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                          SPRC 6                                                 
                                                                                 
              PROPORTIONALITY QUESTIONNAIRES                                     
                                                                                 
     (a) Within 14 days after the entry of a judgment and                        
sentence convicting a defendant of aggravated first degree                       
murder, the prosecuting attorney and the defendant's                             
attorney shall each complete a proposed questionnaire in the                     
form specified in RCW 10.95.120.  The proposed                                   
questionnaires shall be filed with the clerk of the trial                        
court.  Copies shall be provided to the court and served on                      
the opposing attorney.                                                           
     (b) The court shall consider the proposed                                   
questionnaires and all other information in the record.  No                      
hearing shall be held unless the court so directs.  Within                       
30 days after the entry of the judgment and sentence, the                        
court shall complete a final questionnaire.  The                                 
questionnaire shall be submitted to the clerk of the Supreme                     
Court, to the defendant or his or her attorney, and to the                       
prosecuting attorney.                                                            
     (c) Statements made by an attorney in a proposed                            
questionnaire shall not be considered admissions.                                
Statements made by the court in the final questionnaire                          
shall not be considered findings of fact.  The proposed                          
questionnaires and the final questionnaire shall not be used                     
by the parties or the courts for any purpose in connection                       
with the case to which they pertain or any collateral                            
proceeding involving the same defendant.  They shall be used                     
only in other cases, for the purpose of making the                               
determination required by RCW 10.95.130(2).                                      
     (d) In any brief or memorandum, a questionnaire may be                      
cited in the following format:  first and last name of                           
defendant, questionnaire number, county of conviction, year                      
of sentencing.  For example:  "John Doe, no. 9 (Snohomish,                       
1982)."
	

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