A bill to create a streamlined process to address vacating thousands of convictions for possession of a controlled substance as a result of the Blake decision is scheduled to receive a public hearing this week.
SB 5663, sponsored by Senator Manka Dhingra (D–Redmond), provides a streamlined response to the Blake decision from 2021. The
Supreme Court determined the statute that previously penalized the possession of a controlled substance was unconstitutional. As a result, thousands of convictions must be vacated and millions in legal financial obligations are to be repaid.
SB 5663 has direct impacts for cities. Section 4 of the bill requires cities, within three months of the bill becoming law, and with the assistance of the Administrative Office of the Courts (AOC), to determine how many cases with qualifying
convictions exist in their jurisdiction and are:
- Currently incarcerated based on a qualifying conviction;
- Currently incarcerated with a qualifying conviction in their history;
- Under active or inactive supervision with a qualifying conviction.
A second report is due within six months of the bill becoming law, detailing all persons with a qualifying conviction, going back to 1971; however, this information only applies to available court records.
The bill provides fiscal support for additional prosecutors, clerks, public defenders and court space, if needed, to accomplish the vacating of qualifying convictions within a three-year period.
SB 5663 contains an emergency clause, meaning it will take effect immediately upon passage.
AWC needs to hear from you. Contact Sharon Swanson to let us know how much time your jurisdiction will need to determine the impacts of the Blake decision.
Date to remember
SB 5663 is scheduled to be heard in the Senate Law & Justice Committee on Tuesday, January 25 at 10:30 am.