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Washington commission reopens review of first‑time offender waiver after data shows narrower eligibility and heavy supervision

Washington Sentencing Guideline Commission · April 10, 2026
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Summary

At its April 10 meeting the Washington Sentencing Guideline Commission reviewed new sentencing and DOC supervision data showing FTOW use has declined even as eligible cases shrank; members agreed to study 2SSB 2217 and return with more focused recommendations.

The Washington Sentencing Guideline Commission on April 10 resumed a months‑long review of the state’s First‑Time Offender Waiver (FTOW), hearing staff analysis that shows the waiver’s eligible population has declined while its use in absolute terms has remained roughly steady.

Vice Chair Ty Mentzer called the meeting to order and said the group would revisit the FTOW analysis that had been paused last year. Carrie Anne, the staff lead on the project, summarized a survey of judges, prosecutors and defense attorneys that identified practical barriers to FTOW use, including that it often offers little sentencing benefit compared with the standard range and that mandatory community‑custody requirements make the waiver less attractive to some practitioners.

Lauren (Dr. KP), who presented sentencing and Department of Corrections (DOC) supervision data, said the data show a falling eligible population and corresponding shifts in the composition of cases.…

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