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Sentencing panel backs framework to let some defendants avoid felony record after completing diversion
Summary
The Washington Sentencing Guidelines Commission voted to support a first-time-offender sentencing alternative that, if adopted by the Legislature, would let eligible people avoid a felony conviction after successful completion of agreed terms; members agreed to use HB 22-17 as a starting point for drafting details.
The Washington State Sentencing Guidelines Commission voted to support a policy framework that would let some people charged with eligible felonies earn the opportunity to avoid a felony conviction following successful completion of a first-time-offender program.
Judge Swan, who chaired the meeting, told commissioners the first-time-offender waiver (FTOW) and the House bill drafted last session (HB 22-17) would be the focus of the discussion and that the commission should try to reach a direction before returning to details. "I do think it was really helpful today that we at least knew what a direction we wanted to go," he said.
Advocates for changing the statute said uptake of the current FTOW is low because the alternative often offers no clear benefit compared with the standard sentencing range. "When they hear that a first time offender waiver doesn't result in giving them an avenue away from a felony conviction, and requires more onerous conditions than what they would have otherwise, it just has no value to them,"…
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