(1) In any criminal case where an offender has been sentenced for an offense where a conviction or adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentence, the prosecuting attorney shall, or the offender may, make a motion for relief from sentence to the original sentencing court.

(2) The sentencing court shall grant the motion for relief from sentence established in this section if it finds that a current or past conviction or adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentence and shall immediately set an expedited date for resentencing. At resentencing, the court shall sentence the offender as if the current or past conviction for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility did not occur.

Effective date—2025 c 169: See note following RCW 9.94A.640.