wa-law.org > bill > 2025-26 > HB 1239 > Substitute Bill
The legislature recognizes that reentry readiness reduces recidivism, reducing the harm to individuals, families, and communities. The state of Washington has committed to reducing recidivism and increasing reentry readiness by joining and pledging to support the national reentry 2030 initiative.
The legislature recognizes that an equitable incentive in the form of earned release time incentivizes behaviors which lead to reentry readiness, while also addressing existing racial inequities in earned time and graduated reentry.
Through the reentry readiness act, the legislature intends to align public policy with the goals of the Washington statewide reentry council and the principles of the Washington way program.
The legislature recognizes that the availability of earned time is the most effective means of incentivizing participation in rehabilitative programming, which is critical for the purposes of increasing public safety and improving reentry outcomes.
The legislature further recognizes that histories of sexual violence and intimate partner violence are extraordinarily high among incarcerated women. The legislature recognizes that trauma from these types of victimization often contribute to the behaviors that result in incarceration. The legislature intends to address this trauma through establishment of a survivor and recovery-informed pilot program at the Washington corrections center for women.
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The term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and adopted by the correctional agency having jurisdiction in which the offender is confined. The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency may calculate but shall not credit the offender with earned release credits in advance of the offender actually earning the credits.
Any program established pursuant to this section shall allow an offender to earn earned release time credits for presentence incarceration. If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the number of days of earned release time credits lost or not earned. The department may approve a jail certification from a correctional agency that calculates earned release time based on the actual amount of confinement time served by the offender before sentencing when an erroneous calculation of confinement time served by the offender before sentencing appears on the judgment and sentence. The department must adjust an offender's rate of earned release time listed on the jail certification to be consistent with the rate applicable to offenders in the department's facilities. However, the department is not authorized to adjust the amount of presentence earned release time that the jail has certified as lost or not earned.
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An offender who has been convicted of a felony committed after July 23, 1995, and before July 1, 2026, that involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements.
An offender whose sentence includes any impaired driving enhancements under RCW 9.94A.533(7), minor child enhancements under RCW 9.94A.533(13), or both, for offenses committed before July 1, 2026, shall not receive any good time credits or earned release time for any portion of his or her sentence that results from those enhancements.
An offender who is sentenced for offenses committed before July 1, 2026, may earn early release time as follows:
In the case of an offender sentenced pursuant to RCW 10.95.030(2) or 10.95.035, the offender may not receive any earned early release time during the minimum term of confinement imposed by the court; for any remaining portion of the sentence served by the offender, the aggregate earned release time may not exceed 10 percent of the sentence.
In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed 15 percent of the sentence.
In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, and before July 1, 2026, the aggregate earned release time may not exceed 10 percent of the sentence.
An offender is qualified to earn up to 50 percent of aggregate earned release time if he or she:
Is not classified as an offender who is at a high risk to reoffend as provided in subsection (4) of this section;
Is not confined pursuant to a sentence for:
(A) A sex offense;
(B) A violent offense;
(C) A crime against persons as defined in RCW 9.94A.411;
(D) A felony that is domestic violence as defined in RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
iii. Has no prior conviction for the offenses listed in (d)(ii) of this subsection;
iv. Participates in programming or activities as directed by the offender's individual reentry plan as provided under RCW 72.09.270 to the extent that such programming or activities are made available by the department; and
v. Has not committed a new felony after July 22, 2007, while under community custody.
e. In no other case shall the aggregate earned release time exceed one-third of the total sentence.
The department shall perform a risk assessment of each offender who may qualify for earned early release under subsection (3)(d) of this section utilizing the risk assessment tool recommended by the Washington state institute for public policy. Subsection (3)(d) of this section does not apply to offenders convicted after July 1, 2010.
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A person who is eligible for earned early release as provided in this section and who will be supervised by the department pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to community custody in lieu of earned release time;
The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement. All offenders with community custody terms eligible for release to community custody in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;
The department may deny transfer to community custody in lieu of earned release time if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody;
If the department is unable to approve the offender's release plan, the department may do one or more of the following:
Transfer an offender to partial confinement in lieu of earned early release for a period not to exceed three months. The three months in partial confinement is in addition to that portion of the offender's term of confinement that may be served in partial confinement as provided in RCW 9.94A.728(1)(e);
Provide rental vouchers to the offender for a period not to exceed six months if rental assistance will result in an approved release plan.
A voucher must be provided in conjunction with additional transition support programming or services that enable an offender to participate in services including, but not limited to, substance abuse treatment, mental health treatment, sex offender treatment, educational programming, or employment programming;
e. The department shall maintain a list of housing providers that meets the requirements of RCW 72.09.285. If more than two voucher recipients will be residing per dwelling unit, as defined in RCW 59.18.030, rental vouchers for those recipients may only be paid to a housing provider on the department's list;
f. For each offender who is the recipient of a rental voucher, the department shall gather data as recommended by the Washington state institute for public policy in order to best demonstrate whether rental vouchers are effective in reducing recidivism.
An offender serving a term of confinement imposed under RCW 9.94A.670(5)(a) is not eligible for earned release credits under this section.
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An offender may accrue earned release time up to 33.33 percent of the total sentence for offenses committed on or after July 1, 2026, including sentencing enhancements under RCW 9.94A.533 other than sexual motivation enhancements, except that the following are ineligible for earned release time under this subsection:
A federal sentence served in the department's custody;
An out-of-state sentence served at the department;
A juvenile sentence under Title 13 RCW;
A less restrictive alternative under chapter 71.05 RCW;
A civil commitment under chapter 10.77 RCW;
A mandatory minimum sentence under RCW 9.94A.540;
A persistent offender sentence under RCW 9.94A.570;
A special sex offender sentencing alternative under RCW 9.94A.670; and
ix. An aggravated first degree murder sentence imposed on an adult under RCW 10.95.030.
A sentence imposed on a juvenile under RCW 10.95.030 or 10.95.035 is ineligible for earned release time during the minimum term of confinement imposed by the court; for any remaining portion of the sentence, the aggregate earned release time may not exceed 33.33 percent.
An offender qualified to earn up to 50 percent earned release time under RCW 9.94A.729 shall not lose earned release time accrued before July 1, 2026.
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The department shall establish a peer-led, survivor and recovery-informed pilot program at the Washington corrections center for women and at the Washington corrections center in Shelton, designed to promote healing and provide support for incarcerated survivors of sexual violence and intimate partner violence.
The pilot program shall be delivered by peer support specialists certified by the health care authority under RCW 18.420.050.
The pilot program shall include participation and evaluation from outside volunteers as part of an in-state public university practicum and research partnership.
The pilot program shall utilize existing and available space at the Washington corrections center for women and at the Washington corrections center in Shelton.
The initial cohort in the program shall be limited to a size that does not require additional department of corrections staff for supervision.
By October 1, 2027, and in compliance with RCW 43.01.036, the Washington statewide reentry council, in collaboration with the peer support specialists and volunteers facilitating the program, shall collect data and submit a preliminary report to the governor and the legislature on:
The number of individuals enrolled in the program and the completion rate during the prior year;
Any safety incidents or participant grievances during the prior year; and
Reentry outcomes for any individuals who participated in the program.
By June 1, 2028, and in compliance with RCW 43.01.036, the Washington statewide reentry council, in collaboration with the peer support specialists and volunteers facilitating the program, shall submit a final report to the governor and the legislature on data collected under subsection (2) of this section.
This section expires June 30, 2028.
There shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights, which apply to any adult or juvenile criminal proceeding and any civil commitment proceeding under chapter 10.77 or 71.09 RCW:
With respect to victims of violent or sex crimes, to receive, at the time of reporting the crime to law enforcement officials, a written statement of the rights of crime victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county;
To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved;
With respect to victims of violent offenses, domestic violence, or sex offenses, to be informed by local law enforcement agencies or the prosecuting attorney that charges have been filed and when the defendant has been found not competent to stand trial and referred for restoration services;
To be notified by the party who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur as scheduled, in order to save the person an unnecessary trip to court;
To receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available;
To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled;
To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants;
To have any stolen or other personal property expeditiously returned by law enforcement agencies or the superior court when no longer needed as evidence. When feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property of which ownership is disputed, shall be photographed and returned to the owner within ten days of being taken;
To have access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance. Victims of domestic violence, sexual assault, stalking, or hate crime, as defined in RCW 49.76.020, shall be notified of their right to reasonable leave from employment under chapter 49.76 RCW;
With respect to victims of violent and sex crimes, to have a crime victim advocate from a crime victim/witness program, or any other support person of the victim's choosing, present at any prosecutorial or defense interviews with the victim, and at any judicial proceedings related to criminal acts committed against the victim. This subsection applies if practical and if the presence of the crime victim advocate or support person does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the crime victim;
With respect to victims of violent offenses, domestic violence, or sex offenses, such victims may attend court proceedings or required interviews in person or remotely, including by video or other electronic means, as available in the local jurisdiction, to ensure access to justice to participate in criminal justice proceedings;
With respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because they have testified;
With respect to victims and survivors of victims in any felony case, any case involving domestic violence, or any final determination under chapter 10.77 or 71.09 RCW, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing or disposition hearing upon request by a victim or survivor;
With respect to victims and survivors of victims in any felony case, to be provided with materials created and distributed by the office of crime victims advocacy that explain the process of sentence implementation, including how sentences may change in the future, as required by changes to law. The office of crime victims advocacy may distribute materials to victims and survivors of victims through its grant-funded victim service providers and other relevant partners;
To submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;
With respect to victims and survivors of victims in any felony case or any case involving domestic violence, to present a statement, personally or by representation, at the sentencing hearing; and
With respect to victims and survivors of victims, to entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment.
If a victim, survivor of a victim, or witness of a crime is denied a right under this section, the person may seek an order directing compliance by the relevant party or parties by filing a petition in the superior court in the county in which the crime occurred and providing notice of the petition to the relevant party or parties. Compliance with the right is the sole available remedy. The court shall expedite consideration of a petition filed under this subsection.