Text of WA HB 1131 (2025)

AN ACT Relating to clemency and pardons; amending RCW 9.94A.501, 1 9.94A.565, 9.94A.633, 9.94A.633, 9.94A.728, and 9.94A.880; reenacting 2 and amending RCW 9.94A.501 and 9.94A.885; adding a new section to 3 chapter 9.94A RCW; providing an effective date; and providing an 4 expiration date. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 6 Sec. 1. RCW 9.94A.501 and 2024 c 63 s 3 are each amended to read 7 as follows: 8 (1) The department shall supervise the following ((offenders)) 9 individuals who are sentenced to probation in superior court, 10 pursuant to RCW 9.92.060, 9.95.204, or 9.95.210: 11 (a) ((Offenders)) Individuals convicted of: 12 (i) Sexual misconduct with a minor second degree; 13 (ii) Custodial sexual misconduct second degree; 14 (iii) Communication with a minor for immoral purposes; and 15 (iv) Violation of RCW 9A.44.132(2) (failure to register); and 16 (b) ((Offenders)) Individuals who have: 17 (i) A current conviction for a repetitive domestic violence 18 offense after August 1, 2011; and 19 (ii) A prior conviction for a repetitive domestic violence 20 offense or domestic violence felony offense after August 1, 2011. 21 H-0205.3 HOUSE BILL 1131 State of Washington 69th Legislature 2025 Regular Session By Representatives Goodman and Hackney Prefiled 12/24/24. p. 1 HB 1131 (2) ((Misdemeanor)) Individuals convicted of misdemeanor and 1 gross misdemeanor ((offenders)) offenses supervised by the department 2 pursuant to this section shall be placed on community custody. 3 (3) The department shall supervise every individual convicted of 4 a felony ((offender)) and sentenced to community custody pursuant to 5 RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the 6 ((offender)) individual as one who is at a high risk to reoffend. 7 (4) Notwithstanding any other provision of this section, the 8 department shall supervise an ((offender)) individual sentenced to 9 community custody regardless of risk classification if the 10 ((offender)) individual: 11 (a) Has a current conviction for a sex offense or a serious 12 violent offense and was sentenced to a term of community custody 13 pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507; 14 (b) Has been identified by the department as a dangerous mentally 15 ill offender pursuant to RCW 72.09.370; 16 (c) Has an indeterminate sentence and is subject to parole 17 pursuant to RCW 9.95.017; 18 (d) Has a current conviction for violating RCW 9A.44.132(1) 19 (failure to register) and was sentenced to a term of community 20 custody pursuant to RCW 9.94A.701; 21 (e)(i) Has a current conviction for a domestic violence felony 22 offense after August 1, 2011, and a prior conviction for a repetitive 23 domestic violence offense or domestic violence felony offense after 24 August 1, 2011. This subsection (4)(e)(i) applies only to offenses 25 committed prior to July 24, 2015; 26 (ii) Has a current conviction for a domestic violence felony 27 offense. The state and its officers, agents, and employees shall not 28 be held criminally or civilly liable for its supervision of an 29 ((offender)) individual under this subsection (4)(e)(ii) unless the 30 state and its officers, agents, and employees acted with gross 31 negligence; 32 (f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 33 9.94A.670, 9.94A.711, or 9.94A.695; 34 (g) Is subject to supervision pursuant to RCW 9.94A.745; or 35 (h) Was convicted and sentenced under RCW 46.61.520 (vehicular 36 homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) 37 (felony DUI), or RCW 46.61.504(6) (felony physical control). 38 (5) The department shall supervise any ((offender who is)) 39 individual released by the indeterminate sentence review board 40 p. 2 HB 1131 ((and)) who was sentenced to community custody or subject to 1 community custody under the terms of release. 2 (6) The department shall supervise any individual granted 3 conditional commutation pursuant to RCW 9.94A.885 if the governor 4 includes a term of community custody as a condition of commutation. 5 (7) The department is not authorized to, and may not, supervise 6 any ((offender)) individual sentenced to a term of community custody 7 or any probationer unless the ((offender)) individual or probationer 8 is one for whom supervision is required under this section ((or RCW 9 9.94A.5011)). 10 (((7))) (8) The department shall conduct a risk assessment for 11 every individual convicted of a felony ((offender)) and sentenced to 12 a term of community custody who may be subject to supervision under 13 this section ((or RCW 9.94A.5011)). 14 (((8))) (9) The period of time the department is authorized to 15 supervise an ((offender)) individual under this section may not 16 exceed the duration of community custody specified under RCW 17 9.94B.050, 9.94A.701 (1) through (9), or 9.94A.702, except in cases 18 where the court has imposed an exceptional term of community custody 19 under RCW 9.94A.535 and where the governor imposes a term of 20 community custody as a condition of conditional commutation or 21 imposes an additional term of community custody due to a violation of 22 conditional commutation. 23 (((9))) (10) The period of time the department is authorized to 24 supervise an ((offender)) individual under this section may be 25 reduced by the earned award of supervision compliance credit pursuant 26 to RCW 9.94A.717. 27 Sec. 2. RCW 9.94A.501 and 2024 c 306 s 4 and 2024 c 63 s 3 are 28 each reenacted and amended to read as follows: 29 (1) The department shall supervise the following ((offenders)) 30 individuals who are sentenced to probation in superior court, 31 pursuant to RCW 9.92.060, 9.95.204, or 9.95.210: 32 (a) ((Offenders)) Individuals convicted of: 33 (i) Sexual misconduct with a minor second degree; 34 (ii) Custodial sexual misconduct second degree; 35 (iii) Communication with a minor for immoral purposes; and 36 (iv) Violation of RCW 9A.44.132(2) (failure to register); and 37 (b) ((Offenders)) Individuals who have: 38 p. 3 HB 1131 (i) A current conviction for a repetitive domestic violence 1 offense after August 1, 2011; and 2 (ii) A prior conviction for a repetitive domestic violence 3 offense or domestic violence felony offense after August 1, 2011. 4 (2) ((Misdemeanor)) Individuals convicted of misdemeanor and 5 gross misdemeanor ((offenders)) offenses supervised by the department 6 pursuant to this section shall be placed on community custody. 7 (3) The department shall supervise every individual convicted of 8 a felony ((offender)) and sentenced to community custody pursuant to 9 RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the 10 ((offender)) individual as one who is at a high risk to reoffend. 11 (4) Notwithstanding any other provision of this section, the 12 department shall supervise an ((offender)) individual sentenced to 13 community custody regardless of risk classification if the 14 ((offender)) individual: 15 (a) Has a current conviction for a sex offense or a serious 16 violent offense and was sentenced to a term of community custody 17 pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507; 18 (b) Has been identified by the department as a dangerous mentally 19 ill offender pursuant to RCW 72.09.370; 20 (c) Has an indeterminate sentence and is subject to parole 21 pursuant to RCW 9.95.017; 22 (d) Has a current conviction for violating RCW 9A.44.132(1) 23 (failure to register) and was sentenced to a term of community 24 custody pursuant to RCW 9.94A.701; 25 (e)(i) Has a current conviction for a domestic violence felony 26 offense after August 1, 2011, and a prior conviction for a repetitive 27 domestic violence offense or domestic violence felony offense after 28 August 1, 2011. This subsection (4)(e)(i) applies only to offenses 29 committed prior to July 24, 2015; 30 (ii) Has a current conviction for a domestic violence felony 31 offense. The state and its officers, agents, and employees shall not 32 be held criminally or civilly liable for its supervision of an 33 ((offender)) individual under this subsection (4)(e)(ii) unless the 34 state and its officers, agents, and employees acted with gross 35 negligence; 36 (f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 37 9.94A.670, 9.94A.711, 9.94A.695, or 9.94A.661; 38 (g) Is subject to supervision pursuant to RCW 9.94A.745; or 39 p. 4 HB 1131 (h) Was convicted and sentenced under RCW 46.61.520 (vehicular 1 homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) 2 (felony DUI), or RCW 46.61.504(6) (felony physical control). 3 (5) The department shall supervise any ((offender who is)) 4 individual released by the indeterminate sentence review board 5 ((and)) who was sentenced to community custody or subject to 6 community custody under the terms of release. 7 (6) The department shall supervise any individual granted 8 conditional commutation pursuant to RCW 9.94A.885. 9 (7) The department is not authorized to, and may not, supervise 10 any ((offender)) individual sentenced to a term of community custody 11 or any probationer unless the ((offender)) individual or probationer 12 is one for whom supervision is required under this section ((or RCW 13 9.94A.5011)). 14 (((7))) (8) The department shall conduct a risk assessment for 15 every individual convicted of a felony ((offender)) and sentenced to 16 a term of community custody who may be subject to supervision under 17 this section ((or RCW 9.94A.5011)). 18 (((8))) (9) The period of time the department is authorized to 19 supervise an ((offender)) individual under this section may not 20 exceed the duration of community custody specified under RCW 21 9.94B.050, 9.94A.701 (1) through (9), or 9.94A.702, except in cases 22 where the court has imposed an exceptional term of community custody 23 under RCW 9.94A.535 and where the governor imposes a term of 24 community custody as a condition of conditional commutation or 25 imposes an additional term of community custody due to a violation of 26 conditional commutation. 27 (((9))) (10) The period of time the department is authorized to 28 supervise an ((offender)) individual under this section may be 29 reduced by the earned award of supervision compliance credit pursuant 30 to RCW 9.94A.717. 31 Sec. 3. RCW 9.94A.565 and 1994 c 1 s 5 are each amended to read 32 as follows: 33 (1) Nothing in chapter 1, Laws of 1994 or chapter 10.95 RCW shall 34 ever be interpreted or construed as to reduce or eliminate the power 35 of the governor to grant a pardon or clemency to any ((offender)) 36 individual on an individual case-by-case basis. However, the people 37 recommend that ((any offender)): 38 p. 5 HB 1131 (a) Any incarcerated individual subject to total confinement for 1 life without the possibility of parole not be considered for release 2 until the ((offender)) incarcerated individual has ((reached the age 3 of at least sixty years old and has)) been judged to ((be)) no longer 4 be a threat to society((. The people further recommend that sex 5 offenders)); 6 (b) Incarcerated individuals who have been convicted of a sex 7 offense be held to the utmost scrutiny under this subsection 8 regardless of age; and 9 (c) Release take the form of a commutation that includes a period 10 of law-abiding behavior in the community. 11 (2) Nothing in this section shall ever be interpreted or 12 construed to grant any release for the purpose of reducing prison 13 overcrowding. Furthermore, the governor shall provide twice yearly 14 reports on the activities and progress of ((offenders)) individuals 15 subject to total confinement for life without the possibility of 16 parole who are released through executive action during his or her 17 tenure. These reports shall continue for not less than ((ten)) 10 18 years after the release of the ((offender)) individual or upon the 19 death of the released ((offender)) individual. 20 Sec. 4. RCW 9.94A.633 and 2021 c 242 s 4 are each amended to 21 read as follows: 22 (1)(a) An ((offender)) individual who violates any condition or 23 requirement of a sentence may be sanctioned by the court with up to 24 ((sixty)) 60 days' confinement for each violation or by the 25 department with up to ((thirty)) 30 days' confinement as provided in 26 RCW 9.94A.737. 27 (b) In lieu of confinement, an ((offender)) individual may be 28 sanctioned with work release, home detention with electronic 29 monitoring, work crew, community restitution, inpatient treatment, 30 daily reporting, curfew, educational or counseling sessions, 31 supervision enhanced through electronic monitoring, or any other 32 community-based sanctions. 33 (2) If an ((offender)) individual was under community custody 34 pursuant to one of the following statutes, the ((offender)) 35 individual may be sanctioned as follows: 36 (a) If the ((offender)) individual was transferred to community 37 custody in lieu of earned early release in accordance with RCW 38 9.94A.728, the ((offender)) individual may be transferred to a more 39 p. 6 HB 1131 restrictive confinement status to serve up to the remaining portion 1 of the sentence, less credit for any period actually spent in 2 community custody or in detention awaiting disposition of an alleged 3 violation. 4 (b) If the ((offender)) individual was sentenced under the drug 5 offender sentencing alternative set out in RCW 9.94A.660, the 6 ((offender)) individual may be sanctioned in accordance with that 7 section. 8 (c) If the ((offender)) individual was sentenced under the 9 parenting sentencing alternative set out in RCW 9.94A.655, the 10 ((offender)) individual may be sanctioned in accordance with that 11 section. 12 (d) If the ((offender)) individual was sentenced under the 13 special sex offender sentencing alternative set out in RCW 9.94A.670, 14 the suspended sentence may be revoked and the ((offender)) individual 15 committed to serve the original sentence of confinement. 16 (e) If the ((offender)) individual was sentenced under the mental 17 health sentencing alternative set out in RCW 9.94A.695, the 18 ((offender)) individual may be sanctioned in accordance with that 19 section. 20 (f) If the ((offender)) individual was sentenced to a work ethic 21 camp pursuant to RCW 9.94A.690, the ((offender)) individual may be 22 reclassified to serve the unexpired term of his or her sentence in 23 total confinement. 24 (g) If ((a sex offender)) an individual convicted of a sex 25 offense was sentenced pursuant to RCW 9.94A.507, the ((offender)) 26 individual may be transferred to a more restrictive confinement 27 status to serve up to the remaining portion of the sentence, less 28 credit for any period actually spent in community custody or in 29 detention awaiting disposition of an alleged violation. 30 (h) If the individual was granted conditional commutation 31 pursuant to RCW 9.94A.885, the individual may be transferred to a 32 more restrictive confinement status to serve up to the remaining 33 portion of the sentence, less credit for any period actually spent in 34 community custody or in detention awaiting disposition of an alleged 35 violation. 36 (3) If a probationer is being supervised by the department 37 pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may 38 be sanctioned pursuant to subsection (1) of this section. The 39 department shall have authority to issue a warrant for the arrest of 40 p. 7 HB 1131 an ((offender)) individual who violates a condition of community 1 custody, as provided in RCW 9.94A.716. Any sanctions shall be imposed 2 by the department pursuant to RCW 9.94A.737. Nothing in this 3 subsection is intended to limit the power of the sentencing court to 4 respond to a probationer's violation of conditions. 5 (4) The parole or probation of an ((offender)) individual who is 6 charged with a new felony offense may be suspended and the 7 ((offender)) individual placed in total confinement pending 8 disposition of the new criminal charges if: 9 (a) The ((offender)) individual is on parole pursuant to RCW 10 9.95.110(1); or 11 (b) The ((offender)) individual is being supervised pursuant to 12 RCW 9.94A.745 and is on parole or probation pursuant to the laws of 13 another state. 14 Sec. 5. RCW 9.94A.633 and 2024 c 306 s 7 are each amended to 15 read as follows: 16 (1)(a) An ((offender)) individual who violates any condition or 17 requirement of a sentence may be sanctioned by the court with up to 18 60 days' confinement for each violation or by the department with up 19 to 30 days' confinement as provided in RCW 9.94A.737. 20 (b) In lieu of confinement, an ((offender)) individual may be 21 sanctioned with work release, home detention with electronic 22 monitoring, work crew, community restitution, inpatient treatment, 23 daily reporting, curfew, educational or counseling sessions, 24 supervision enhanced through electronic monitoring, or any other 25 community-based sanctions. 26 (2) If an ((offender)) individual was under community custody 27 pursuant to one of the following statutes, the ((offender)) 28 individual may be sanctioned as follows: 29 (a) If the ((offender)) individual was transferred to community 30 custody in lieu of earned early release in accordance with RCW 31 9.94A.728, the ((offender)) individual may be transferred to a more 32 restrictive confinement status to serve up to the remaining portion 33 of the sentence, less credit for any period actually spent in 34 community custody or in detention awaiting disposition of an alleged 35 violation. 36 (b) If the ((offender)) individual was sentenced under the drug 37 offender sentencing alternative set out in RCW 9.94A.660, the 38 p. 8 HB 1131 ((offender)) individual may be sanctioned in accordance with that 1 section. 2 (c) If the ((offender)) individual was sentenced under the drug 3 offender sentencing alternative for driving under the influence set 4 out in RCW 9.94A.661, the ((offender)) individual may be sanctioned 5 in accordance with that section. 6 (d) If the ((offender)) individual was sentenced under the 7 parenting sentencing alternative set out in RCW 9.94A.655, the 8 ((offender)) individual may be sanctioned in accordance with that 9 section. 10 (e) If the ((offender)) individual was sentenced under the 11 special sex offender sentencing alternative set out in RCW 9.94A.670, 12 the suspended sentence may be revoked and the ((offender)) individual 13 committed to serve the original sentence of confinement. 14 (f) If the ((offender)) individual was sentenced under the mental 15 health sentencing alternative set out in RCW 9.94A.695, the 16 ((offender)) individual may be sanctioned in accordance with that 17 section. 18 (g) If the ((offender)) individual was sentenced to a work ethic 19 camp pursuant to RCW 9.94A.690, the ((offender)) individual may be 20 reclassified to serve the unexpired term of his or her sentence in 21 total confinement. 22 (h) If ((a sex offender)) an individual convicted of a sex 23 offense was sentenced pursuant to RCW 9.94A.507, the ((offender)) 24 individual may be transferred to a more restrictive confinement 25 status to serve up to the remaining portion of the sentence, less 26 credit for any period actually spent in community custody or in 27 detention awaiting disposition of an alleged violation. 28 (i) If the individual was granted conditional commutation 29 pursuant to RCW 9.94A.885, the individual may be transferred to a 30 more restrictive confinement status to serve up to the remaining 31 portion of the sentence, less credit for any period actually spent in 32 community custody or in detention awaiting disposition of an alleged 33 violation. 34 (3) If a probationer is being supervised by the department 35 pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may 36 be sanctioned pursuant to subsection (1) of this section. The 37 department shall have authority to issue a warrant for the arrest of 38 an ((offender)) individual who violates a condition of community 39 custody, as provided in RCW 9.94A.716. Any sanctions shall be imposed 40 p. 9 HB 1131 by the department pursuant to RCW 9.94A.737. Nothing in this 1 subsection is intended to limit the power of the sentencing court to 2 respond to a probationer's violation of conditions. 3 (4) The parole or probation of an ((offender)) individual who is 4 charged with a new felony offense may be suspended and the 5 ((offender)) individual placed in total confinement pending 6 disposition of the new criminal charges if: 7 (a) The ((offender)) individual is on parole pursuant to RCW 8 9.95.110(1); or 9 (b) The ((offender)) individual is being supervised pursuant to 10 RCW 9.94A.745 and is on parole or probation pursuant to the laws of 11 another state. 12 Sec. 6. RCW 9.94A.728 and 2023 c 358 s 1 are each amended to 13 read as follows: 14 (1) No incarcerated individual serving a sentence imposed 15 pursuant to this chapter and committed to the custody of the 16 department shall leave the confines of the correctional facility or 17 be released prior to the expiration of the sentence except as 18 follows: 19 (a) An incarcerated individual may earn early release time as 20 authorized by RCW 9.94A.729; 21 (b) An incarcerated individual may leave a correctional facility 22 pursuant to an authorized furlough or leave of absence. In addition, 23 incarcerated individuals may leave a correctional facility when in 24 the custody of a corrections officer or officers; 25 (c)(i) The secretary may authorize an extraordinary medical 26 placement for an incarcerated individual when all of the following 27 conditions exist: 28 (A) The incarcerated individual has been assessed by two 29 physicians and is determined to be one of the following: 30 (I) Affected by a permanent or degenerative medical condition to 31 such a degree that the individual does not presently, and likely will 32 not in the future, pose a threat to public safety; or 33 (II) In ill health and is expected to die within six months and 34 does not presently, and likely will not in the future, pose a threat 35 to public safety; 36 (B) The incarcerated individual has been assessed as low risk to 37 the community at the time of release; and 38 p. 10 HB 1131 (C) It is expected that granting the extraordinary medical 1 placement will result in a cost savings to the state. 2 (ii) An incarcerated individual sentenced to death or to life 3 imprisonment without the possibility of release or parole is not 4 eligible for an extraordinary medical placement. 5 (iii) The secretary shall require electronic monitoring for all 6 individuals in extraordinary medical placement unless the electronic 7 monitoring equipment is detrimental to the individual's health, 8 interferes with the function of the individual's medical equipment, 9 or results in the loss of funding for the individual's medical care, 10 in which case, an alternative type of monitoring shall be utilized. 11 The secretary shall specify who shall provide the monitoring services 12 and the terms under which the monitoring shall be performed. 13 (iv) The secretary may revoke an extraordinary medical placement 14 under this subsection (1)(c) at any time. 15 (v) Persistent offenders are not eligible for extraordinary 16 medical placement; 17 (d) The governor, upon recommendation from the clemency and 18 pardons board, may grant an extraordinary release ((for)): 19 (i) For reasons of serious health problems, senility, advanced 20 age, extraordinary meritorious acts, or other extraordinary 21 circumstances; or 22 (ii) Pursuant to RCW 9.94A.885; 23 (e) No more than the final 12 months of the incarcerated 24 individual's term of confinement may be served in partial confinement 25 for aiding the incarcerated individual with: Finding work as part of 26 the work release program under chapter 72.65 RCW; or reestablishing 27 himself or herself in the community as part of the parenting program 28 in RCW 9.94A.6551. This is in addition to that period of earned early 29 release time that may be exchanged for partial confinement pursuant 30 to RCW 9.94A.729(5)(d); 31 (f)(i) No more than the final five months of the incarcerated 32 individual's term of confinement may be served in partial confinement 33 as home detention as part of the graduated reentry program developed 34 by the department under RCW 9.94A.733(1)(a); 35 (ii) For eligible incarcerated individuals under RCW 36 9.94A.733(1)(b), after serving at least four months in total 37 confinement in a state correctional facility, an incarcerated 38 individual may serve no more than the final 18 months of the 39 incarcerated individual's term of confinement in partial confinement 40 p. 11 HB 1131 as home detention as part of the graduated reentry program developed 1 by the department; 2 (g) The governor may pardon any incarcerated individual; 3 (h) The department may release an incarcerated individual from 4 confinement any time within 10 days before a release date calculated 5 under this section; 6 (i) An incarcerated individual may leave a correctional facility 7 prior to completion of his or her sentence if the sentence has been 8 reduced as provided in RCW 9.94A.870; 9 (j) Notwithstanding any other provisions of this section, an 10 incarcerated individual sentenced for a felony crime listed in RCW 11 9.94A.540 as subject to a mandatory minimum sentence of total 12 confinement shall not be released from total confinement before the 13 completion of the listed mandatory minimum sentence for that felony 14 crime of conviction unless allowed under RCW 9.94A.540; and 15 (k) Any individual convicted of one or more crimes committed 16 prior to the individual's 18th birthday may be released from 17 confinement pursuant to RCW 9.94A.730. 18 (2) Notwithstanding any other provision of this section, an 19 incarcerated individual entitled to vacation of a conviction or the 20 recalculation of his or her offender score pursuant to State v. 21 Blake, No. 96873-0 (Feb. 25, 2021), may be released from confinement 22 pursuant to a court order if the incarcerated individual has already 23 served a period of confinement that exceeds his or her new standard 24 range. This provision does not create an independent right to release 25 from confinement prior to resentencing. 26 (3) Individuals residing in a juvenile correctional facility 27 placement pursuant to RCW 72.01.410(1)(a) are not subject to the 28 limitations in this section. 29 Sec. 7. RCW 9.94A.880 and 2011 c 336 s 335 are each amended to 30 read as follows: 31 (1) The clemency and pardons board is established as a board 32 within the office of the governor. The board consists of ((five)) 10 33 members appointed by the governor, subject to confirmation by the 34 senate. 35 (2) In making appointments to the board, the governor shall 36 strive to ensure racial, ethnic, geographic, gender, sexual identity, 37 and age diversity. The board membership must include the following: 38 (a) A person with lived experience in a community of color; 39 p. 12 HB 1131 (b) A person with lived experience as an incarcerated individual 1 or who has worked with the formerly incarcerated or successful 2 community reentry; 3 (c) A representative of a faith-based organization or church with 4 interest or experience in successful community reentry; 5 (d) A person with experience and interest in tribal affairs; and 6 (e) A representative of crime victims. 7 (3) Board members must attend training related to the principles 8 of racial equity, racism, and restorative justice at least every two 9 years. 10 (4) Members of the board ((shall)) may serve up to two terms of 11 ((four)) five years and may continue to serve until their successors 12 are appointed and confirmed. ((However, the)) The governor shall 13 stagger the initial terms ((by appointing one of the initial members 14 for a term of one year, one for a term of two years, one for a term 15 of three years, and two for terms of four years)) so that no more 16 than three members are up for appointment in any given year. Board 17 members as of the effective date of this section may serve the 18 member's remaining term. 19 (((3))) (5) The board shall elect a chair from among its members 20 and shall adopt bylaws governing the operation of the board. The 21 chair shall approve training and each member's hearing preparation 22 time as duties authorized for compensation under subsection (6) of 23 this section. 24 (((4))) (6) Members of the board shall ((receive no compensation 25 but shall be reimbursed for travel expenses as provided in RCW 26 43.03.050 and 43.03.060 as now existing or hereafter amended)) each 27 receive compensation in accordance with the provisions of RCW 28 43.03.250, unless waived by the member. All members shall receive 29 travel expenses incurred in the discharge of their official duties in 30 accordance with RCW 43.03.050 and 43.03.060. 31 (((5))) (7) The attorney general shall provide ((a staff as 32 needed for the operation of)) legal counsel to the board. 33 (8) Each petition for commutation or pardon shall be reviewed by 34 a panel of five board members. The panel membership shall be selected 35 by a random drawing conducted by board staff. 36 (9) For purposes of this section, "lived experience" has the 37 meaning provided in RCW 43.03.220. 38 p. 13 HB 1131 Sec. 8. RCW 9.94A.885 and 2009 c 325 s 6 and 2009 c 138 s 4 are 1 each reenacted and amended to read as follows: 2 (1) The clemency and pardons board shall receive petitions from 3 individuals, organizations, and the department and make 4 recommendations to the governor for ((review and commutation)): 5 (a) Commutation of sentences of incarcerated individuals when the 6 sentence no longer serves the interest of justice; and ((pardoning)) 7 (b) Pardoning of ((offenders)) individuals in extraordinary 8 cases((, and shall make recommendations thereon to the governor)). 9 (2) The board shall receive petitions from individuals or 10 organizations for the restoration of civil rights lost by operation 11 of state law as a result of convictions for federal offenses or out- 12 of-state felonies. The board may issue certificates of restoration 13 limited to engaging in political office. Any certifications granted 14 by the board must be filed with the secretary of state to be 15 effective. In all other cases, the board shall make recommendations 16 to the governor. 17 (3) The board shall not recommend that the governor grant 18 clemency under subsection (1) of this section until a public hearing 19 has been held on the petition. The prosecuting attorney of the county 20 where the conviction was obtained shall be notified at least 21 ((thirty)) 90 days prior to the scheduled hearing that a petition has 22 been filed and the date and place at which the hearing on the 23 petition will be held. The board may waive the ((thirty-day)) 90-day 24 notice requirement in cases where it determines that waiver is 25 necessary to permit timely action on the petition. A copy of the 26 petition shall be sent to the prosecuting attorney. The prosecuting 27 attorney shall make reasonable efforts to notify victims, survivors 28 of victims, witnesses, and the law enforcement agency or agencies 29 that conducted the investigation, of the date and place of the 30 hearing. Information regarding victims, survivors of victims, or 31 witnesses receiving this notice are confidential and shall not be 32 available to the ((offender)) incarcerated individual seeking 33 clemency. The board shall consider statements presented as set forth 34 in RCW 7.69.032. This subsection is intended solely for the guidance 35 of the board. Nothing in this section is intended or may be relied 36 upon to create a right or benefit, substantive or procedural, 37 enforceable at law by any person. 38 p. 14 HB 1131 NEW SECTION. Sec. 9. A new section is added to chapter 9.94A 1 RCW to read as follows: 2 The clemency and pardons board shall transmit to the governor and 3 the legislature, at least annually, a report of its work, in which 4 shall be given such information as may be relevant. The information 5 must include the names of any offenders granted commutation or a 6 pardon in the previous calendar year, the crimes of which those 7 offenders were convicted, and any known acts of recidivism during the 8 preceding calendar year by any offender listed in any report 9 submitted under this section. 10 NEW SECTION. Sec. 10. Sections 1 and 4 of this act expire 11 January 1, 2026. 12 NEW SECTION. Sec. 11. Sections 2 and 5 of this act take effect 13 January 1, 2026. 14 --- END --- p. 15 HB 1131

CERTIFICATION OF ENROLLMENT ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1131 Chapter 371, Laws of 2025 (partial veto) 69th Legislature 2025 Regular Session CLEMENCY AND PARDONS—VARIOUS PROVISIONS EFFECTIVE DATE: July 27, 2025—Except for sections 2 and 5, which take effect January 1, 2026. Passed by the House April 22, 2025 Yeas 50 Nays 46 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 15, 2025 Yeas 28 Nays 19 DENNY HECK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1131 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved May 20, 2025 10:12 AM with the exception of section 12, which is vetoed. FILED May 20, 2025 BOB FERGUSON Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to clemency and pardons; amending RCW 9.94A.501, 1 9.94A.565, 9.94A.633, 9.94A.633, 9.94A.728, and 9.94A.880; reenacting 2 and amending RCW 9.94A.501 and 9.94A.885; adding a new section to 3 chapter 9.94A RCW; creating a new section; providing an effective 4 date; and providing an expiration date. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 6 Sec. 1. RCW 9.94A.501 and 2024 c 63 s 3 are each amended to read 7 as follows: 8 (1) The department shall supervise the following ((offenders)) 9 individuals who are sentenced to probation in superior court, 10 pursuant to RCW 9.92.060, 9.95.204, or 9.95.210: 11 (a) ((Offenders)) Individuals convicted of: 12 (i) Sexual misconduct with a minor second degree; 13 (ii) Custodial sexual misconduct second degree; 14 (iii) Communication with a minor for immoral purposes; and 15 (iv) Violation of RCW 9A.44.132(2) (failure to register); and 16 (b) ((Offenders)) Individuals who have: 17 (i) A current conviction for a repetitive domestic violence 18 offense after August 1, 2011; and 19 (ii) A prior conviction for a repetitive domestic violence 20 offense or domestic violence felony offense after August 1, 2011. 21 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1131 AS AMENDED BY THE SENATE Passed Legislature - 2025 Regular Session State of Washington 69th Legislature 2025 Regular Session By House Appropriations (originally sponsored by Representatives Goodman, Hackney, Simmons, Wylie, Ormsby, and Hill) READ FIRST TIME 02/21/25. p. 1 E2SHB 1131.SL (2) ((Misdemeanor)) Individuals convicted of misdemeanor and 1 gross misdemeanor ((offenders)) offenses supervised by the department 2 pursuant to this section shall be placed on community custody. 3 (3) The department shall supervise every individual convicted of 4 a felony ((offender)) and sentenced to community custody pursuant to 5 RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the 6 ((offender)) individual as one who is at a high risk to reoffend. 7 (4) Notwithstanding any other provision of this section, the 8 department shall supervise an ((offender)) individual sentenced to 9 community custody regardless of risk classification if the 10 ((offender)) individual: 11 (a) Has a current conviction for a sex offense or a serious 12 violent offense and was sentenced to a term of community custody 13 pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507; 14 (b) Has been identified by the department as a dangerous mentally 15 ill offender pursuant to RCW 72.09.370; 16 (c) Has an indeterminate sentence and is subject to parole 17 pursuant to RCW 9.95.017; 18 (d) Has a current conviction for violating RCW 9A.44.132(1) 19 (failure to register) and was sentenced to a term of community 20 custody pursuant to RCW 9.94A.701; 21 (e)(i) Has a current conviction for a domestic violence felony 22 offense after August 1, 2011, and a prior conviction for a repetitive 23 domestic violence offense or domestic violence felony offense after 24 August 1, 2011. This subsection (4)(e)(i) applies only to offenses 25 committed prior to July 24, 2015; 26 (ii) Has a current conviction for a domestic violence felony 27 offense. The state and its officers, agents, and employees shall not 28 be held criminally or civilly liable for its supervision of an 29 ((offender)) individual under this subsection (4)(e)(ii) unless the 30 state and its officers, agents, and employees acted with gross 31 negligence; 32 (f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 33 9.94A.670, 9.94A.711, or 9.94A.695; 34 (g) Is subject to supervision pursuant to RCW 9.94A.745; or 35 (h) Was convicted and sentenced under RCW 46.61.520 (vehicular 36 homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) 37 (felony DUI), or RCW 46.61.504(6) (felony physical control). 38 (5) The department shall supervise any ((offender who is)) 39 individual released by the indeterminate sentence review board 40 p. 2 E2SHB 1131.SL ((and)) who was sentenced to community custody or subject to 1 community custody under the terms of release. 2 (6) The department shall supervise any individual granted 3 conditional commutation pursuant to RCW 9.94A.885 if the governor 4 includes a term of community custody as a condition of commutation. 5 (7) The department is not authorized to, and may not, supervise 6 any ((offender)) individual sentenced to a term of community custody 7 or any probationer unless the ((offender)) individual or probationer 8 is one for whom supervision is required under this section ((or RCW 9 9.94A.5011)). 10 (((7))) (8) The department shall conduct a risk assessment for 11 every individual convicted of a felony ((offender)) and sentenced to 12 a term of community custody who may be subject to supervision under 13 this section ((or RCW 9.94A.5011)). 14 (((8))) (9) The period of time the department is authorized to 15 supervise an ((offender)) individual under this section may not 16 exceed the duration of community custody specified under RCW 17 9.94B.050, 9.94A.701 (1) through (9), or 9.94A.702, except in cases 18 where the court has imposed an exceptional term of community custody 19 under RCW 9.94A.535 and where the governor imposes a term of 20 community custody as a condition of conditional commutation or 21 imposes an additional term of community custody due to a violation of 22 conditional commutation. 23 (((9))) (10) The period of time the department is authorized to 24 supervise an ((offender)) individual under this section may be 25 reduced by the earned award of supervision compliance credit pursuant 26 to RCW 9.94A.717. 27 Sec. 2. RCW 9.94A.501 and 2024 c 306 s 4 and 2024 c 63 s 3 are 28 each reenacted and amended to read as follows: 29 (1) The department shall supervise the following ((offenders)) 30 individuals who are sentenced to probation in superior court, 31 pursuant to RCW 9.92.060, 9.95.204, or 9.95.210: 32 (a) ((Offenders)) Individuals convicted of: 33 (i) Sexual misconduct with a minor second degree; 34 (ii) Custodial sexual misconduct second degree; 35 (iii) Communication with a minor for immoral purposes; and 36 (iv) Violation of RCW 9A.44.132(2) (failure to register); and 37 (b) ((Offenders)) Individuals who have: 38 p. 3 E2SHB 1131.SL (i) A current conviction for a repetitive domestic violence 1 offense after August 1, 2011; and 2 (ii) A prior conviction for a repetitive domestic violence 3 offense or domestic violence felony offense after August 1, 2011. 4 (2) ((Misdemeanor)) Individuals convicted of misdemeanor and 5 gross misdemeanor ((offenders)) offenses supervised by the department 6 pursuant to this section shall be placed on community custody. 7 (3) The department shall supervise every individual convicted of 8 a felony ((offender)) and sentenced to community custody pursuant to 9 RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the 10 ((offender)) individual as one who is at a high risk to reoffend. 11 (4) Notwithstanding any other provision of this section, the 12 department shall supervise an ((offender)) individual sentenced to 13 community custody regardless of risk classification if the 14 ((offender)) individual: 15 (a) Has a current conviction for a sex offense or a serious 16 violent offense and was sentenced to a term of community custody 17 pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507; 18 (b) Has been identified by the department as a dangerous mentally 19 ill offender pursuant to RCW 72.09.370; 20 (c) Has an indeterminate sentence and is subject to parole 21 pursuant to RCW 9.95.017; 22 (d) Has a current conviction for violating RCW 9A.44.132(1) 23 (failure to register) and was sentenced to a term of community 24 custody pursuant to RCW 9.94A.701; 25 (e)(i) Has a current conviction for a domestic violence felony 26 offense after August 1, 2011, and a prior conviction for a repetitive 27 domestic violence offense or domestic violence felony offense after 28 August 1, 2011. This subsection (4)(e)(i) applies only to offenses 29 committed prior to July 24, 2015; 30 (ii) Has a current conviction for a domestic violence felony 31 offense. The state and its officers, agents, and employees shall not 32 be held criminally or civilly liable for its supervision of an 33 ((offender)) individual under this subsection (4)(e)(ii) unless the 34 state and its officers, agents, and employees acted with gross 35 negligence; 36 (f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 37 9.94A.670, 9.94A.711, 9.94A.695, or 9.94A.661; 38 (g) Is subject to supervision pursuant to RCW 9.94A.745; or 39 p. 4 E2SHB 1131.SL (h) Was convicted and sentenced under RCW 46.61.520 (vehicular 1 homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) 2 (felony DUI), or RCW 46.61.504(6) (felony physical control). 3 (5) The department shall supervise any ((offender who is)) 4 individual released by the indeterminate sentence review board 5 ((and)) who was sentenced to community custody or subject to 6 community custody under the terms of release. 7 (6) The department shall supervise any individual granted 8 conditional commutation pursuant to RCW 9.94A.885. 9 (7) The department is not authorized to, and may not, supervise 10 any ((offender)) individual sentenced to a term of community custody 11 or any probationer unless the ((offender)) individual or probationer 12 is one for whom supervision is required under this section ((or RCW 13 9.94A.5011)). 14 (((7))) (8) The department shall conduct a risk assessment for 15 every individual convicted of a felony ((offender)) and sentenced to 16 a term of community custody who may be subject to supervision under 17 this section ((or RCW 9.94A.5011)). 18 (((8))) (9) The period of time the department is authorized to 19 supervise an ((offender)) individual under this section may not 20 exceed the duration of community custody specified under RCW 21 9.94B.050, 9.94A.701 (1) through (9), or 9.94A.702, except in cases 22 where the court has imposed an exceptional term of community custody 23 under RCW 9.94A.535 and where the governor imposes a term of 24 community custody as a condition of conditional commutation or 25 imposes an additional term of community custody due to a violation of 26 conditional commutation. 27 (((9))) (10) The period of time the department is authorized to 28 supervise an ((offender)) individual under this section may be 29 reduced by the earned award of supervision compliance credit pursuant 30 to RCW 9.94A.717. 31 Sec. 3. RCW 9.94A.565 and 1994 c 1 s 5 are each amended to read 32 as follows: 33 (1) Nothing in chapter 1, Laws of 1994 or chapter 10.95 RCW shall 34 ever be interpreted or construed as to reduce or eliminate the power 35 of the governor to grant a pardon or clemency to any ((offender)) 36 individual on an individual case-by-case basis. However, the people 37 recommend that ((any offender)): 38 p. 5 E2SHB 1131.SL (a) Any incarcerated individual subject to total confinement for 1 life without the possibility of parole not be considered for release 2 until the ((offender)) incarcerated individual has ((reached the age 3 of at least sixty years old and has)) been judged to ((be)) no longer 4 be a threat to society((. The people further recommend that sex 5 offenders)); 6 (b) Incarcerated individuals who have been convicted of a sex 7 offense be held to the utmost scrutiny under this subsection 8 regardless of age; and 9 (c) Release take the form of a commutation that includes a period 10 of law-abiding behavior in the community. 11 (2) Nothing in this section shall ever be interpreted or 12 construed to grant any release for the purpose of reducing prison 13 overcrowding. Furthermore, the governor shall provide twice yearly 14 reports on the activities and progress of ((offenders)) individuals 15 subject to total confinement for life without the possibility of 16 parole who are released through executive action during his or her 17 tenure. These reports shall continue for not less than ((ten)) 10 18 years after the release of the ((offender)) individual or upon the 19 death of the released ((offender)) individual. 20 Sec. 4. RCW 9.94A.633 and 2021 c 242 s 4 are each amended to 21 read as follows: 22 (1)(a) An ((offender)) individual who violates any condition or 23 requirement of a sentence may be sanctioned by the court with up to 24 ((sixty)) 60 days' confinement for each violation or by the 25 department with up to ((thirty)) 30 days' confinement as provided in 26 RCW 9.94A.737. 27 (b) In lieu of confinement, an ((offender)) individual may be 28 sanctioned with work release, home detention with electronic 29 monitoring, work crew, community restitution, inpatient treatment, 30 daily reporting, curfew, educational or counseling sessions, 31 supervision enhanced through electronic monitoring, or any other 32 community-based sanctions. 33 (2) If an ((offender)) individual was under community custody 34 pursuant to one of the following statutes, the ((offender)) 35 individual may be sanctioned as follows: 36 (a) If the ((offender)) individual was transferred to community 37 custody in lieu of earned early release in accordance with RCW 38 9.94A.728, the ((offender)) individual may be transferred to a more 39 p. 6 E2SHB 1131.SL restrictive confinement status to serve up to the remaining portion 1 of the sentence, less credit for any period actually spent in 2 community custody or in detention awaiting disposition of an alleged 3 violation. 4 (b) If the ((offender)) individual was sentenced under the drug 5 offender sentencing alternative set out in RCW 9.94A.660, the 6 ((offender)) individual may be sanctioned in accordance with that 7 section. 8 (c) If the ((offender)) individual was sentenced under the 9 parenting sentencing alternative set out in RCW 9.94A.655, the 10 ((offender)) individual may be sanctioned in accordance with that 11 section. 12 (d) If the ((offender)) individual was sentenced under the 13 special sex offender sentencing alternative set out in RCW 9.94A.670, 14 the suspended sentence may be revoked and the ((offender)) individual 15 committed to serve the original sentence of confinement. 16 (e) If the ((offender)) individual was sentenced under the mental 17 health sentencing alternative set out in RCW 9.94A.695, the 18 ((offender)) individual may be sanctioned in accordance with that 19 section. 20 (f) If the ((offender)) individual was sentenced to a work ethic 21 camp pursuant to RCW 9.94A.690, the ((offender)) individual may be 22 reclassified to serve the unexpired term of his or her sentence in 23 total confinement. 24 (g) If ((a sex offender)) an individual convicted of a sex 25 offense was sentenced pursuant to RCW 9.94A.507, the ((offender)) 26 individual may be transferred to a more restrictive confinement 27 status to serve up to the remaining portion of the sentence, less 28 credit for any period actually spent in community custody or in 29 detention awaiting disposition of an alleged violation. 30 (h) If the individual was granted conditional commutation 31 pursuant to RCW 9.94A.885, the individual may be transferred to a 32 more restrictive confinement status to serve up to the remaining 33 portion of the sentence, less credit for any period actually spent in 34 community custody or in detention awaiting disposition of an alleged 35 violation. 36 (3) If a probationer is being supervised by the department 37 pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may 38 be sanctioned pursuant to subsection (1) of this section. The 39 department shall have authority to issue a warrant for the arrest of 40 p. 7 E2SHB 1131.SL an ((offender)) individual who violates a condition of community 1 custody, as provided in RCW 9.94A.716. Any sanctions shall be imposed 2 by the department pursuant to RCW 9.94A.737. Nothing in this 3 subsection is intended to limit the power of the sentencing court to 4 respond to a probationer's violation of conditions. 5 (4) The parole or probation of an ((offender)) individual who is 6 charged with a new felony offense may be suspended and the 7 ((offender)) individual placed in total confinement pending 8 disposition of the new criminal charges if: 9 (a) The ((offender)) individual is on parole pursuant to RCW 10 9.95.110(1); or 11 (b) The ((offender)) individual is being supervised pursuant to 12 RCW 9.94A.745 and is on parole or probation pursuant to the laws of 13 another state. 14 Sec. 5. RCW 9.94A.633 and 2024 c 306 s 7 are each amended to 15 read as follows: 16 (1)(a) An ((offender)) individual who violates any condition or 17 requirement of a sentence may be sanctioned by the court with up to 18 60 days' confinement for each violation or by the department with up 19 to 30 days' confinement as provided in RCW 9.94A.737. 20 (b) In lieu of confinement, an ((offender)) individual may be 21 sanctioned with work release, home detention with electronic 22 monitoring, work crew, community restitution, inpatient treatment, 23 daily reporting, curfew, educational or counseling sessions, 24 supervision enhanced through electronic monitoring, or any other 25 community-based sanctions. 26 (2) If an ((offender)) individual was under community custody 27 pursuant to one of the following statutes, the ((offender)) 28 individual may be sanctioned as follows: 29 (a) If the ((offender)) individual was transferred to community 30 custody in lieu of earned early release in accordance with RCW 31 9.94A.728, the ((offender)) individual may be transferred to a more 32 restrictive confinement status to serve up to the remaining portion 33 of the sentence, less credit for any period actually spent in 34 community custody or in detention awaiting disposition of an alleged 35 violation. 36 (b) If the ((offender)) individual was sentenced under the drug 37 offender sentencing alternative set out in RCW 9.94A.660, the 38 p. 8 E2SHB 1131.SL ((offender)) individual may be sanctioned in accordance with that 1 section. 2 (c) If the ((offender)) individual was sentenced under the drug 3 offender sentencing alternative for driving under the influence set 4 out in RCW 9.94A.661, the ((offender)) individual may be sanctioned 5 in accordance with that section. 6 (d) If the ((offender)) individual was sentenced under the 7 parenting sentencing alternative set out in RCW 9.94A.655, the 8 ((offender)) individual may be sanctioned in accordance with that 9 section. 10 (e) If the ((offender)) individual was sentenced under the 11 special sex offender sentencing alternative set out in RCW 9.94A.670, 12 the suspended sentence may be revoked and the ((offender)) individual 13 committed to serve the original sentence of confinement. 14 (f) If the ((offender)) individual was sentenced under the mental 15 health sentencing alternative set out in RCW 9.94A.695, the 16 ((offender)) individual may be sanctioned in accordance with that 17 section. 18 (g) If the ((offender)) individual was sentenced to a work ethic 19 camp pursuant to RCW 9.94A.690, the ((offender)) individual may be 20 reclassified to serve the unexpired term of his or her sentence in 21 total confinement. 22 (h) If ((a sex offender)) an individual convicted of a sex 23 offense was sentenced pursuant to RCW 9.94A.507, the ((offender)) 24 individual may be transferred to a more restrictive confinement 25 status to serve up to the remaining portion of the sentence, less 26 credit for any period actually spent in community custody or in 27 detention awaiting disposition of an alleged violation. 28 (i) If the individual was granted conditional commutation 29 pursuant to RCW 9.94A.885, the individual may be transferred to a 30 more restrictive confinement status to serve up to the remaining 31 portion of the sentence, less credit for any period actually spent in 32 community custody or in detention awaiting disposition of an alleged 33 violation. 34 (3) If a probationer is being supervised by the department 35 pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may 36 be sanctioned pursuant to subsection (1) of this section. The 37 department shall have authority to issue a warrant for the arrest of 38 an ((offender)) individual who violates a condition of community 39 custody, as provided in RCW 9.94A.716. Any sanctions shall be imposed 40 p. 9 E2SHB 1131.SL by the department pursuant to RCW 9.94A.737. Nothing in this 1 subsection is intended to limit the power of the sentencing court to 2 respond to a probationer's violation of conditions. 3 (4) The parole or probation of an ((offender)) individual who is 4 charged with a new felony offense may be suspended and the 5 ((offender)) individual placed in total confinement pending 6 disposition of the new criminal charges if: 7 (a) The ((offender)) individual is on parole pursuant to RCW 8 9.95.110(1); or 9 (b) The ((offender)) individual is being supervised pursuant to 10 RCW 9.94A.745 and is on parole or probation pursuant to the laws of 11 another state. 12 Sec. 6. RCW 9.94A.728 and 2023 c 358 s 1 are each amended to 13 read as follows: 14 (1) No incarcerated individual serving a sentence imposed 15 pursuant to this chapter and committed to the custody of the 16 department shall leave the confines of the correctional facility or 17 be released prior to the expiration of the sentence except as 18 follows: 19 (a) An incarcerated individual may earn early release time as 20 authorized by RCW 9.94A.729; 21 (b) An incarcerated individual may leave a correctional facility 22 pursuant to an authorized furlough or leave of absence. In addition, 23 incarcerated individuals may leave a correctional facility when in 24 the custody of a corrections officer or officers; 25 (c)(i) The secretary may authorize an extraordinary medical 26 placement for an incarcerated individual when all of the following 27 conditions exist: 28 (A) The incarcerated individual has been assessed by two 29 physicians and is determined to be one of the following: 30 (I) Affected by a permanent or degenerative medical condition to 31 such a degree that the individual does not presently, and likely will 32 not in the future, pose a threat to public safety; or 33 (II) In ill health and is expected to die within six months and 34 does not presently, and likely will not in the future, pose a threat 35 to public safety; 36 (B) The incarcerated individual has been assessed as low risk to 37 the community at the time of release; and 38 p. 10 E2SHB 1131.SL (C) It is expected that granting the extraordinary medical 1 placement will result in a cost savings to the state. 2 (ii) An incarcerated individual sentenced to death or to life 3 imprisonment without the possibility of release or parole is not 4 eligible for an extraordinary medical placement. 5 (iii) The secretary shall require electronic monitoring for all 6 individuals in extraordinary medical placement unless the electronic 7 monitoring equipment is detrimental to the individual's health, 8 interferes with the function of the individual's medical equipment, 9 or results in the loss of funding for the individual's medical care, 10 in which case, an alternative type of monitoring shall be utilized. 11 The secretary shall specify who shall provide the monitoring services 12 and the terms under which the monitoring shall be performed. 13 (iv) The secretary may revoke an extraordinary medical placement 14 under this subsection (1)(c) at any time. 15 (v) Persistent offenders are not eligible for extraordinary 16 medical placement; 17 (d) The governor, upon recommendation from the clemency and 18 pardons board, may grant an extraordinary release ((for)): 19 (i) For reasons of serious health problems, senility, advanced 20 age, extraordinary meritorious acts, or other extraordinary 21 circumstances; or 22 (ii) Pursuant to RCW 9.94A.885; 23 (e) No more than the final 12 months of the incarcerated 24 individual's term of confinement may be served in partial confinement 25 for aiding the incarcerated individual with: Finding work as part of 26 the work release program under chapter 72.65 RCW; or reestablishing 27 himself or herself in the community as part of the parenting program 28 in RCW 9.94A.6551. This is in addition to that period of earned early 29 release time that may be exchanged for partial confinement pursuant 30 to RCW 9.94A.729(5)(d); 31 (f)(i) No more than the final five months of the incarcerated 32 individual's term of confinement may be served in partial confinement 33 as home detention as part of the graduated reentry program developed 34 by the department under RCW 9.94A.733(1)(a); 35 (ii) For eligible incarcerated individuals under RCW 36 9.94A.733(1)(b), after serving at least four months in total 37 confinement in a state correctional facility, an incarcerated 38 individual may serve no more than the final 18 months of the 39 incarcerated individual's term of confinement in partial confinement 40 p. 11 E2SHB 1131.SL as home detention as part of the graduated reentry program developed 1 by the department; 2 (g) The governor may pardon any incarcerated individual; 3 (h) The department may release an incarcerated individual from 4 confinement any time within 10 days before a release date calculated 5 under this section; 6 (i) An incarcerated individual may leave a correctional facility 7 prior to completion of his or her sentence if the sentence has been 8 reduced as provided in RCW 9.94A.870; 9 (j) Notwithstanding any other provisions of this section, an 10 incarcerated individual sentenced for a felony crime listed in RCW 11 9.94A.540 as subject to a mandatory minimum sentence of total 12 confinement shall not be released from total confinement before the 13 completion of the listed mandatory minimum sentence for that felony 14 crime of conviction unless allowed under RCW 9.94A.540; and 15 (k) Any individual convicted of one or more crimes committed 16 prior to the individual's 18th birthday may be released from 17 confinement pursuant to RCW 9.94A.730. 18 (2) Notwithstanding any other provision of this section, an 19 incarcerated individual entitled to vacation of a conviction or the 20 recalculation of his or her offender score pursuant to State v. 21 Blake, No. 96873-0 (Feb. 25, 2021), may be released from confinement 22 pursuant to a court order if the incarcerated individual has already 23 served a period of confinement that exceeds his or her new standard 24 range. This provision does not create an independent right to release 25 from confinement prior to resentencing. 26 (3) Individuals residing in a juvenile correctional facility 27 placement pursuant to RCW 72.01.410(1)(a) are not subject to the 28 limitations in this section. 29 Sec. 7. RCW 9.94A.880 and 2011 c 336 s 335 are each amended to 30 read as follows: 31 (1) The clemency and pardons board is established as a board 32 within the office of the governor. The board consists of ((five)) 10 33 members appointed by the governor, subject to confirmation by the 34 senate. 35 (2) In making appointments to the board, the governor shall 36 strive to ensure racial, ethnic, geographic, gender, sexual identity, 37 and age diversity. The board membership must include the following: 38 p. 12 E2SHB 1131.SL (a) A person from an underrepresented population with direct 1 lived experience; 2 (b) A person with lived experience as an incarcerated individual 3 or who has worked with the formerly incarcerated or successful 4 community reentry; 5 (c) A representative of a faith-based organization or church with 6 interest or experience in successful community reentry; 7 (d) A person with experience and interest in tribal affairs; and 8 (e) Two representatives of crime victims. 9 (3) Board members must attend training related to the principles 10 of racial equity, racism, and restorative justice at least every two 11 years. 12 (4) Members of the board ((shall)) may serve up to two terms of 13 ((four)) five years and may continue to serve until their successors 14 are appointed and confirmed. ((However, the)) The governor shall 15 stagger the initial terms ((by appointing one of the initial members 16 for a term of one year, one for a term of two years, one for a term 17 of three years, and two for terms of four years)) so that no more 18 than three members are up for appointment in any given year. Board 19 members as of the effective date of this section may serve the 20 member's remaining term. 21 (((3))) (5) The board shall elect a chair from among its members 22 and shall adopt bylaws governing the operation of the board. The 23 chair shall approve training and each member's hearing preparation 24 time as duties authorized for compensation under subsection (6) of 25 this section. 26 (((4))) (6) Members of the board shall ((receive no compensation 27 but shall be reimbursed for travel expenses as provided in RCW 28 43.03.050 and 43.03.060 as now existing or hereafter amended)) each 29 receive compensation in accordance with the provisions of RCW 30 43.03.250, unless waived by the member. All members shall receive 31 travel expenses incurred in the discharge of their official duties in 32 accordance with RCW 43.03.050 and 43.03.060. 33 (((5))) (7) The attorney general shall provide a staff as needed 34 for the operation of the board. 35 (8) Each petition for commutation or pardon shall be reviewed by 36 a panel of five board members. The panel membership shall be selected 37 by a random drawing conducted by board staff. 38 p. 13 E2SHB 1131.SL (9) For purposes of this section, "direct lived experience" and 1 "underrepresented population" have the meanings provided for in RCW 2 43.18A.010. 3 Sec. 8. RCW 9.94A.885 and 2009 c 325 s 6 and 2009 c 138 s 4 are 4 each reenacted and amended to read as follows: 5 (1) The clemency and pardons board shall receive petitions from 6 individuals, organizations, and the department and make 7 recommendations to the governor for ((review and commutation)): 8 (a) Commutation of sentences of incarcerated individuals when the 9 sentence no longer serves the interest of justice; and ((pardoning)) 10 (b) Pardoning of ((offenders)) individuals in extraordinary 11 cases((, and shall make recommendations thereon to the governor)). 12 (2) If a petitioner indicates in the petition an urgent need for 13 the pardon or commutation including, but not limited to, a pending 14 deportation order or deportation proceeding, the board shall consider 15 expedited review of the application. 16 (3) The board shall receive petitions from individuals or 17 organizations for the restoration of civil rights lost by operation 18 of state law as a result of convictions for federal offenses or out- 19 of-state felonies. The board may issue certificates of restoration 20 limited to engaging in political office. Any certifications granted 21 by the board must be filed with the secretary of state to be 22 effective. In all other cases, the board shall make recommendations 23 to the governor. 24 (((3))) (4) The board shall not recommend that the governor grant 25 clemency under subsection (1) of this section until a public hearing 26 has been held on the petition. The prosecuting attorney of the county 27 where the conviction was obtained shall be notified at least 28 ((thirty)) 90 days prior to the scheduled hearing that a petition has 29 been filed and the date and place at which the hearing on the 30 petition will be held. The board may waive the ((thirty-day)) 90-day 31 notice requirement in cases where it determines that waiver is 32 necessary to permit timely action on the petition. A copy of the 33 petition shall be sent to the prosecuting attorney. The prosecuting 34 attorney shall make reasonable efforts to notify victims, survivors 35 of victims, witnesses, and the law enforcement agency or agencies 36 that conducted the investigation, of the date and place of the 37 hearing. Information regarding victims, survivors of victims, or 38 witnesses receiving this notice are confidential and shall not be 39 p. 14 E2SHB 1131.SL available to the ((offender)) incarcerated individual seeking 1 clemency. The board shall consider statements presented as set forth 2 in RCW 7.69.032. This subsection is intended solely for the guidance 3 of the board. Nothing in this section is intended or may be relied 4 upon to create a right or benefit, substantive or procedural, 5 enforceable at law by any person. 6 (5) An applicant is eligible for a pardon, commutation, or 7 restoration of civil rights without regard to his or her immigration 8 status. 9 NEW SECTION. Sec. 9. A new section is added to chapter 9.94A 10 RCW to read as follows: 11 The clemency and pardons board shall transmit to the governor and 12 the legislature, at least annually, a report of its work, in which 13 shall be given such information as may be relevant. The information 14 must include the names of any individuals granted commutation or a 15 pardon in the previous calendar year, the crimes of which those 16 individuals were convicted, and any known acts of recidivism during 17 the preceding calendar year by any individual listed in any report 18 submitted under this section. 19 NEW SECTION. Sec. 10. Sections 1 and 4 of this act expire 20 January 1, 2026. 21 NEW SECTION. Sec. 11. Sections 2 and 5 of this act take effect 22 January 1, 2026. 23 *NEW SECTION. Sec. 12. If specific funding for the purposes of 24 this act, referencing this act by bill or chapter number, is not 25 provided by June 30, 2025, in the omnibus appropriations act, this 26 act is null and void. 27 *Sec. 12 was vetoed. See message at end of chapter. Passed by the House April 22, 2025. Passed by the Senate April 15, 2025. Approved by the Governor May 20, 2025, with the exception of certain items that were vetoed. Filed in Office of Secretary of State May 20, 2025. Note: Governor's explanation of partial veto is as follows: "I am returning herewith, without my approval as to Section 12, Engrossed Second Substitute House Bill No. 1131 entitled: "AN ACT Relating to clemency and pardons." p. 15 E2SHB 1131.SL This bill expands the membership of the clemency and pardons board, makes board members eligible for compensation, and makes changes to the board's process of reviewing applications and other functions. Section 12 makes the bill null and void if specific funding is not provided for the bill. Because the Legislature did not provide specific funding in the omnibus operating budget for implementing this bill, I am vetoing Section 12 to ensure this act goes into effect. I intend to seek the necessary funding to support the work contemplated by this legislation in the next budget. For these reasons I have vetoed Section 12 of Engrossed Second Substitute House Bill No. 1131. With the exception of Section 12, Engrossed Second Substitute House Bill No. 1131 is approved." --- END --- p. 16 E2SHB 1131.SL