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Mixed testimony on retroactive resentencing bill; public defenders warn of heavy workload while advocates and pro‑bono groups say caseload is small

Washington State Senate Ways and Means Committee · January 29, 2026
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Summary

Substitute Senate Bill 5,945 would exclude juvenile convictions (except certain violent crimes) from the persistent‑offender list and trigger expedited resentencing; testimony ranged from concerns by prosecutors and public defenders about victim impacts and court workload to pro‑bono capacity claims that only about 10 people statewide would be affected.

Substitute Senate Bill 5,945 would revise the definition of persistent offender (the state’s three‑strikes framework) to exclude convictions for offenses committed under age 18, with exceptions for first‑ or second‑degree murder and certain violent felonies. The substitute bill is retroactive and would require expedited resentencing for people currently incarcerated who would no longer meet the persistent‑offender definition under the revised law.

Committee staff and fiscal notes presented a range of possible…

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