→
Previous
Latest
ENGROSSED 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) READ FIRST TIME 02/21/25.
H-0319.3 HOUSE BILL 1815 State of Washington 69th Legislature 2025 Regular Session By Representatives Peterson, Cortes, and Goodman Read first time 02/04/25.
Referred to Committee on Early Learning & Human Services.
adding new sections to chapter 13.40 RCW;
adding a new section to chapter 13.40 RCW;
creating a new section;
and creating a new 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, and other facilities operated by the department of p.
(b) For the purposes of RCW 9.94.010, the term "correctional institution" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including state prisons, county and local jails, juvenile detention centers, and other facilities operated by the department of corrections, or local governmental units primarily for the purposes p.
1 ESHB 1815 corrections, or local governmental units primarily for the purposes of punishment, correction, or rehabilitation following conviction or adjudication of a criminal offense.
1 HB 1815 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 families or county juvenile detention facilities.
For the purposes of RCW 9.94.010, the term "correctional institution" does not include facilities operated by the department of children, youth, and families.
(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 ESHB 1815 (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 HB 1815 (e) The offense is a class B felony and less than ten years have passed since the later of:
(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.
Nothing in this section affects or prevents the 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 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.
p.
(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.
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.
(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 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.
(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 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.
(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 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.
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 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 ESHB 1815 (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 or a county juvenile detention facility 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 HB 1815 (2) The court that imposed the disposition shall grant the motion for relief from disposition established 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 was used as a basis for the offender's disposition and shall immediately set an expedited date for resentencing.
(2) The court that imposed the disposition shall grant the motion for relief from disposition established 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 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 did not occur.
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.
Sec.
6.
p.
5 ESHB 1815 NEW SECTION.
Sec.
7.
This act takes effect August 1, 2025.
6 ESHB 1815
5 HB 1815
⬇ Download PDF