SB 6164: A New Law Offers a Second Chance
By Laura Robinett
Prosecutors can get it wrong. Judges can get it wrong. Even defense attorneys can get it wrong. When professionals in the criminal legal system get things wrong, the consequences can be devastating for defendants. Perhaps nowhere is this more apparent than in the area of sentencing. Washington’s prisons are filled with people who are serving long sentences because someone got it wrong. A prosecutor decided to charge a defendant with multiple firearms enhancements, knowing this would result in an exorbitant sentence. A defense attorney failed to present mitigating information to the judge— like their client’s community involvement, family support, or history of trauma. A judge, moved by the words of a victim’s family, imposed a harsh sentence on a defendant who was not primarily responsible for the crime.
The Washington legislature recently passed a law which recognizes that our system sometimes gets things wrong. This law, SB 6164, provides a second look—a way for courts to reconsider a defendant’s sentence. SB 6164 took effect on June 11, 2020. It is now codified as RCW 36.27.130. The law states:
(1) The prosecutor of a county in which an offender was sentenced for a felony offense may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice.
(2) The court may grant or deny a petition under this section. If the court grants a petition, the court shall resentence the defendant in the same manner as if the offender had not previously been sentenced, provided the new sentence, if any, is no greater than the initial sentence.
This law allows prosecutors to petition the court to resentence a person “if the person’s sentence no longer advances the interests of justice.” If a judge agrees, the incarcerated person will be re-sentenced— possibly knocking years or even decades off their sentence.
For people who have been given harsh sentences, this law is an exciting new avenue for relief. But defendants seeking relief under this new law face two hurdles. First, they must convince a prosecutor to petition the court for resentencing. Prosecutor’s offices across the state are developing their own guidelines for re-sentencing under RCW 36.27.130. A King County prosecutor has indicated that their office will prioritize cases with sentences over 20 years where the defendant was under 25, 3 strike cases where one of the strikes is a second-degree robbery, and lengthy sentences where weapons enhancements make up a large portion of the sentence. Conversely, a prosecutor in Chelan county has indicated his office will prioritize cases where the defendant has taken responsibility for their actions and taken steps towards personal growth while in prison.
If a defendant is able to convince a prosecutor to petition on their behalf, a judge must then grant the petition for re-sentencing. This requires a compelling courtroom presentation which blends the facts of the defendant’s case with strong legal analysis. Courts can consider factors such as the defendant’s infraction record and rehabilitation efforts, age, time served, and evidence of changed circumstances.
Given these hurdles, people hoping to utilize RCW 36.27.130 should strongly consider hiring an experienced criminal defense attorney. A good attorney will ask detailed questions about their client’s life before, during, and after their criminal prosecution. They will gather records, pleadings, and other evidence to show the prosecutor that their client deserves a second chance. Finally, they will represent their client in court to convince the judge that justice demands re-sentencing.
At Gause Law Offices, we take a holistic approach to these re-sentencing cases. We have developed a detailed questionnaire which asks questions about our client’s life before, during, and after their criminal prosecution. We use this information to gather records, such as DOC infraction history, program certificates, educational records, and medical records. We reach out to our clients’ friends and family to provide more information and write letters of support. We contact our clients’ prior counsel and review sentencing documents, appeals, and trial records. We work closely with our clients to help them tell their stories in a way that will be compelling to the prosecutor and judge. Finally, we use our legal expertise and years of experience with felony sentencing to formulate an air-tight case for our clients— possibly shaving years or even decades off their sentences.
If you or a loved one were given a harsh sentence, RCW 36.27.130 may be an option for relief. Call Gause Law Offices today for a free consultation – 206-660-8775.