Resentencing

WA State Resentencing and DOC’s Transitional Support Timeline (pdf)

The Resentencing team first came out of the State v. Blake decision. In response to Blake in 2021, strike teams were initiated to address the decision’s impact on records, prison operations, and release planning. The legislature provided funding to process court orders, provide housing vouchers and immediate release resources, and staff to assist with transitional planning and resource connection for individuals impacted by Blake vacates and resentencing resulting in a release. Just before and since the Blake decision, a number of other legislative changes (i.e., SB 6164 (pdf) and SB 5164 (pdf)) and Supreme Court decisions (i.e., State v. Monschke, in re Domingo-Cornelio, Ali (pdf)) have resulted in more people being eligible and releasing early from incarceration. In response, DOC expanded the transitional support to all types of resentencing resulting in release.

The role of the Washington State Department of Corrections (DOC) is to carry out sentences imposed by courts. The department does not have the authority to amend or correct 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. Legal staff are encouraged to review the resources that are available on this site in anticipation of a hearing, including the resentencing process (pdf) that involves the coordination with DOC, and the critical elements needed in the Judgment and Sentence (pdf) in order to calculate a release date.

Resentencing Reduced Confinement Term Workflows (pdf)

Department of Corrections (DOC) process for a resentence related to a reduced confinement term for individuals who have served the confinement time to the Earned Release Date (EDR) (or beyond) and who have not been ordered to serve a term of community custody for the sentence:

1. DOC receives the Amended Judgment and Sentence or Modified Order at DOC Amended Orders (email). All orders must be signed by a judge and date stamped “Filed” by the county clerk.
2. A resentence or modified order hearing will take place. Either:
1. Incarcerated individual remained at DOC facility for a remote hearing, or
2. Incarcerated individual is transported to the County Jail for the resentence or modified order.
3. DOC enters the amended order to change the confinement term, recalculate release dates, and adjust any other sentences being served.
4. DOC determines the individual needs to be released. Either:
1. The individual transitions and is released, or
2. DOC will contact the jail to remove the DOC hold and to provide release paperwork for the individual to sign.

Resentencing Reduced Confinement Term Workflows (pdf)

Department of Corrections (DOC) process for a resentence related to a reduced confinement term for individuals who have NOT served the confinement time to the maximum expiration date, and who are ordered to serve a term of community custody for the sentence:

1. DOC receives the Amended Judgment and Sentence or Modified Order at DOC Amended Orders (email). All orders must be signed by a judge and date stamped “Filed” by the county clerk.
2. A resentence or modified order hearing will take place. Either:
1. Incarcerated Individual remained at DOC Facility for a remote hearing, or
2. Incarcerated individual is transported to the County Jail for the resentence or modified order.
3. DOC enters the amended order to change the confinement term, recalculate release dates, and adjust any other sentences being served.
4. DOC develops a transition and release plan, Either:
1. Per RCW 9.94A.729(5) if the individual is past their ERD but has not served the maximum confinement term (no earned time applied) and does not have an approved release plan, or
2. DOC 350.200 Transition and Release (pdf) if the individual has not served to their earned release date.
5. Once release address is approved, DOC will set the projected release date (PRD). If past the ERD, but not reached maximum expiration, DOC will set PRD either 35 or 15 days after notification of release plan approval.
6. The individual transitions and is released. DOC will release the same day of receipt of the order only when DOC’s release determinations are made by 3:00PM on a business day. If the release determinations occur after 3:00PM, the individual will release the next business day.

Resentencing Process Overview Flowchart (pdf)

DOC Resentencing Support Team. (Pictured left to right: Rudy Chay, Maurya Ayala, Maritza Vega, Dianne Ashlock, & Anita Joens) (Photo Courtesy of DOC Communications)

Individuals who release due to a resentence, vacate, dismissal, commutation or other court action reducing the term of confinement are provided the following transitional support (pdf):

• An assigned Resentencing Specialist that assists the individual (pre and post release) with identifying goals, reducing barriers and connection to resources and organizations.
• Housing voucher, cell phone, backpack with basic hygiene items and release money on the day of release.
• A Health Services Continuity of Care Coordinator, who addresses release medication and equipment, and troubleshoots health care issues for released individuals.
• If there is sufficient notice of an upcoming resentencing hearing, the Resentencing Specialist completes a resentencing transitional planning meeting with the individual and others who support the individual’s transitional plan to prepare for a potential immediate release.

A Resentencing Specialist can assist with:

Pre-Release

• Individual Transitional Plan and essential needs support
• Identifying goals and action steps
• Submitting referrals for resources, programming and community support

Post-Release

• Resource Connection: For food, clothing, hygiene, identification, housing and more.
• Application Assistance: For State, Federal, Tribal and/or other benefits.
• Health Services: Assistance with medical, dental, mental health, prescriptions and health services needs.
• Employment: Connection to employment services/job search assistance.
• Education: Connection to Education Navigators (financial aid, enrollment, transcript support, etc.)