October 2001

SUMMARY OF CHANGES TO MISDEMEANOR JUDGMENT AND SENTENCING FORMS

Use this sheet to track changes made in July and October 2001 to the forms.

CrRLJ 03.0400

Rights, Conditions and Warnings (Footer date 7/2001)

Change paragraph 8, RESTITUTION, as follows:

Restitution must be paid through the court by personal or cashier's check made payable to the party named in the restitution section. The check must include the case number. A restitution obligation may be enforced in the same way a civil judgment is enforced, including real property lien. A restitution obligation may be enforced up to 10 years following your release from confinement or from the date of judgment and sentence whichever is longer, and may be extended an additional 10 years if the court finds that you did not make a good faith attempt to pay.

These changes are based upon the following provisions 1, 3 - 6 derived from Chapter 115, Laws of 2001 (SHB 1117), section 1, which adds a new section to chapter 3.66 RCW:

  1. Restitution obligations may be enforced in the same manner as civil judgments.

  2. The judgment and sentence must identify the party or entity to whom restitution is owed.

  3. Restitution obligations may be enforced during the 10 years following the defendant's release from confinement or within 10 years of entry of judgment and sentence, whichever is longer.

  4. Before the 10 years is up the court may extend the judgment 10 more years only if the court finds the defendant did not make a good faith attempt to pay.

  5. The party owed restitution may utilize any other remedies available to collect the court-ordered financial obligation.

  6. The new section does not deprive the court of authority to determine whether the failure to pay restitution is a violation of a condition of probation or to impose a sanction if a violation is found.

Change paragraph 3, PROBATION APPOINTMENTS, as follows:

PROBATION APPOINTMENTS. If you are placed on probation, you must contact the probation office not earlier than 10 days and not later than 20 days after you are sentenced. You must keep the probation office advised of all address changes. Court: __________ Telephone Number: ___________ Address: ______________________________.

If the court orders you to appear at a hearing regarding your compliance with probation and you fail to attend the hearing, your term of probation is tolled (the time does not count) until you appear on the record.

This change is based upon Chapter 94, Laws of 2001 (ESSB 5970), amending RCW 3.66.067, .068, RCW 35.20.255, RCW 3.50.320, .330 by adding the following language:

"…A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant's compliance with the terms of probation when ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record…."

This form was originally published on the Courts' Web page in July 2001.

CrRLJ 03.0410

Rights, Conditions and Warnings (Footer date 7/2001)

Change paragraph 7, RESTITUTION, as follows:

Restitution must be paid through the court by personal or cashier's check made payable to the party named in the restitution section. The check must include the case number. A restitution obligation may be enforced in the same way a civil judgment is enforced, including real property lien. A restitution obligation may be enforced up to 10 years following your release from confinement or from the date of judgment and sentence whichever is longer, and may be extended an additional 10 years if the court finds that you did not make a good faith attempt to pay.

Change paragraph 3, PROBATION APPOINTMENTS, as follows:

PROBATION APPOINTMENTS. If you are placed on probation, you must contact the probation office not earlier than 10 days and not later than 20 days after you are sentenced. You must keep the probation office advised of all address changes. Court: __________ Telephone Number: ___________ Address: _______________________________.

If the court orders you to appear at a hearing regarding your compliance with probation and you fail to attend the hearing, your term of probation is tolled (the time does not count) until you appear on the record.

This form was originally published on the Courts' Web page in July 2001.

CrRLJ 09.0100

Motion and Declaration for Order Vacating Conviction (footer date 10/2001)

This new motion and declaration for order vacating misdemeanor convictions is based upon Chapter 140, Laws of 2001 (SHB 1174), codified as RCW 9.96.060.

This form was originally published on the Courts' Web page in July 2001. It is republished in October 2001, with a SCOMIS code and with the RCW citations.

CrRLJ 09.0150

Notice of Motion for Order Vacating Conviction (footer date 10/2001)

This new notice, which may be used to notify the prosecuting attorney of the motion for order vacating conviction, is based upon Chapter 140, Laws of 2001 (SHB 1174), codified as RCW 9.96.060.

This form was originally published on the Courts' Web page in July 2001. It is republished in October 2001, with a SCOMIS code and with the RCW citations.

CrRLJ 09.0200

Order on Motion RE: Vacating Conviction (footer date 10/2001)

This new order regarding vacating misdemeanor convictions is based upon Chapter 140, Laws of 2001 (SHB 1174), codified as RCW 9.96.060.

This form was originally published on the Courts' Web page in July 2001. It is republished in October 2001, with a SCOMIS code and with the RCW citations.

CrRLJ 09.0300

Vacation of Misdemeanor and Gross Misdemeanor Convictions - Information Sheet (footer date 10/2001)

This new information sheet describes the legal basis and procedures for vacating misdemeanor and gross misdemeanor convictions. The information sheet is based upon Chapter 140, Laws of 2001 (SHB 1174), codified as RCW 9.96.060.

This information sheet was originally published on the Courts' Web page in July 2001. It is republished in October 2001 with the RCW citations.

CrRLJ 07.0900

Domestic Violence No-Contact Order (footer date 10/2001)

In the right side of the caption below the form title, the code information was changed to:

(clj = NOCON)

(superior cts = ORPRT)

The codes only appear in the footer after the form title.

CrRLJ 07.0950

Harassment No-Contact Order (footer date 10/2001)

In the right side of the caption below the form title, the code information was changed to:

(clj = NOCON)

(superior cts = ORPRT)

The codes only appear in the footer after the form title.

 

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