Question from sean, Can the Department of Corrections in Washington State Modify a Judgement and Sentence or Take Good Time off a 7.8 Motion Won?
Answer from AI:
In general, the Department of Corrections (DOC) in Washington State does not have the authority to modify a judgement and sentence. This power typically lies with the courts. However, the DOC does have some discretion in how it administers sentences, particularly when it comes to “good time” credits.
Authority of the DOC
The DOC’s role is primarily to enforce the sentence as ordered by the court. This includes managing the incarceration of individuals and overseeing their release. The DOC does not have the authority to change the terms of a sentence once it has been handed down by a judge. This includes any modifications made under a 7.8 motion, which is a legal procedure used to correct or modify a sentence after it has been imposed.
“Good Time” Credits
“Good time” credits, also known as earned release time, are reductions in an inmate’s sentence for good behavior or participation in certain programs. In Washington State, the DOC has the authority to grant these credits under RCW 9.94A.729. However, the law also specifies certain conditions under which these credits can be taken away, such as if an inmate commits a serious infraction.
7.8 Motions
A 7.8 motion, also known as a CrR 7.8 motion in Washington State, is a motion to vacate, arrest, or modify a judgement. This motion is typically filed by the defendant or their attorney, and it must be approved by a judge. Once a 7.8 motion has been granted, the DOC is obligated to enforce the modified sentence as ordered by the court.
Legal Advice
If you have specific questions about a sentence or the DOC’s administration of it, you should consult with a legal professional. They can provide personalized advice based on the specifics of your case. Legal aid organizations in Washington State, such as the Northwest Justice Project, may be able to provide assistance if you cannot afford a lawyer.
Self-Help Resources
- The Washington Courts website provides information on how to file a 7.8 motion.
- The Washington State Department of Corrections website provides information on good time credits and other aspects of sentence administration.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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