2023 Legislative Summary

HB 1169 eliminates the state’s last remaining mandatory LFOs and requires courts to waive the Victim Penalty Assessment (VPA) for indigent individuals and eliminates the DNA collection fee and replaces those fees with alternative, reliable state funding sources. For youth, HB 1169 eliminates the mandatory VPA and DNA collection fee, as well as the remaining few, discretionary non-restitution fees, and makes past fees uncollectable.

SB 5134 changed the language for gate money allowance from a set $40 to “no less than $40”, which allows for the gate money amount to be determined during the budget process each biennium, versus being a set dollar amount in the statute that cannot be increased without new legislation. The gate money upon release was increased in the budget to $300. In future years this amount can be adjusted in the budget without requiring new legislation. 

SB 5046 expands the circumstances in which counsel may be appointed at state expense to include a first, timely personal restraint petition for indigent people incarcerated in a juvenile rehabilitation or adult correctional facility. Counsel may be appointed where the legislature has created an ability to petition a sentencing court, or when a final decision by an appellate court creates the ability to challenge a conviction or sentence. It further requires the Office of Public Defense to study the barriers to providing post conviction counsel to indigent people.

Any money sent to a person incarcerated in DOC from family or other outside sources for the purchase of commissary items is no longer subject to any deductions and may only be used for the purchase of commissary items.

A juvenile court adjudication may not be included in a defendant’s offender score for the purpose of adult felony sentencing except for adjudications for murder in the first or second degree or a class A felony sex offense. Unfortunately, this bill was passed without retroactivity, which means those individuals currently serving sentences will not be eligible for relief under this bill. Advocates are committed to ensuring that the policy changes in 1324 apply to people who are currently incarcerated and will continue fighting for retroactivity during the next legislative session. People who are currently being harmed by this, now outdated, policy should not be left behind.

HB 1394 changes the registration requirements for youth who commit sex offenses to align with current scientific knowledge about youth and their development. The bill limits the requirement of registration for juveniles to a subset of crimes, it reduces the criminal classification of failure to register to a gross misdemeanor (rather than a felony), and reduces the length of time for which registration is required to two years, unless the person was 15 to 17 years of age who are required to register for a class A offense, in which case they are required to register for three years. The registration requirement extinguishes after the relevant time period without the need for a petition from the person.

Funding is provided to study the types of legal financial obligations (LFO), total amount of LFOs collected, total amount of outstanding LFO debt, amount of LFOs that are uncollectible and to conduct LFO reviews required by HB 1169.

Funding is provided for the partnership council for juvenile justice to consider and provide recommendations regarding retention, dissemination, confidentiality, sealing, consequences, and general treatment of juvenile court records.

Funding in the amount of $180,000 over the years 2024 and 2025 is provided for the Secretary of State’s office to contract with the University of Washington Evans school of public policy and governance to examine processes for providing voting registration, voting materials, and voting assistance for people held in Washington jails.

Funding is provided for the development and implementation of a program to support pathways from prison to UW’s Tacoma campus.

Funding is provided to pay incarcerated individuals participating in correctional industries Class III work programs wages or gratuities of no less than $1 an hour.

Funding is provided for the Administrative Office of the Courts to contract with an equity and justice nonprofit organization to expand the capacity of an existing equity dashboard program to review and organize criminal case data.

Funding is provided for WSIPP to study the contracting practices goods and services, and manufactured products, made or offered by correctional industries to state agencies and various political subdivisions within the state. The report is due June 30, 2025.

Funding is provided for Washington State Institute for Public Policy (WSIPP) to study costs to incarcerated individuals and their families, including commissary, education, and phone calls. A report is due June 30, 2025.

Funding is provided for an organization that provides gang intervention, drug diversion activities, and other intervention services that assist to build relationships and mentorships (through the use of credible messenger mentorships in Kitsap County) with youth and families who are at high risk to perpetrate violence and who reside in areas with high rates of violence.

Funding is provided for re-entry student support staff to provide a direct link between The Evergreen State College’s educational programs and transitioning of formerly incarcerated students.

Funding is provided for re-entry student support staff to provide a direct link between The Evergreen State College’s educational programs and transitioning of formerly incarcerated students.

Funding is provided for WSIPP to update its Adult Corrections Inventory of evidence-based, research-based, and promising programs and expand the Inventory to include new programs that were not included in the last published WSIPP inventory in 2018. A preliminary report is due by December 31, 2023, and a final report is due by December 31, 2024.

Funding is provided for grants to community organizations to provide reentry services and supports.

Funding is provided for OCVA to provide funding to crime victim service providers consistent with OCVA’s state plan for federal Victims of Crime Act funding. Of this amount, $4 million is provided for culturally specific services for crime victims from historically marginalized populations, and $4 million is provided to enhance and develop additional services for tribal members.

Funding is provided for a grant to a nonprofit organization serving King and Snohomish counties to provide legal advocacy and other services for criminal justice-involved individuals who have previously experienced domestic, sexual, or gender-based violence.

Funding in the amount of $175k is provided to prepare a mental and physical health evaluation of incarcerated persons who are in solitary confinement for a specified period of time. The report is due June 30, 2024. The remaining amount of $125k is provided for the Office of the Corrections Ombuds to prepare a report on incarcerated persons who have been in solitary confinement or restrictive housing for more than 120 days.