December 28, 2000

TO: All Judges, County Clerks, Court Administrators, Prosecuting Attorneys and Defense Attorneys
FROM: Merrie Gough, Legal Analyst
SUBJECT: CrR 4.2(g) AND JuCR 7.7 GUILTY PLEA FORMS ADOPTED BY THE SUPREME COURT ON DECEMBER 7, 2000

The following is a summary of the statutory and case law changes made to the CrR 4.2(g) and JuCR 7.7 guilty plea forms that the Supreme Court adopted on December 7, 2000. Both forms were also reformatted to comply with GR 14 margin requirements:

  1. CrR 4.2(g) guilty plea form:

    Paragraph 6(a): In the sentence range table, the heading for the second column from the left was changed to "STANDARD RANGE ACTUAL CONFINEMENT (not including enhancements). The heading in the fourth column was changed to "TOTAL ACTUAL CONFINEMENT (standard range including enhancements). A new fifth column was inserted and has the following heading: "COMMUNITY CUSTODY RANGE (Only applicable for crimes committed on or after July 1, 2000. For crimes committed prior to July 1, 2000, see paragraph 6(f))." Below the table, a new enhancement code was added: (JP) Juvenile present. The new enhancement code is used when the defendant is convicted of the manufacture of specified controlled substances when a person under the age of 18 is present in or upon the premises of manufacture. RCW 9.94A.310(6).

    Paragraph 6(f), the following phrase was added to the beginning of the paragraph: "For crimes committed prior to July 1, 2000:" The following phrase was deleted from the end of the first sentence: "and community custody or community placement is not required due to the nature of the crime." The following sentence was inserted after the sentence ending with "three years of community custody," and before the sentence beginning with "During the period of community placement": "The actual period of community placement, community custody, or community supervision may be as long as my earned early release period." The last sentence of the paragraph, repeated below, was deleted because it is not a direct consequence of the guilty plea: "My failure to comply with these conditions will render me ineligible for general assistance, RCW 74.04.005(6)(h)."

    Also in Paragraph 6(f), the following section was added regarding community custody ranges:

    For crimes committed on or after July 1, 2000: 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 less than 12 months. If the crime I have been convicted of falls into one of the offense types listed in the following chart, the court will sentence me to community custody for the community custody range established for that offense type unless the judge finds substantial and compelling reasons not to do so. If the period of earned release awarded per RCW 9.94A.150 is longer, that will be the term of my community custody. If the crime I have been convicted of falls into more than one category of offense types listed in the following chart, then the community custody range will be based on the offense type that dictates the longest term of community custody.

    OFFENSE TYPE COMMUNITY CUSTODY RANGE
    Sex Offenses (Not sentenced under RCW 9.94A.120(8)) 36 to 48 months or up to the period of earned release, whichever is longer.
    Serious Violent Offenses 24 to 48 months or up to the period of earned release, whichever is longer.
    Violent Offenses 18 to 36 months or up to the period of earned release, whichever is longer.
    Crimes Against Persons as defined by RCW 9.94A.440(2) 9 to 18 months or up to the period of earned release, whichever is longer.
    Offenses under Chapter 69.50 or 69.52 RCW (Not sentenced under RCW 9.94A.120(6)) 9 to 12 months or up to the period of earned 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. My failure to comply with these conditions will render me ineligible for general assistance, RCW 74.04.005(6)(h), and may result in the Department of Corrections transferring me to a more restrictive confinement status or other sanctions.

    Paragraph 6(g), the following check box option was added after the writing lines for the prosecutor's recommendation: "[ ] The prosecutor will recommend as stated in the plea agreement, which is incorporated by reference."

    Paragraph 6(k), the following new paragraph 6(k) was inserted after paragraph 6(j) and before the notification relating to specific crimes: "Public Assistance will be suspended during any period of imprisonment." This paragraph replaced former paragraph 6[aa].

    The remaining subparagraphs in Paragraph 6 were renumbered.

    Paragraph 6[m], the second sentence was changed to: "This sentence could include as much as 90 days' confinement, and up to two years community supervision if the crime was committed prior to July 1, 2000, or up to two years of community custody if the crime was committed on or after July 1, 2000, plus all of the conditions described in paragraph (e)."

    Paragraph 6[o] (formerly Paragraph 6[n]), to reduce the length of the guilty plea form, the text of the sex offender registration requirements was removed from this paragraph and placed in Attachment "A." Paragraph 6[o] now contains the following information: "Because this crime involves a sex offense, or a kidnapping offense involving a minor, I will be required to register where I reside, study or work. The specific registration requirements are set forth in Attachment "A.""

    Paragraph 6[v], this new paragraph was added: "A conviction for a violation of the state drug laws will affect eligibility for state and federal food stamps, welfare, and education benefits." This paragraph is based upon the 9th Circuit case United States v. Littlejohn, 00 Cal. Daily Op. Serv. 7562, 2000 Daily Journal D.A.R. 10,027, 224 F.2d 960 (2000), and 20 U.S.C. 1091(r).

    Paragraph 6[cc], the following new paragraph was inserted:

    "I understand that if I am pleading guilty to the crime of unlawful practices in obtaining assistance as defined in RCW 74.08.331, no assistance payment shall be made for at least 6 months if this is my first conviction and for at least 12 months if this is my second or subsequent conviction. This suspension of benefits will apply even if I am not incarcerated. RCW 74.08.290.

    Paragraph 7, was changed from "I plead guilty to count _____ in the _________ Information. I have received a copy of that information," to:

    "I plead guilty to:

    Count:___________________________________________________________

    Count:___________________________________________________________

    Count:___________________________________________________________

    In the ______________ Information. I have received a copy of that Information."

    The line after the word "count" is intended to provide space for the count number and the name of the crime.

    Paragraph 12, the following phrase is added at the end of the first sentence "and Attachment "A" if applicable."

    Judge's statement, subsection (c), the asterisk before subsection (c) was removed and the following sentence was added to the end of the subsection: "The Interpreter's Declaration is attached."

    INTERPRETER'S DECLARATION, the following parenthetical phrase, below the caption, was deleted: "(If required, attach to Statement of Defendant on Plea of Guilty)." In the declaration, the blank line in which to write the title of the document being translated and the instruction "Identify document being translated," were deleted and replaced with "the Statement of Defendant on Plea of Guilty."

    ATTACHMENT A: Paragraph 6(o): Sex offense, kidnapping offense involving a minor, or other offenses listed in RCW 9A.44. The sex offender registration requirements formerly in Paragraph 6(n) of the guilty plea were placed in this attachment.

    In the third paragraph in the last sentence, "the person" was replaced with "I."

    The following paragraph was inserted before the paragraph that begins with "If I am a resident of Washington.":

    "If I move to another state, or if I work, carry on a vocation, or attend school in another state I must register a new address, fingerprints, and photograph with the new state within 10 days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. I must also send written notice within 10 days of moving to the new state or to a foreign country to the county sheriff with whom I last registered in Washington State."

    This new paragraph is derived from RCW 9A.44.130(4)(a)(ix).

    At the bottom right-hand corner of the attachment there is a line for the defendant's signature.

  2. JuCR 7.7 guilty plea:

    Paragraph 7, on the second line of the paragraph after the local sanctions table, the word "restrictions" was deleted because that term is adequately covered by the rest of the paragraph.

    Paragraph 12[C] the text of the sex offender registration requirement are removed from this paragraph and placed in Attachment "A." Paragraph 12[C] now contains the following information: "Because this crime involves a sex offense, or a kidnapping offense involving a minor, I will be required to register where I reside, study or work. The specific registration requirements are set forth in Attachment "A."

    Paragraph 12[G]: chapter 9.41 was inserted before 9A.40 on the last line of this paragraph. The school must be notified of a firearms violation pursuant to RCW 13.04.155(1)(f).

    Paragraph 20, in the first sentence after, "everything printed above," the following phrase was inserted: "and in Attachment "A," if applicable."

    ATTACHMENT A: Paragraph 12[C]; OFFENDER REGISTRATION FOR SEX OFFENSE OR KIDNAPPING OFFENSE. The sex offender registration requirements formerly in Paragraph 12 [C] of the guilty plea were placed in this attachment.

    In the third paragraph in the last sentence, "the person" was replaced with "I."

    The following paragraph was inserted before the paragraph that begins with "If I am a resident of Washington.":

    "If I move to another state, or if I work, carry on a vocation, or attend school in another state I must register a new address, fingerprints, and photograph with the new state within 10 days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. I must also send written notice within 10 days of moving to the new state or to a foreign country to the county sheriff with whom I last registered in Washington State."

    This new paragraph is derived from RCW 9A.44.130(4)(a)(ix).

    At the bottom right-hand corner of the attachment there is a line for the respondent's signature.


 

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