Frequently Asked Questions
Attorney Questions
As an attorney, how do I communicate with my client?
Attorneys can communicate with individuals by phone, email, postal mail or in-person visits.
- Phone: Corrections does assist with arranging calls between attorneys and incarcerated individuals. The only way for attorneys to schedule phone meetings is by sending written notice to the incarcerated individual.
- Email: Incarcerated individuals have access to email through the JPay system. JPay emails sent to and from attorneys are never confidential and are not treated as legal mail.
- U.S. Postal Service: Legal mail is confidential. However, not all mail sent from law offices qualifies as legal mail.
- In-person: Attorneys may also schedule in-person professional visits with incarcerated individuals.
Please review the Attorney Communication Guide (pdf) for more information.
How do I schedule a virtual resentencing hearing?
DOC 02-027 Virtual/Telephonic Hearing Request (msword) must be submitted by the court (i.e., clerks, prosecutors, etc.) or defense attorneys only at least 7 days prior to the scheduled hearing date to the facility Legal Liaison Office.
Please visit the External Agency and Court Hearings website for more information.
A Mitigation Specialist is working on the legal team for the resentencing. How can they communicate with incarcerated individuals confidentially?
For a phone number to be recognized as a confidential legal number and attorney must register the phone number by sending an email to docattorneyrequests@doc.wa.gov (email). The request should include the Mitigation Specialist’s name, as well as phone number and duration of the need for confidential line.
Resentencing Questions
Who qualifies for resentencing?
Resentencing is done through the courts. The Department does not play a role in who gets resentenced.
Do you assist in resentencing?
The Department is an impartial party to resentencing. We can not assist or advocate for resentencing. We have staff that assist individuals with their reentry if they are granted a resentencing hearing and could release soon.
Where can I find information about resentencing?
For more information about Blake and other resentencing, visit:
- Seattle Clemency Project
- Redemption Project of Washington
- Vacate Drug Possession Convictions (State v. Blake)
- Office of Public Defense
Incarcerated individuals can access information about Blake, resentencing and clemency through information provided in the law library and on the tablets.
Transitional Support Questions
What resources are available for those releasing?
The Department works to provide a transition for incarcerated persons reentering the community, as well as connecting them with support services to support their success. The Resentencing team provides pre and post release support, including connecting to community resources for the safe and most successful release. This team has solidified processes and partnerships with other agencies, the legal community, and community partners. For additional information or to make notice of an upcoming resentencing, please email DOC Resentence Planning (email).
How can incarcerated individuals access programs before being resentenced?
Access to programs can depend on a number of factors including earned release date, prison facility, and the individual's areas of high needs and risk classification level. If an individual is pending a resentencing hearing, contact DOC Resentence Planning (email). Efforts will be made to provide an opportunity for the individual to engage in treatment and programming prior to release.
When does the Resentencing Specialist begin working with an individual?
The Resentencing team will begin with program referrals (if applicable) and will begin contact by introducing themselves and the services to the individual. The Resentencing Specialist will typically organize a Resentencing Planning Meeting about 30 days prior to the resentencing hearing to work on the individual reentry plan (IRP), identify goals and needs, discuss and address any barriers to reentry, and introduce resources and community organizations.
Who can be a part of the resentencing planning meeting (RPM)?
The Resentencing Specialist will schedule an RPM with the individual before their scheduled resentencing hearing to prepare for possible release. Individuals may invite other DOC staff/volunteers, their attorney, families, mentors, religious/community members, and any other individuals that are supportive of their reintegration.
Sentencing and Calculation Questions
How does the Department of Corrections (DOC) determine the earned release date (ERD)
RCW 9.94A.729 determines the appropriate earned release time percentage for the offense.
- Start with total sentence length (convert to days).
- Subtract the number of days of jail credits.
- Subtract the number of days of jail good time credits.
- Equals days to be served in DOC prior to earned release credits (pdf) being applied.
- Multiply days to be served in DOC with earned time percentage. (Based on offense and timeframe (0%, 10%, 15%, or 33 1/3%).)
- Equals DOC earned time credits.
- Subtract the number of DOC earned time credits from the days to be served in DOC.
- Equals the number days to be served with earned time credits.
- Add the total number of days to be served in DOC to your DOC arrival date.
See WAC 137-30-060 for more information about release date.
How does Corrections determine the maximum expiration date (MaxEx)?
- Start with total sentence length (convert to days).
- Subtract the number of days of jail credits.
- Equals the number days to reach the maximum expiration date.
- Add the total number of days to be served in DOC to the DOC arrival date.
Why does it take so long for someone to be released after resentencing?
Upon receipt of a court order, Corrections' Records Unit completes a series of steps prior to release. We work to complete these actions as quickly as possible. Once the order is received, it may take the department up to 2 business days to process.
Corrections' Records staff will only act on court filed documents that include a court clerk stamp that indicates the document was filed with the date and signature. If the determination that the sentence has been satisfied is completed before 3:00 p.m., the individual will release on that same day. If the determination occurs after 3:00 p.m., the individual will release the next business day.