facilities operated by the department of children, youth, and familiesfamilies. or county juvenile detention facilities.

(d) The offense is a class C felony and the offender has been convicted of a new crime in this state, another state, or federal court in the five years prior to the application for vacation;

2 ESHBHB 1815 (d)(e) The offense is a class CB felony and theless offenderthan hasten beenyears convictedhave ofpassed asince new crime in this state, another state, or federal court in the fivelater yearsof: prior to the application for vacation;

(e) The offense is a class B felony and less than ten years have passed since the later of:

Nothing in this section affects or prevents the p.use of an offender's prior conviction in a later criminal prosecution, and nothing in this section affects the requirements for restoring a right to possess a firearm under RCW 9.41.040.

3p. ESHB 1815 use of an offender's prior conviction in a later criminal prosecution, and nothing in this section affects the requirements for restoring a right to possess a firearm under RCW 9.41.040.

3 HB 1815 (b) A conviction vacated on or after July 28, 2019, qualifies as a prior conviction for the purpose of charging a present recidivist offense occurring on or after July 28, 2019, and may be used to establish an ongoing pattern of abuse for purposes of RCW 9.94A.535.

(5) Every person convicted of a prison riot offense under RCW 9.94.010 who was incarcerated in a facility operated by the department of children, youth, and families or a county juvenile detention facility at the time of the offense may apply to the sentencing court for a vacation of the applicant's record of adjudication or conviction for the offense.

(1) In any criminal case where an offender has been sentenced for an offense where a conviction or adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentence, the prosecuting attorney shall, or the offender may, make a motion for relief from sentence to the original sentencing court.

(2) The sentencing court shall grant the motion for relief from sentence established in this section if it finds that a current or past conviction or adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentence and shall immediately set an expedited date for resentencing.

At resentencing, the court shall sentence the offender as if the current or past conviction for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility did not occur.

(1) In any juvenile offender case where an offender has been sentenced for an offense where an adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families was used as a basis for the offender's sentence or disposition, the prosecuting attorney shall, or the offender may, make a motion for relief from disposition to the original court that imposed the disposition.

4 ESHBHB 1815 (1)(2) InThe anycourt juvenilethat offenderimposed casethe wheredisposition anshall offendergrant hasthe beenmotion sentenced for anrelief offensefrom wheredisposition anestablished in this section if it finds that a current or past adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentencedisposition orand disposition,shall theimmediately prosecutingset attorneyan shall,expedited ordate the offender may, make a motion for reliefresentencing. from disposition to the original court that imposed the disposition.

(2)At Theresentencing, court that imposed the dispositioncourt shall grantimpose thea motion for relief from disposition establishedas in this section if itthe finds that a current or past adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families ordid anot countyoccur. juvenile detention facility was used as a basis for the offender's disposition and shall immediately set an expedited date for resentencing.

At resentencing, the court shall impose a disposition as if the current or past adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility did not occur.

A new section is added to chapter 13.40 RCW to read as follows:

(1) The department shall establish rules for including prison riot behavior as described in RCW 9.94.010(1) as an infraction that is managed through the internal behavioral management infraction system.

(2) By August 1, 2025, the department shall respond to prison riot behavior as described in RCW 9.94.010(1) that occurs in an institution using the internal behavioral management infraction system.

(3) The department may impose an infraction using the internal behavioral management infraction system for offenses that were vacated under section 2 of this act when appropriate.

NEW SECTION.

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5 ESHB 1815 NEW SECTION.

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This act takes effect August 1, 2025.

65 ESHBHB 1815