Frequently Asked Questions
General
What is State v. Blake?
On February 25, 2021, the Washington State Supreme Court issued an opinion in State of Washington v. Blake (pdf), declaring that RCW 69.50.4013, Washington’s simple possession of a controlled substance statute, violates the due process clause of the state and federal constitutions and is therefore void.
Who is affected?
Individuals convicted and serving a sentence of simple possession of a controlled substance, as well as additional convictions, may be impacted. This includes individuals currently incarcerated, as well as those on community supervision.
How are individuals convicted of simple possession impacted?
Because the Washington State Supreme Court declared the statute to be constitutionally void, Washington courts will apply State of Washington v. Blake (pdf) to anyone convicted under the RCW 69.50.4013 statute prior to February 2021. This means convictions may be vacated, amended, dismissed, etc. by an order from the court.
What can the Washington State Department of Corrections do?
The role of Corrections is to carry out sentences imposed by courts. The Department does not have the authority to amend/correct or vacate judgments and sentences. The Department cannot unilaterally correct a judgment and sentence and must wait for the court to issue an order vacating conviction, amending judgment, dismissal or directing release. The Department receives and processes orders from the court.
The Department has identified potentially impacted individuals. With this information, the agency is refunding paid Cost of Supervision fees for individuals who are impacted. In addition, the agency meets with impacted individuals to ready them for transition to the community where appropriate.
The Department coordinates with the Superior Court Judges Association, Washington Association of Prosecuting Attorneys, Washington State Office of Public Defense, and the Administrative Office of the Courts to appropriately respond to the Blake decision.
I am not incarcerated, but I am serving community supervision on a sentence of possession. Am I affected?
You may be and may wish to contact an attorney or public defender to inquire on your behalf. You can also ask your Community Corrections Officer (CCO) for an Unconditional Commutation Petition to sign. This goes to the Office of Public Defense (OPD) and is signed off by the Governor.
I am serving a sentence of simple possession of a controlled substance. What should I do?
The Department must wait for the court to issue an order vacating conviction, amending judgment, dismissal or directing release. Also, the Department can’t provide legal advice. You may wish to contact an attorney, public defender, or contact the Washington State Office of Public Defense.
A family member is incarcerated on a drug related charge or is pending a resentence. Will they simply be released with no support?
The Department works to provide a transition for incarcerated persons reentering the community, as well as connecting them with services to support their success. We will work to try to provide this transition if we receive advance notice from the court or the family, but we are not in control of the notice or timing of court actions. Contact DOCResentencePlanning@doc.wa.gov (email) to ask for transitional support for your loved one.
How soon will I/my family member be released?
The Department does not make that determination and must wait for the court to issue an order vacating conviction, amending judgment, dismissal, or directing release.
If my convictions are vacated, will I still be required to release to my county or origin?
For individuals serving confinement time only for a conviction for Possession of a Controlled Substance and have no prior community supervision obligations, they are not required to release to their county of origin.
For those individuals serving confinement time only for a conviction of Possession of a Controlled Substance (RCW 69.50.4013) and have prior community supervision obligations, they are also not required to release to their county of origin. However, if they are serving confinement time for other convictions and are required to have an approved release plan, they will be required to release to their county of origin unless they meet one or more statutory exceptions.
What legal access resources are available for those currently incarcerated?
Individuals in a prison facility can utilize the telephones available to incarcerated individuals or the legal mail process to contact their attorney, public defender, or facility contract attorneys. Other resources may be available in the facility’s law libraries or resource rooms. They may also utilize the options outlined in DOC 590.500 Legal Access for Incarcerated Individuals (pdf).
Individuals can also contact the Washington State Office of Public Defense to ask about a case.
Cost of Supervision Refunds FAQ
Will DOC issue refunds without a court order vacating the Blake-eligible conviction?
No, the Department will not review a COS account until at least one vacate order has been processed by the DOC Records Unit.
Does the vacate order need to have language specifying a review of COS paid must be completed?
No, the order does not need to direct the DOC to issue a refund for causes vacated under Blake. The DOC will proactively refund following receipt of the order.
What if an order is received with specific language referencing the amount of COS the Department is to refund?
Following review of the COS account, if there is a discrepancy in the amount ordered by the court to refund and amount to refund following the account review, the Department will contact the court requesting a modified order.
I just found my letter that says I have a refund but it’s past the 60 days. What do I do?
Return the Blake Cost of Supervision Refund Address Verification form (DOC 06-065) (word)to the Department and we will try to assist you as much as possible in getting the refund processed.
How can I ensure the DOC has my current mailing address?
You may e-mail the DOCBlakeCOS@doc1.wa.gov (email) and provide an updated address for future contact.
My refund check has been processed to unclaimed property. What do I do?
- Complete DOC 09-012 Request for Unclaimed Property (msword) form.
- For supervised individuals (incarcerated or community), the form must be signed in the presence of a staff member or Community Corrections Officer (CCO) who can make positive identification. The staff member or CCO that witnesses the signature will sign on the certification line. The second certification signature should be the institution’s business manager, the reentry supervisor or the CCO’s supervisor.
- If you are no longer under the jurisdiction of the Department, your signature must be notarized.
- Leave the file number field blank.
- Return the completed form to us via one of the three methods listed below:
- Mail – Send to the following mailing address:
- Email – DOCBlakeCOS@doc1.wa.gov (email)
- Drop off – At any WA State DOC Office (for forwarding to our unit)
Attn: CCD LFO/COS Unit
PO Box 41126
Olympia, WA 98504-1126
Will receiving a refund affect my social security benefits?
Refunds of both COS and LFOs may impact your benefits. A resource guide is available on Civil Survival’s website: Blake Refund Check and Social Security Benefits
Legal Financial Obligations Refunds FAQ
How do I request for a refund for LFO payments made from a Blake conviction?
DOC is not responsible for refunding LFOs. The Administrative Office of the Courts (AOC) created a Blake Refund Bureau where you can apply for LFO refunds through their online portal.
I am not sure if all my prior Blake convictions have been vacated. Can I still apply for the LFO refund?
Yes. AOC will hold on to each application for causes that have not yet been vacated. For information on vacating Blake convictions in district or superior (county) courts, contact the Washington State Office of Public Defense.
Are third party expenses paid (such as treatment) as a result of a Blake eligible conviction refunded?
There is a separate process for this. You may want to contact an attorney. For individuals incarcerated, resources may be available in the facility’s law libraries or resource rooms.
A family member is currently incarcerated. Can they apply and receive the LFO refund while at a prison facility?
Yes, DOC has worked with AOC to make paper application available within the facilities to send to AOC.
Refunds sent to DOC will automatically be applied to the incarcerated individual’s Trust Accounting System account and may be subject to deductions per RCW 72.09.480 and outlined in DOC 200.000 Trust Accounts for Incarcerated Individuals (pdf).
Can my family member request to have the refund mailed to my home?
Yes, the incarcerated individual has an option to provide an address in the community where the refund check can be mailed to. The check will be issued to the individual and the check will expire 6 months from the date of issuance.
A family member is incarcerated and would like for me to apply for the LFO refund on their behalf. Can I do that as their power of attorney?
There is an option and a process for a POA to apply. Please visit the Blake Refund Portal for more information.
Will receiving a refund affect my social security benefits?
Refunds of both COS and LFOs may impact your benefits. A resource guide is available on Civil Survival’s website: Blake Refund Check and Social Security Benefits