Senate approves more judicial discretion in sentencing

OLYMPIA – Getting tough on crime makes a nice bumper sticker, but the real challenge is applying the slogan to real life.

Arguing that judges need more flexibility in sentencing criminals based upon aggravating or mitigating factors, Sen. Adam Kline, D-Seattle, sponsored legislation to allow more judicial discretion.

“We need to get smart on crime,” Kline said. “A judge who has heard a case can best determine if there other factors to consider in sentencing, and has the best sense of whether the sentence should be extended upward or downward.”

Currently, judges impose prison terms based on a sentencing grid which takes into account the seriousness of the offense and the offender's specific criminal history. A 2004 U.S. Supreme Court decision eliminated the ability of sentencing judges to independently impose longer sentences based on aggravating factors. The 2005 Legislature modified the procedure in response and directed the Sentencing Guidelines Commission to study and draft appropriate legislation addressing judicial discretion issues under the sentencing reform act.

Senate Bill 6898 would expand the range within each cell of the sentencing grid both upward and downward. Sentencing judges would have a greater range within which to sentence offenders without having to make additional findings of fact. It also creates a new column for offenders with offender scores of ten or more, giving judges more discretion when sentencing offenders with significant criminal histories.

“Judges simply need more discretion,” Kline said. “This bill allows for more serious sentencing for more serious felons.”

Senate Bill 6898 was unanimously approved by the Senate and now goes to the House for consideration.

Return to Sen. Kline's home page