The legislature declares that children are different and finds that a scientific consensus has developed that demonstrates that young people continue to develop neurologically until age 26. The legislature finds that until then, young people are less able to make decisions for themselves, are more impulsive, and more susceptible to peer pressure. The legislature finds that as a result, the Washington state supreme court has held that judges, when sentencing individuals in adult court for offenses committed as youth, must consider the mitigating factors relating to their youth and have full discretion to impose any lesser sentence.
This section adds a new section to an existing chapter 9.94A. Here is the modified chapter for context.
In any criminal case where an offender was sentenced, on or before March 2, 2017, in adult court for a crime that occurred under the age of 18, the offender must have a resentencing hearing upon their motion for relief from sentence to the original sentencing court.
The sentencing court shall grant the motion for resentencing if it finds that an offender was sentenced in adult court for a crime that occurred under the age of 18.
At resentencing, the court shall consider the mitigating factors relating to the offender's youth and the court has full discretion to impose any lesser sentence.
This act applies to all causes of action commenced on or after the effective date of this section, regardless of when the cause of action arose. To this extent, this act applies retroactively, but in all other respects it applies prospectively.