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Resentencing

About

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.

The court action to change the original sentence that impact an individual’s right to liberty. The most common reasons for a resentence are related to a Supreme Court Decisions and new laws. Most often the sentenced individual’s confinement term is reduced and they may or may not be sentenced to a term of community supervision following their release from confinement.

Reduced Confinement Term Processing

No Community Custody Ordered

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 (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. 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
      1. Paperwork processing takes more time for remote hearings at a DOC facility.
    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
      1. 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.
      2. If the release determinations occur after 3:00PM, the individual will release the next business day.
      3. For an immediate release, DOC will complete victim/witness notifications on the day of release.
    2. DOC will contact the jail to remove the DOC hold and to provide release paperwork for the individual to sign.

Community Custody Ordered

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. 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
      1. Paperwork processing takes more time for remote hearings at a DOC facility.
    2. Incarcerated individual is transported to the County Jail for the resentence or modified order. Individual is returned to DOC facility after the hearing.
  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.
    1. If the individual is past their earned release date (ERD) but has not served the maximum confinement term (no earned time applied) and does not have an approved release plan, DOC will develop a transition and release plan with the individual, per RCW 9.94A.729(5).
    2. b. If the individual has not served to their earned release date, DOC will develop a transition and release plan with the individual per department policy DOC 350.200 Transition and Release (pdf).
    3. If the individual has served to the maximum expiration date, DOC will release the individual when that determination is made.
  5. Once release address is approved, DOC will set the projected release date (PRD).
    1. Victim/witness notifications will be completed per RCW 72.09.712, RCW 72.09.710 and DOC 390.300 Victim Services (pdf).
      1. DOC will not hold past the maximum expiration date for victim/witness notifications. Notifications will occur as soon as DOC becomes aware of the release date.
    2. 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.
    1. 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.
    2. If the release determinations occur after 3:00PM, the individual will release the next business day.

Resources

Policies

Below are Department of Corrections (DOC) policies that apply to Resentencing

Laws & Regulations

Below are the federal laws, state laws (RCWs) and regulations (WACs) that apply to and/or relate to Resentencing.

Revised Code of Washington (RCW)

  • RCW 72.09.710
    Drug offenders—Notice of release or escape.
  • RCW 72.09.712
    Prisoner escape, parole, release, community custody or work release placement, or furlough—Notification procedures.
  • RCW 9.94A.729(5)
    Earned release time—Risk assessments.

Washington Administrative Code (WAC)

Publications

Resource Links