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2021 Senate Bill 5036: Concerning conditional commutation by the clemency and pardons board
Introduced by Sen. Manka Dhingra (Redmond) (D) on January 11, 2021
Referred to the Senate Law & Justice Committee on January 11, 2021
Substitute offered in the Senate on February 4, 2021
An incarcerated individual may petition for conditional commutation after 15 consecutive years in total confinement if the person is serving life without parole as a result of a conviction for robbery 2, or 25 consecutive years if the person was convicted of aggravated murder. The ability for the Governor to revoke an order granting conditional commutation is removed. When an individual is released on extraordinary medical placement, electronic monitoring may be waived if the monitoring is detrimental to the person’s health or prevents the individual from being independently mobile. Terminology throughout the bill is changed from offender to incarcerated individual or individual.
Referred to the Senate Ways & Means Committee on February 4, 2021
Substitute offered in the Senate on February 19, 2021
Removes the requirement that the Board consider evidence of an incarcerated individual's remorse, atonement, and self-reflection, but retains the requirement that the Board consider the impact on an individual's ability to provide evidence of remorse, atonement, and self- reflection.
Referred to the Senate Rules Committee on February 22, 2021
Amendment offered by Sen. Sharon Brown (Kennewick) (R) on March 1, 2021
Sets an expiration date of December 31, 2023..
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on March 1, 2021
Allows the governor to revoke an order granting conditional commutation.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on March 1, 2021
Clarifies that individuals may petition after 15 years if their third strike was a robbery 2 conviction, but requires 20 years if the robbery 2 conviction was the first or second strike.
The amendment passed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Ann Rivers (Vancouver) (R) on March 1, 2021
Adds a requirement for board members to be knowledgeable about the impact of crime upon victims and communities.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Shelly Short (Addy) (R) on March 1, 2021
Requires the board to reject a petition if the release plan would result in the applicant being released to a residence within 50 miles of the victim or the victim's children or dependents.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Keith Wagoner (Sedro-Woolley) (R) on March 1, 2021
Reverts certain language revisions back to current law.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Keith Wagoner (Sedro-Woolley) (R) on March 1, 2021
Increases the allowable partial confinement to 12 months as a potential condition of conditional commutation.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Judy Warnick (Grant) (R) on March 1, 2021
Requires the Board to consider an individual's acceptance of responsibility for his or her crime in determining whether to recommend conditional commutation.
The amendment passed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Lynda Wilson (Clark County) (R) on March 1, 2021
Expands volunteer board members from five to 10, and that no more than three members are up for appointment in any given year. Strikes all other changes. Revises title to only the clemency and pardons board-membership-terms-chair-bylaws-travel expenses-staff.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Lynda Wilson (Clark County) (R) on March 1, 2021
Removes the presumption that the Board release a petitioner unless the panel determines by a preponderance of the evidence that the person is more likely than not to commit new criminal law violations if released.
The amendment failed by voice vote in the Senate on March 1, 2021
Expands the membership of the Clemency and Pardons Board (CPB) and provides for member salaries. • Authorizes persons to petition for conditional commutation after serving 15, 20, or 25 years of total confinement depending on the person's underlying conviction. • Charges the CPB with hearing petitions for conditional commutation and making recommendations to the Governor.
Received in the House on March 3, 2021
Referred to the House Public Safety Committee on March 3, 2021
Referred to the House Appropriations Committee on March 26, 2021

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