Earned Release Time Washington Law Explained
The Washington Court of Appeals addressed earned release time Washington rules in In re Personal Restraint of Benson. This case clarifies how earned release time (ERT) applies to aggravated first degree murder convictions.
Ernest Benson challenged a Department of Corrections (DOC) decision that reduced his earned release time and required him to return to prison.
The court ultimately rejected his claim.
What Is Earned Release Time in Washington?
Earned release time allows incarcerated individuals to reduce their sentence by earning credit for good behavior.
Under Washington law:
- Most offenses allow up to 33.33% reduction
- “Serious violent offenses” are limited to 15%
The governing statute is:
👉 https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.729
Key Issue in the Benson Case
Is Aggravated First Degree Murder a “Serious Violent Offense”?
Benson argued that he should receive the higher 33.33% earned release time because:
- The statute defining “serious violent offense” does not explicitly list aggravated first degree murder
The DOC disagreed and applied the 15% limit, treating the offense as serious violent.
Court’s Holding on Earned Release Time Washington Rules
The Court of Appeals held:
- Aggravated first degree murder qualifies as a serious violent offense
- Therefore, earned release time is capped at 15%
- DOC correctly recalculated Benson’s sentence and returned him to custody
As a result, Benson failed to show he was under unlawful restraint.
Why the Court Rejected Benson’s Argument
1. Aggravated Murder Is Still First Degree Murder
The court explained that:
- Aggravated first degree murder is not a separate crime
- It is first degree murder plus aggravating factors
Because first degree murder is listed as a serious violent offense, aggravated murder falls within that category.
2. Legislative Structure Supports This Interpretation
The court emphasized:
- The statute defining aggravated murder explicitly builds on first degree murder
- There was no need for the legislature to list it separately
3. Avoiding Absurd Results
The court also rejected Benson’s interpretation because it would create an illogical outcome:
- A more serious crime (aggravated murder) would receive more generous release credits
- Less serious crimes would receive stricter limits
The court declined to interpret the statute in a way that contradicts the legislature’s hierarchy of offenses.
Personal Restraint Petition Standard
Benson brought his claim through a personal restraint petition (PRP).
To succeed, a petitioner must show:
- A constitutional error causing actual prejudice, or
- A fundamental defect resulting in a miscarriage of justice
Benson failed to meet this standard because DOC correctly applied the law.
Why This Case Matters
The earned release time Washington decision is important for several reasons:
Clarifies ERT Eligibility
Courts will treat aggravated first degree murder as a serious violent offense.
Limits Early Release Credits
Individuals convicted of aggravated murder are limited to 15% earned release time.
Supports DOC Authority
The decision confirms that DOC can correct miscalculations—even after release.
Practical Takeaways
- Not all offenses qualify for maximum earned release time
- Courts will interpret statutes based on structure and legislative intent, not just lists
- More serious offenses will not receive more favorable treatment
For individuals in custody, this case highlights the importance of understanding how ERT is calculated.
Contact Blanford Law
Earned release time calculations and post-conviction relief can significantly affect your liberty.
Contact Blanford Law today at ken@blanfordlaw.com or 253-720-9304 for guidance on your legal matter.