Resentencing—Juveniles—Prison riot offenses

Revised Code of Washington

Section: 9.94A.646

Jurisdiction: WA

Bluebook Citation: Wash. Rev. Code § 9.94A.646

(1) In any criminal case where an offender has been sentenced for an offense where a conviction or adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentence, the prosecuting attorney shall, or the offender may, make a motion for relief from sentence to the original sentencing court.(2) The sentencing court shall grant the motion for relief from sentence established in this section if it finds that a current or past conviction or adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentence and shall immediately set an expedited date for resentencing. At resentencing, the court shall sentence the offender as if the current or past conviction for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility did not occur.

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