Wash. Rev. Code » Title 10 · Chapter 10.95
Revised Code of Washington

Wash. Rev. Code § 10.95.035 (2026)

Return of persons to sentencing court if sentenced prior to June 1, 2014, under this chapter or any prior law, for a term of life without the possibility of parole for an offense committed prior to 18th birthday

✓ current as of May 2026
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(1) A person, who was sentenced prior to June 1, 2014, under this chapter or any prior law, to a term of life without the possibility of parole for an offense committed prior to their eighteenth birthday, shall be returned to the sentencing court or the sentencing court's successor for sentencing consistent with RCW 10.95.030. Release and supervision of a person who receives a minimum term of less than life will be governed by RCW 10.95.030.
(2) The court shall provide an opportunity for victims and survivors of victims of any crimes for which the offender has been convicted to present a statement personally or by representation.
(3) A resentencing under this section shall not reopen the defendant's conviction to challenges that would otherwise be barred by RCW 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.
[ 2023 c 102 s 22; 2015 c 134 s 7; 2014 c 130 s 11.]

Notes:

Effective date—2015 c 134: See note following RCW 9.94A.501.
Effective date—2014 c 130: See note following RCW 9.94A.510.
Notes of Decisions
Cited in 36 cases (18 in the last 5 years), 2017–2026 · leading case: State v. Delbosque, 456 P.3d 806 (Wash. 2020).
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State v. Delbosque, 456 P.3d 806 (Wash. 2020). · cites it 11× “Although neither case directly applied RCW 10.95.035, both discuss issues that are highly relevant to what is required when setting a minimum term pursuant to the Miller-fix statute.”
State v. Haag, 495 P.3d 241 (Wash. 2021). · cites it 6× “030(3) and RCW 10.95.035. Two expert witnesses, Dr. Marty Beyer and Dr.”
State Of Washington v. Brian M. Bassett, 394 P.3d 430 (Wash. Ct. App. 2017). · cites it 5× “RCW 10.95.035. RCW 10.95.030(3)(b) requires a court setting a minimum term for a 16- to 18-year-old offender who committed aggravated first degree murder to take into account “mitigating factors that account for the diminished culpability of youth as provided in Miller” “The…”
State Of Washington v. Cristian Delbosque, 430 P.3d 1153 (Wash. Ct. App. 2018). · cites it 8× “030 (the Miller-fix statute)1 and RCW 10.95.035, the superior court held an evidentiary hearing and entered an order imposing a minimum term of 48 years with a maximum term of life imprisonment.”
State v. Scott, 416 P.3d 1182 (Wash. 2018). · cites it 2× “RCW 10.95.035(1) makes this Miller "fix" fully retroactive and applicable to resentencing.”
State v. Bassett, 428 P.3d 343 (Wash. 2018). “RCW 10.95.035. ¶ 5 Bassett, at 35 years old, appeared for resentencing pursuant to the Miller -fix statute in 2015.”
In re Pers. Restraint of Dodge, 502 P.3d 349 (Wash. 2022). “730), 11 (codified as RCW 10.95.035). 17 No. 98078-1 States v. Briones, 929 F.”
State Of Washington v. Sebastian Michael Gregg, 444 P.3d 1219 (Wash. Ct. App. 2019). “27 Gilbert “concern[ed] the scope of discretion a judge has in resentencing pursuant to RCW 10.95.035,” the “Miller-fix” statute.”
State v. Gilbert (Wash. 2019). · cites it 11× “He was sentenced to life without parole for the aggravated murder along with a consecutive sentence for the premeditated murder, as required under the laws in effect at that time.”
State of Washington v. Caleb J. Sharpe, 546 P.3d 1046 (Wash. Ct. App. 2024). “Sharpe In response to the Supreme Court’s decision in Miller, barring mandatory life without parole sentences for juveniles, our legislature adopted RCW 10.95.035 and amended RCW 10.95.030 to provide what is referred to as the Miller-fix statute.”
State of Washington v. Jeremiah James Gilbert (Wash. Ct. App. 2018). · cites it 6× “- Jeremiah Gilbert appeals from the resentencing accorded him under the Miller fix, 1 RCW 10.95.035. Since the trial court complied with the dictates of the statute, we affirm.”
State Of Washington v. Timothy E. Haag (Wash. Ct. App. 2019). · cites it 5× “030 and RCW 10.95.035, after which it sentenced Haag to a minimum term of 46 years and a maximum term of life.”
Show all 36 citing cases →
— Wash. Rev. Code § 10.95.035(1) — 14 cases
State v. Delbosque, 456 P.3d 806 (Wash. 2020). “Although neither case directly applied RCW 10.95.035, both discuss issues that are highly relevant to what is required when setting a minimum term pursuant to the Miller-fix statute.”
State Of Washington v. Brian M. Bassett, 394 P.3d 430 (Wash. Ct. App. 2017). “RCW 10.95.035. RCW 10.95.030(3)(b) requires a court setting a minimum term for a 16- to 18-year-old offender who committed aggravated first degree murder to take into account “mitigating factors that account for the diminished culpability of youth as provided in Miller” “The…”
State v. Scott, 416 P.3d 1182 (Wash. 2018). “RCW 10.95.035(1) makes this Miller "fix" fully retroactive and applicable to resentencing.”
State Of Washington v. Cristian Delbosque, 430 P.3d 1153 (Wash. Ct. App. 2018). “030 (the Miller-fix statute)1 and RCW 10.95.035, the superior court held an evidentiary hearing and entered an order imposing a minimum term of 48 years with a maximum term of life imprisonment.”
State v. Haag, 495 P.3d 241 (Wash. 2021). “030(3) and RCW 10.95.035. Two expert witnesses, Dr. Marty Beyer and Dr.”
— Wash. Rev. Code § 10.95.035(3) — 6 cases
State v. Delbosque, 456 P.3d 806 (Wash. 2020). “Although neither case directly applied RCW 10.95.035, both discuss issues that are highly relevant to what is required when setting a minimum term pursuant to the Miller-fix statute.”
State Of Washington v. Cristian Delbosque, 430 P.3d 1153 (Wash. Ct. App. 2018). “030 (the Miller-fix statute)1 and RCW 10.95.035, the superior court held an evidentiary hearing and entered an order imposing a minimum term of 48 years with a maximum term of life imprisonment.”
State Of Washington v. Brian M. Bassett, 394 P.3d 430 (Wash. Ct. App. 2017). “RCW 10.95.035. RCW 10.95.030(3)(b) requires a court setting a minimum term for a 16- to 18-year-old offender who committed aggravated first degree murder to take into account “mitigating factors that account for the diminished culpability of youth as provided in Miller” “The…”
State Of Washington v. Brandon Dale Backstrom (Wash. Ct. App. 2019).
State v. Gilbert (Wash. 2019). “He was sentenced to life without parole for the aggravated murder along with a consecutive sentence for the premeditated murder, as required under the laws in effect at that time.”
— Wash. Rev. Code § 10.95.035(4) — 1 case
State v. Delbosque, 456 P.3d 806 (Wash. 2020). “Although neither case directly applied RCW 10.95.035, both discuss issues that are highly relevant to what is required when setting a minimum term pursuant to the Miller-fix statute.”
— Wash. Rev. Code § 10.95.035(b) — 1 case
State v. Haag, 495 P.3d 241 (Wash. 2021). “030(3) and RCW 10.95.035. Two expert witnesses, Dr. Marty Beyer and Dr.”
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