ACADEMIC PUBLICATIONS
Prosecutor-Initiated Resentencing in Washington: The Impact Of SB 6164
This report from the University of Washington assesses the efficacy of second look reforms for individuals seeking early release from life or long sentences in Washington State. Through a data analysis of Senate Bill 6164, the report finds that prosecutor-initiated resentencing is “dramatically underutilized” as a tool for addressing excessive sentences. The report concludes with recommendations for more comprehensive, retroactive second look reforms.
Sentencing Reform in Washington State: Progress and Pitfalls
This report from the University of Washington examines the historical rise in harsh sentencing laws in Washington State and the opportunities for sentence review that have arisen in the wake of the “tough on crime” era. The report analyzes the efficacy of key reform efforts and investigates the looming question as to why so many people who are eligible for relief remain behind bars.
The Retroactive Application of Justice: Using Prosecutorial Discretion to Correct Sentences that No Longer Serve a Valid Purpose
This article, published in the wake of the passage of Senate Bill 6164, examines the role of the prosecutor in addressing mass incarceration and advancing the interest of justice. More broadly, the article illustrates the procedural inability of the criminal legal system to reward stories of redemption. The article casts the prosecutor in the role of “minister of justice” and stresses the opportunity that prosectors have to recognize the human capacity for change.
REPORTS
On the Periphery: The Efficacy of Civil Legal Aid in Preventing Unjust Deportations
This report outlines the need for civil legal aid, specifically immigration post-conviction legal services and removal defense for immigrants facing deportation due to prior convictions. It illustrates this gap in the post-conviction infrastructure through historical context on the Southeast Asian refugee experience in Washington State and the stories of four individuals who faced deportation to Cambodia after coming to the United States as child refugees fleeing genocide. The report demonstrates the potential of post-conviction relief legal services for immigrants to advance justice for vulnerable populations, interrupt cycles of harm, and promote community restoration. The report concludes with recommendations for key officials and the Governor’s Office.
On the Periphery was published with support from the Office of Civil Legal Aid, which administers civil legal aid funding from Washington’s Community Reinvestment Plan fund. In 2023, the Redemption Project of Washington, a partnership between the Seattle Clemency Project and the Washington Defender Association, received Community Reinvestment grant funds to support its goal of supplying free direct representation to immigrants seeking post-conviction relief. This work is instrumental in preventing detainments and deportations that fracture families and communities.
A Second Look: Clemency in Washington
This report examines the clemency process in Washington from 2012 to 2023. Specifically, it looks at petitions for commutation (the shortening of a petitioner’s sentence). The paper serves as a review of the types of petitions that are granted a hearing in front of the Clemency and Pardons Board, and those that are ultimately recommended for clemency to the governor.
This report was written by Thomas Brehmer, M.P.A. This paper was made with the support of the Seattle Clemency Project. Editing and content direction was provided by Jennifer Smith and Kaitlyn Laibe. A special thanks is given to faculty members at the University of Washington Evans School of Public Policy & Governance who provided technical assistance.
Senate Bill 5164: A Closer Look at the Reform Outcomes
This report examines the effectiveness of Senate Bill 5164 in its goal to address the excessive sentences and racial disparities produced by Washington State’s Three Strikes Law. The report features the story of Freddie Hampton, who was resentenced in 2021 after serving 24 years for nonviolent offenses. The report concludes with reflections on the criminological theories that motivated the Three Strikes Law and other punitive sentencing schemes.
Key Review and Resentencing Pathways: Addressing Mass Incarceration in Washington State
This report outlines pathways to second look review and resentencing in Washington State, including Senate Bill 5164, Senate Bill 6164, the Miller Fix, the Extraordinary Medical Placement Program, and the Clemency & Pardons Board. It concludes with brief recommendations on expanding reform efforts through a collaborative second look infrastructure.
2024 Juvenile Parole Project Report
The Juvenile Parole Project allows University of Washington Law, Societies & Justice (UW LSJ) students to volunteer on early release petitions for people eligible for juvenile parole. To assist their petitioner, students are paired with pro bono attorneys. With support from the Seattle Clemency Project (SCP), students help their attorneys generate a community support narrative, plan for reentry, and visit the client in prison. This year, the project expanded to include clemency and resentencing petitions.
By partnering with the Juvenile Parole Project, SCP is extending its mission to pursue justice to include student volunteers. The partnership highlights the importance of connecting community members with the incarcerated population, identifying the growing disparities in access to legal services, and increasing awareness about the path to redemption and healing. More importantly, the project encourages students to put their education into practice and take on an active role in reforming the state’s criminal legal system.
2023 Impact Report
The 2023 Impact Report looks back on our work from the past few years and charts our path forward. The report includes stories and wisdom from our remarkable clients, who exemplify the standard to which we hold ourselves.