§ 24.11 Post-Sentence Petitions By The Department of Corrections

• Jurisdiction: Washington

§24.11 POST-SENTENCE PETITIONS BY THE DEPARTMENT OF CORRECTIONS

Post-conviction sentencing challenges are not limited to the prosecutor and the defendant. The Department of Corrections also has the authority to challenge sentences that reflect errors of law. RCW 9.94A.585(7). This procedure was created to give DOC a way to avoid enforcing illegal sentences. See In re Davis, 67 Wn. App. 1, 8-9, 834 P.2d 92 (1992) (discussing history of statute).

DOC may file petitions that seek to either increase, decrease, or modify sentences. See, e.g., In re Bercier, 178 Wn. App. 147, 313 P.3d 491 (2013) (DOC successfully challenged order increasing sentence by denying credit for time served); In re Jones, 129 Wn. App. 626, 120 P.3d 84 (2005) (DOC successfully...