- Caption:
Delete "D.O.B" from the caption. This change deletes repetitive information. The respondent's date of birth is requested in line 2 of the guilty plea.
- Paragraph 5:
The list of rights is updated to delete duplicate language and to make the juvenile list of rights more consistent with the list of rights found in the CrR 4.2(g) guilty plea form.
Change Line 5a to: "I have the right to a speedy and public trial in the county where the offense(s) allegedly occurred."
Delete Line 5e because it duplicates information in line 5d.
Change Line 5e (previously line 5f), to: "I am presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty."
- Paragraph 7:
- In the paragraph below the Local Sanctions table, insert a comma between "rules" and "which."
- Add the following as the second to last paragraph:
I understand that if I am pleading guilty to two or more offenses, the disposition terms shall run consecutively (one term after the other) subject to the limitations in RCW 13.40.180.
This change is based upon RCW 13.40.180:
Where a disposition is imposed on a youth for two or more offenses, the terms shall run consecutively, subject to the following limitations.....
- Paragraph 8:
Change paragraph 8, as indicated below, to reflect the statutory language of RCW 13.40.160(2):
RIGHT TO APPEAL SENTENCE: I understand, that the judge must impose a sentence within the standard range, unless the judge finds by clear and convincing evidence that the standard range sentence would amount to a manifest injustice. Substantial and compelling reasons not to do so . If the judge goes outside the standard range, either the state or I or the state can appeal that sentence. If the sentence is within the standard range, no one can appeal the sentence.
- Paragraph 10:
Insert the following as the second sentence of paragraph 10:
I understand that if I am pleading guilty to two or more offenses that arise out of the same course of conduct, only the most serious offense will count as an offense in my criminal history.
This proposed language reflects RCW 13.40.020(7)(a).
- Paragraph 12(B):
Insert "theft of motor vehicle fuel" after "hit and run" and before "or attempting to elude."
This change is based upon Chapter 325 Laws of 2001, section one, which was codified as RCW 46.61.740:
(1) Any person who refuses to pay or evades payment of motor vehicle fuel that is pumped into a motor vehicle is guilty of theft of motor vehicle fuel. A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) The court shall order the department to suspend the person's license, permit, or nonresident privilege to drive for a period specified by the court of up to six months."
- Proposed new paragraph 12[I]:
Add the following new paragraph regarding federal benefits:
[I] FEDERAL BENEFITS: I understand that if I am pleading guilty to a felony drug offense, my eligibility for state and federal food stamps and welfare will be affected. If I am pleading guilty to any drug offense, my education benefits will be affected, as well. 20 U.S.C. § 1091(r) and 21 U.S.C. § 862a.
The reference to education benefits is based upon 20 U.S.C. § 1091(r):
(r)(1) In general. A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:
If convicted of an offense involving:
The possession of a controlled substance:
| First offense | Ineligible 1 year |
| Second offense | Ineligible 2 years |
| Third offense | Ineligible indefinitely |
The sale of a controlled substance:
| First offense | Ineligible 2 years |
| Second offense | Ineligible indefinitely |
The reference to state and federal food stamps and welfare is based upon 21 U.S.C. § 862a:
(a) In general,...[a]n individual convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance....shall not be eligible for...assistance under any State program funded under part A of title IV of the Social Security Act....or benefits under the food stamp program... or any State program carried out under the Food Stamp Act of 1977....
In the case United States v. Littlejohn, 224 F. 2d 960 (2000), the 9th Circuit Court of Appeals held that the effect of 21 U.S.C. § 862a is a direct consequence of a guilty plea of which a defendant must be informed. In reaching it's holding, the Court of Appeals stated that:
"...Under section 862a, prior convictions are irrelevant. Once a person is convicted for any offense `classified as a felony by the law of the jurisdiction involved...which has as an element the possession, use, or distribution of a controlled substance," that person is immediately ineligible for certain types of social security assistance and food stamp benefits. Unlike subsection 862(a), section 862a requires no measure of judicial clairvoyance to determine applicability. Section 862a's consequence is automatic, direct, and does not fit within the exception carved out by Maree and Selfa [the court is not aware at the plea hearing of the facts necessary to determine the application of the consequence]." United States v. Littlejohn, 224 F. 2d 960, 969.
Applying the same rational to 20 U.S.C. § 1091(r), regarding education benefits, one reaches the same conclusion. Pursuant to 20 U.S.C § 1091(r)(1) a student loses eligibility for education benefits when the person is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance. The loss of benefits is automatic, direct and doesn't require the court to know facts that are not known at the hearing on the guilty plea.
- Proposed new paragraph 12(J):
Insert the following as paragraph 12(J):
[J] MANDATORY MINIMUM SENTENCE: The crime of ____________
__________ has a mandatory minimum sentence of at least ___________ weeks of total confinement. The law does not allow any reduction of this sentence.
This new paragraph is added to accommodate the mandatory minimum sentence for Escape crimes found in RCW 13.40.0357. This general mandatory minimum sentence paragraph is flexible enough to accommodate future mandatory minimum sentences for other crimes.
- Paragraph 15:
At the end of the first sentence, after "feels is appropriate" insert "up to the maximum allowed by law." Delete the remainder of the paragraph. This change deletes duplicate language, which is already found in paragraph 8.
- Paragraph 20, signature lines and JUDGE'S CERTIFICATE:
Paragraph 20, the signature lines and the JUDGE'S CERTIFICATE are modified, as follows, to conform to the same section in the adult guilty plea forms.
20. I have read or someone has read to me everything printed above, and in Attachment "A," if applicable, and I understand it in full. and I have been given a copy of this statement. I have no more questions to ask the judge.
| Dated: _____________________ |
_____________________________
Respondent |
| |
I have read and discussed this statement with the respondent and believe that the respondent is competent and fully understands the statement. |
____________________________________
Deputy Prosecuting Attorney |
________________________________
Attorney for Respondent |
____________________________________
Type or Print Name/Bar Number |
________________________________
Type or Print Name/Bar Number |
JUDGE'S CERTIFICATE
The foregoing statement was read by or to the respondent and signed by the respondent in open court in the presence of his or her lawyer and the undersigned judge in open court. The respondent asserted that [check appropriate box]:
[ ] (a) The respondent had previously read the entire statement above and that the respondent understood it in full;
[ ] (b) The respondent's lawyer had previously read to him or her the entire statement above and that the respondent understood it in full; or
[ ] (c) An interpreter had previously read to the respondent the entire statement above and that the defendant understood it in full. The Interpreter's Declaration is attached.
The judge I finds the respondent's plea of guilty is knowingly, intelligently, and voluntarily made. Respondent understands the charge and the consequences of the plea. ,that the respondent has been advised by the judge concerning the nature of the offense, that tThere is a factual basis for the plea. The respondent is guilty as charged.
| Dated: ____________________________ |
____________________________________
JUDGE/COMMISSIONER |
_________________________________
Attorney for Respondent |
____________________________________
Deputy Prosecuting Attorney |
_________________________________
Type or Print Name/Bar Number |
____________________________________
Type or Print Name/Bar Number |
- The first paragraph:
Change the first sentence in the first paragraph by adding "as defined in RCW 9A.44.130," after "minor" and before "I will". Delete the citation to RCW 9A.44.130 that followed the first sentence. This change conforms the language in the juvenile Attachment "A" to the language in the CrR 4.2(g) Guilty Plea Form, Attachment "A".
- 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.
- Paragraph regarding name changes:
Change the 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(67).
The JuCr 7.7 Attachment "A" already contained the notice that a respondent was required to submit a copy of a name change order to the county sheriff. The new language adds the requirement to submit a copy of the name change application to the county sheriff and updates the statutory citation. 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.
