Inslee speeds prison release for more than a dozen convicted of simple drug possession
Over the last few days, Washington Gov. Jay Inslee has released from state prison more than a dozen people who were convicted of drug possession under a law the state Supreme Court ruled unconstitutional earlier this year.
He had signed 13 commutations of sentences leading up to Tuesday, planned to sign two more that day, and more are expected, according to a press release. Inslee offered the “unconditional commutations” to people still in state Department of Corrections’ custody solely based on simple drug possession convictions.
The state’s high court found Washington’s simple drug possession law unconstitutional in its State v. Blake decision in February. A majority of justices found the law was unconstitutional because it didn’t require prosecutors to prove an accused person knowingly or intentionally had drugs, a requirement in every other U.S. state.
Prosecutors in the case have filed a motion asking the Supreme Court to reconsider its decision, but this typically doesn’t result in a change in the court’s opinion.
The decision has caused ripple effects through the state’s criminal justice system, raising layers of questions around vacating convictions, refunding fines and fees, and more. Last month, the Department of Corrections estimated that fewer than 100 people were incarcerated on just a simple possession conviction as of Feb. 28 and fewer than 7,000 were serving community supervision.
Thousands more were estimated to be incarcerated or serving community supervision on a simple possession conviction in addition to at least one other conviction. The decision may also have implications for people whose sentences for other crimes were lengthened because of a previous simple possession conviction.
The Department of Corrections can’t change judgments and sentences unilaterally — the court has to issue an order vacating conviction, amending judgment, dismissal, or directing release, DOC spokesperson Jacque Coe wrote in an email.
While courts have worked on vacating convictions, the governor has “endeavored to use his clemency authority” to facilitate a speedier release for people in custody solely based on the struck-down statute, according to a press release.
“The governor viewed this as an issue to be resolved most effectively through the courts,” spokesperson Mike Faulk wrote in an email to McClatchy. “But, after several weeks had passed and people were still incarcerated on invalid convictions, Gov. Inslee felt compelled to step up to help. It still took some time for staff to craft a plan by which to use the governor’s clemency authority to provide this relief.”
The governor is currently focusing on people who are in correctional facilities and not commuting sentences for people on community supervision, according to Faulk.
“The governor will commute the sentences of any qualified individual who petitions for this relief,” he wrote. The total number of individuals who fit into this category who are still in custody may be fewer than 10 at this point, in the Governor’s Office’s understanding.
Meanwhile, in the legislative branch, lawmakers are grappling with how to address the Supreme Court’s decision in state law while also finalizing a two-year operating budget and eyeing major action on pressing issues such as police accountability and climate change. The current legislative session is scheduled to end April 25.
This story was originally published April 14, 2021 at 11:00 AM.
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