March 22, 2002

The Supreme Court adopted the amendments to the CrR 4.2(g) guilty plea form and Attachment "A" described below. A major change this year is the separation of the CrR 4.2(g) guilty plea form into two separate forms, one guilty plea form for sex offenses and the other for non-sex offenses. The separate guilty plea form for sex offenses was developed to accommodate the complexity of sex offender sentencing alternatives.

1. CrR 4.2(g) Statement of Defendant on Plea of Guilty to Non-Sex Offense.

   Most of the changes to the CrR 4.2(g) non-sex offense guilty plea relate to the deletion of language specific to sex offenses.

   1. Caption and Footer:

      Change the name of the form title in the caption to "STATEMENT OF DEFENDANT ON PLEA OF GUILTY TO NON-SEX OFFENSE". Change the Footer title to "STATEMENT ON PLEA OF GUILTY (NON-SEX OFFENSE)".

   2. Paragraph 6(a):

      In the standard range sentencing table in paragraph 6(a), insert a new column titled "Offender Score" to the immediate right of the column titled "Count No." This new column adds a space for the offender score which is used in determining the defendant's sentence.

   3. Paragraph 6(f), For crimes committed prior to July 1, 2000:

      In the third line delete the word "less" and replace it with "not more" [than 12 months]". Delete the fourth sentence: "If this crime is a sex offense, the court will order me to serve at least three years of community custody."

   4. Paragraph 6(f), For crimes committed on or after July 1, 2000:

      In the third line delete the word "less" and replace it with "not more" [than 12 months]". In the community custody range table, delete the first row regarding the community custody range for sex offenses.

   5. Paragraph 6(l):

      After the first sentence ending with "without the possibility of parole, delete the remaining sentences in the paragraph.

   6. Former Paragraph 6(n):

      Delete former paragraph 6(n) and renumber the remaining subparagraphs in paragraph 6.

   7. Paragraphs 6(n) - 6(q):

      In paragraph 6(n) change the first word from "Because" to "If". In Paragraphs 6(n) - 6(q) delete the reference to sex or sexual offenses.

   8. Paragraph 6(r):

      Change the first sentence as follows:

      The judge may sentence me under the special drug offender sentencing alternative (DOSA) if I qualify under former RCW 9.94A.120(6) (for offenses committed before July 1, 2001) or RCW 9.94A.660 (for offenses committed on or after July 1, 2001.)

      In the second sentence change the reference to paragraph (e) to paragraph 6(e).

   9. Paragraph 6(u):

      Change paragraph 6(u) as follows:

      If this crime involves A conviction for a violation of the state drug laws, will affect my eligibility for state and federal food stamps, welfare, and education benefits will be affected. 20 U.S.C. § 1091 and 21 U.S.C. § 862a.

      The proposed changes conform the paragraph formatting to the other paragraphs in the guilty plea form and provide federal statutory citations.

   10. Interpreter's Declaration:

       Delete "Statement of Defendant on Plea of Guilty" after the phrase "I have translated the" and before "for the defendant...". Replace the name of the guilty plea form with a blank line. Below the line insert "Identify document being translated." The fill in the blank provides greater flexibility so that the Interpreter's Declaration may be used more easily with other translated forms.

2. CrR 4.2(g) Statement of Defendant on Plea of Guilty of Sex Offense.

   The CrR 4.2(g) Statement of Defendant on Plea of Guilty to Sex offense is a completely new form. The text of the original guilty plea form relating to sex offenses was copied into this new form. The changes described below reflect only the changes to the original text and additional new language.

   1. Caption and Footer:

      Change the title of the form in the caption to: "STATEMENT OF DEFENDANT ON PLEA OF GUILTY TO SEX OFFENSE." Change the form title in the footer to: "STATEMENT ON PLEA OF GUILTY TO SEX OFFENSE."

   2. Paragraph 6(a):

      Insert a new column for "Offender Score" into the "standard range" sentencing table to the immediate right of the "Count No." column. This new column adds a space for the offender score which is used in determining the defendant's sentence.

   3. Paragraph 6(f) For sex offenses committed prior to July 1, 2000:

      Change the paragraph regarding sex offenses committed prior to July 1, 2000 as follows:

      For sex offenses committed prior to July 1, 2000: In addition to sentencing me to confinement, the judge may order me to serve up to one year of community supervision if the total period of confinement ordered is less not more than 12 months. If the period of confinement is more than one year, the judge will order me to serve at least three years of community custody or up to the period of earned early release, whichever is longer. During the period of community custody, I will be under the supervision of the Department of Corrections, and I will have restrictions placed on my activities.

      The changes in this paragraph are based upon RCW 9.94A.710.

   4. Paragraph 6(f) For sex offenses committed on or after July 1, 2000 but prior to September 1, 2001:

      Insert the following paragraph regarding sex offenses committed on or after July 1, 2000 but prior to September 1, 2001:

      For sex offenses committed on or after July 1, 2000 but prior to September 1, 2001: In addition to sentencing me to confinement, the judge may order me to serve up to one year of community custody if the total period of confinement ordered is not more than 12 months. If the period of confinement is over one year, the judge will sentence me to community custody for a period of 36 to 48 months or up to the period of earned release, whichever is longer. During the period of community custody to which I am sentenced, I will be under the supervision of the Department of Corrections, and I will have restrictions placed on my activities.

      This paragraph is derived from RCW 9.94A.715.

   5. Paragraph 6(f) For sex offenses committed on or after September 1, 2001:

      Insert the following new paragraphs regarding sex offenses committed on or after September 1, 2001 that are sentenced under RCW 9.94A.712:

      For sex offenses committed on or after September 1, 2001:

      (i) Sentencing under RCW 9.94A.712: If this offense is for any of the offenses listed in subsections (aa) or (bb), below, the judge will impose a maximum term of confinement consisting of the statutory maximum sentence of the offense and a minimum term of confinement either within the standard range for the offense or outside the standard range if an exceptional sentence is appropriate. The minimum term of confinement that is imposed may be increased by the Indeterminate Sentencing Review Board if the Board determines by a preponderance of the evidence that it is more likely than not that I will commit sex offenses if released from custody. In addition to the period of confinement, I will be sentenced to community custody for any period of time I am released from total confinement before the expiration of the maximum sentence. During the period of community custody I will be under the supervision of the Department of Corrections and I will have restrictions placed on my activities and I may be required to participate in rehabilitative programs.

      (aa) If the current offense is any of these offenses or attempt to commit any of these offenses:

      Rape in the first degree	Rape in the second degree
      Rape of a child in the first degree committed when I was at least 18 years old.	Rape of a child in the second degree committed when I was at least 18 years old.
      Child molestation in the first degree committed when I was at least 18 years old.	Indecent liberties by forcible compulsion
      Any of the following offenses with a finding of sexual motivation:
      Murder in the first degree	Murder in the second degree
      Homicide by abuse	Kidnapping in the first degree
      Kidnapping in the second degree	Assault in the first degree
      Assault in the second degree	Assault of a child in the first degree
      Burglary in the first degree

      (bb) If the current offense is any sex offense and I have a prior conviction for any of these offenses or attempt to commit any of these offenses:

      Rape in the first degree	Rape in the second degree
      Rape of a child in the first degree	Rape of a child in the second degree
      Child molestation in the first degree	Indecent liberties by forcible compulsion
      Any of the following offenses with a finding of sexual motivation:
      Murder in the first degree	Murder in the second degree
      Homicide by abuse	Kidnapping in the first degree
      Kidnapping in the second degree	Assault in the first degree
      Assault in the second degree	Assault of a child in the first degree
      Burglary in the first degree

      These new paragraphs implement the new sex offense sentencing under RCW 9.94A.712.

   6. Paragraph 6(f) For sex offenses committed on or after September 1, 2001:

      Insert the following new paragraph regarding sex offenses committed on or after September 1, 2001 that are not sentenced under RCW 9.94A.712:

      (ii) If this offense is for a sex offense that is not listed in paragraph 6(f)(i), then in addition to sentencing me to a term of confinement, the judge may order me to serve up to one year of community custody if the total period of confinement ordered is not more than 12 months. If the period of confinement is over one year, the judge will sentence me to community custody for a period of 36 to 48 months or up to the period of earned release, whichever is longer. During the period of community custody to which I am sentenced, I will be under the supervision of the Department of Corrections, and I will have restrictions placed on my activities.

      This paragraph for sex offenses not sentenced under paragraph 6(f)(i) is derived from RCW 9.94A.715.

   7. Paragraph 6(p) Special Sex Offender Sentencing Alternative.

      Insert a new paragraph title as follows:

      "[p] Special sex offender sentencing alternative:"

      Modify the first sentence of the original text as follows:

      For offenses committed before September 1, 2001: The judge may suspend execution of the standard range term of confinement under the special sex offender sentencing alternative (SSOSA) if I qualify under former RCW 9.94A.120(8) (for offenses committed before July 1, 2001) or RCW 9.94A.670 (for offenses committed on or after July 1, 2001).

      At the end of the second sentence, change the reference to paragraph (e) to paragraph 6(e).

      Insert the following paragraph as the second paragraph under the heading Special sex offender sentencing alternative:

      For offenses committed on or after September 1, 2001: The judge may suspend execution of the standard range term of confinement or the minimum term of confinement under the special sex offender sentencing alternative (SSOSA) if I qualify under RCW 9.94A.670. If the judge suspends execution of the standard range term of confinement for a sex offense that is not listed in paragraph 6(f)(i), I will be placed on community custody for the length of the suspended sentence or three years, whichever is greater. If the judge suspends execution of minimum term of confinement for a sex offense listed in paragraph 6(f)(i), I will be placed on community custody for the length of the statutory maximum sentence of the offense. In addition to the term of community custody, I will be ordered to serve up to 180 days of total confinement; I will be ordered to participate in sex offender treatment; and I will be subject to all of the conditions described in paragraph 6(e). Additionally, the judge could require me to devote time to a specific occupation and to pursue a prescribed course of study or occupational training. If a violation of the sentence occurs during community custody, the judge may revoke the suspended sentence.

      This paragraph is derived from RCW 9.94A.670 as modified by Chapter 12 Laws of 2001 (3ESSB 6151).

   8. Interpreter's Declaration:

      Delete "Statement of Defendant on Plea of Guilty" after the phrase "I have translated the" and before "for the defendant...". Replace the name of the guilty plea form with a blank line. Below the line insert "Identify document being translated." The fill in the blank provides greater flexibility so that the Interpreter's Declaration may be used more easily with other translated forms.

3. CrR 4.2(g) Attachment "A"

   There are some updates to Attachment "A" relating to sex offender notification requirements that implement 2001 legislative changes. Additionally, some changes reflect the existence of two CrR 4.2(g) guilty plea forms or conform the language in the CrR 4.2(g) Attachment "A" with the language in the JuCR 7.7 Attachment "A."

   1. Introductory section:

      Change the introductory section as follows:

      ATTACHMENT A: Paragraph 6 (l) or 6(n); sex offense, or kidnapping offense involving a minor as defined in RCW 9A.44.130. or other offenses listed in RCW 9A.44 (If required, attach to Statement of Defendant on Plea of Guilty.)

   2. The first paragraph:

      Change the first sentence in the first paragraph as follows:

      Because this crime involves a sex offense, or a kidnapping offense involving a minor, communicating with a minor or other offense listed in as defined in RCW 9A.44.130, I will be required to register with the sheriff of the county of the state of Washington where I reside.

   3. Sentence beginning with "If I lack a fixed residence...":

      Modify the paragraph beginning with "If I lack a fixed residence..." as follows:

      If I lack a fixed residence, I am required to register. Registration must occur within 24 hours of release in the county where I am being supervised if I do not have a residence at the time of my release from custody or within 14 days 48 hours, excluding weekends and holidays, after ceasing to have a fixed residence. If I enter a different county and stay there for more than 24 hours, I will be required to register in the new county. I must also report in person to the sheriff of the county where I am registered on a weekly basis if I have been classified as a risk level II or III or on a monthly basis if I have been classified as a risk level I. The weekly report will be on a day specified by the county sheriff's office, and shall occur during normal business hours. I may be required to provide a list of the locations where I have stayed during the last 7 days. The lack of a fixed residence is a factor that may be considered in determining a sex offender's risk level and shall make me subject to disclosure to the public at large pursuant to RCW 4.24.550.

      These changes are based upon RCW 9A.44.130(6) as amended by Chapter 169 Laws of 2001 (HB 1952):

      RCW 9A.44.130(6)(a) Any person required to register under this section who lacks a fixed residence shall provide written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence.....

      (b) A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered. The weekly report shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. The county sheriff's office may require the person to list the locations where the person has stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining an offender's risk level and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.

   4. Paragraph regarding name changes:

      Add a new last paragraph regarding name changes as follows:

      If I apply for a name change, I must submit a copy of the application to the county sheriff of the county of my residence and to the state patrol not fewer than five days before the entry of an order granting the name change. If I receive an order changing my name, I must submit a copy of the order to the county sheriff of the county of my residence and to the state patrol within 5 days of the entry of the order. RCW 9A.44.130(7).

      The language regarding name changes is derived from RCW 9A.44.130(7), which is part of the sex offender registration statute. RCW 9A.44.130(7) is reproduced below:

      A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is required for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within five days of the entry of the order.