News Spotlight: State of Washington v. Blake

March 29, 2021

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Frequently Asked Questions (FAQ)
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About

On February 25, 2021, the Washington State Supreme Court issued an opinion in State of Washington v. Blake (pdf), declaring 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.

The role of the Washington State Department of Corrections is to carry out sentences imposed by courts. Corrections 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. This means that further direction from the courts continues to be necessary in the process of determining next steps.

The department is working with the Washington State Office of the Attorney General to understand the decision and its potential impacts. The ruling could impact some judgements, and the Department is communicating with the Washington Association of Prosecuting Attorneys and the Washington State Office of Public Defense.

Frequently Asked Questions (FAQ)

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. 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 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. This means that further direction from the courts continues to be necessary in the process of determining next steps.

Corrections is working with the Office of the Attorney General to understand the decision and its potential impacts. The ruling could impact some judgements, and the department is communicating with the Washington Association of Prosecuting Attorneys and the Washington State Office of Public Defense.

Corrections has been evaluating the impacts to our current processes while determining the resources that may be needed. We have been working on a sustainable plan that will serve the needs of those impacted while assisting our criminal justice partners.

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.

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 facility contract attorney to inquire on your behalf.

A family member is incarcerated on a drug charge. 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.

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 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. They may also utilize the options outlined in policy 590.500 Legal Access for Incarcerated Individuals (pdf).