The Issue

Mass Incarceration in Washington State

The policies at both the national and state level in the 1980s and ‘90s were ‘tough on crime.’ These policies resulted in what we now know as mass incarceration because people were going to prison for lesser crimes and serving longer sentences. The carceral system has ballooned to accommodate the larger prison population.

Though Washington state ranks below others in terms of incarceration rate, the state has a rate of 373 per 100,000 people, which includes prisons, jails, immigration detention centers, and juvenile facilities, according to the Prison Policy Initiative. Although recent legislation has sought to lessen the penalties for some of these offenses, on average, the sentence length in Washington state has continued to increase. Overall, the total prison population remains disproportionately comprised of people of color, including Black adults, Latinx adults, and American Indian/Alaskan Native adults. For a complete overview of Washington State’s incarceration practice, please visit Prison Policy Initiative.

Punitive Policies

1984 - Washington abolishes parole

The parole board reviewed almost 5,000 cases per year before it was abolished (parole = conditional early release from prison for good behavior). Since parole is no longer an option, there is no review by an early release board to determine whether the sentence still serves a purpose in light of one’s rehabilitation.

1993 - Washington enacts the three strikes law

Washington state was the first in the country to enact the three strikes law. The increased use of life sentences is one of the primary factors that has led Washington’s prison population to approximately double since 1984.

1997 - Hard time for armed crime

Washington increased the penalties for use of a weapon. Even if someone was involved in a crime where no one was injured, they could get extra years added to the sentence if a weapon was involved. The stacking of weapons enhancements has led to many people receiving excessively long sentences.

Pathways to Relief

Public perception of criminal behavior and rehabilitation, especially an individual’s propensity for change once convicted, have long influenced the actions of politicians and lawmakers and decisions from the higher courts. If we’re to end the reliance on prison as an answer — not a solution — to crime and immorality, we must invest in solutions that address the roots of harm such as mental health support, health care, diversion programs, housing and employment resources, educational programs, and vocational training. Statewide reform also starts at the prosecutorial level, and prosecutors have the discretion to decide who is charged with what and who is sentenced to die behind bars. In 2020, the Washington Legislature passed SB 6164, which allows prosecutors to initiate an individual’s resentencing by petitioning the sentencing court if “the original sentence no longer serves the interest of justice.” Legislation such as this expands opportunities for post-conviction relief, though it is only a starting point for overcoming decades of disproportionate, excessive harm targeting marginalized communities.