The Blake Refund Bureau’s Emergence
In a significant stride towards judicial reform, Washington State is paving the path for reimbursement for individuals wrongfully prosecuted under its former unconstitutional drug laws. The state has established an online portal, the Blake Refund Bureau, aimed at financial redress for these individuals.
Portal to Justice
Coordinated by the state’s Administrative Office of the Courts (AOC), this comprehensive online portal seeks to offer justice to those unfairly penalized under past drug laws.
The AOC stipulates, “For individuals impacted by a Blake-affected criminal record, the initial step is to get Blake-related convictions vacated. The court of issuance will decide your refund eligibility. Upon vacating your convictions, you can apply for reimbursements on your paid legal financial obligations.”
Unpacking the Law
The Blake Refund Bureau is a direct outcome of the landmark 2021 Washington v. Blake state Supreme Court ruling. This ruling identified a constitutional defect in Washington’s drug possession criminalization laws – the absence of the requirement to prove ‘knowing’ commission of the offence. This omission led to inadvertent possession being unjustly criminalized.
Shifting Drug Laws
Following this ruling, the state’s existing drug possession criminalization law was nullified. Nonetheless, a revised law reinstating prohibition but with lesser penalties for possession has been signed by the governor.
Light at the End of the Tunnel
The prior unconstitutional laws had entangled an estimated 350,000 individuals. But relief is finally in sight. The state has earmarked $47 million for the comprehensive review and vacation of numerous felony drug possession and misdemeanor marijuana possession records. An additional $50 million has been designated for the reimbursement of court-ordered fines and costs.
Further, the AOC is spearheading a public outreach campaign to increase awareness of this significant relief initiative. This launch marks a noteworthy moment in the pursuit of equitable justice for those impacted by the state’s former unconstitutional drug laws.
