Interesting discussion of Washington’s 2020 law allowing prosecutor-initiated resentencing

The Seattle Times recently published this lengthy article providing an interesting overview of practices under a recent Washington law enabling prosecutors to seek resentencing when an original sentence “no longer advances the interests of justice.”  This article is headlined “WA has no parole. Should prosecutors control who gets a second chance?”.  The long article is worth reading in full, and here are excerpts:

Of Washington’s 39 elected county prosecutors, only about a third had sought resentencing under the 2020 law as of August, according to preliminary data gathered through public disclosure requests by a lawyer with the nonprofit Washington Defender Association.  Just three counties — King, Pierce and Clark — had five or more cases.

While that data is incomplete, an informal survey by Pierce County Prosecutor Mary Robnett’s office last November also suggests most of her peers have used the law sparingly or not at all.  Several prosecutors said sparingly is exactly how the law should be used, given the trauma that reopening cases would likely inflict on victims and their families, the seriousness of many charges involved and Washington’s firm sentencing guidelines.

But others say a broad opportunity for resentencing is needed given the state’s ending of parole in the early 1980s, its effect magnified by a tough-on-crime era that dramatically increased sentence lengths. About half of the roughly 13,000 people incarcerated in Washington prisons, as of December, are serving a sentence of more than 10 years.

With the limitations of SB 6164 apparent, some are questioning whether prosecutors should serve as gatekeepers. “I think it’s unfair that they’re the only players in the system who can say a person’s incarceration no longer serves the interest of justice,” said state Rep. Tarra Simmons.