June 2002

Summary of Changes to the Misdemeanor Judgment and Sentencing Forms

The Pattern Forms Committee approved several modifications to the Misdemeanor Judgment and Sentencing forms. The modifications are based upon 2002 Session Laws and recommended improvements to the forms. Following are descriptions of the Session Laws and the modifications to the forms:

I. SESSION LAWS

A. Chapter 289 Laws of 2002 (SHB 2468)

Chapter 289 Laws of 2002 (SHB 2468), effective July 1, 2002, relates to the DNA DATA BASE. Chapter 289 Laws of 2002 § 2 amends RCW 43.43.754 to read as follows:

    (1) Every adult or juvenile individual convicted of a felony, stalking under RCW 9A.46.110, harassment under RCW 9A.46.020, communicating with a minor for immoral purposes under RCW 9.68A.090, or adjudicated guilty of an equivalent juvenile offense must have a biological sample collected for purposes of DNA identification analysis ......."

This law applies to anyone who enters a guilty plea for a felony or for one of the gross misdemeanors listed above after July 1, 2002, regardless of when the person committed their crime.

B. Chapter 175 Laws of 2002 (SB 6627)

Chapter 175 Laws of 2002 (SB 6627), effective July 1, 2002, relates to community restitution. The term "community service" is replaced with "community restitution" wherever the former term was used.

II. REVISIONS TO FORMS

No.

Form Number

Form Title and Description

A.

CrRLJ 4.0200

"Offender Registration" Attachment

This is a new "Offender Registration" Attachment for use in judgment and sentencing. It is identical to the "Offender Registration" Attachment used with the CrRLJ 4.2(g) guilty plea form. Please see Section II. C. 4, below for more information.

B.

CrRLJ 07.0100

Judgment and Sentence for DUI/Physical Control

On the top of page two, "community service" is replaced with "community restitution."

Under "Conditions of Deferred Sentence, Probation, and Suspended Jail Time, in the sixth check box, change the check box "Alcohol" to "Alcoholics Anonymous."

C.

CrRLJ 07.0110

Judgment and Sentence

To implement Chapter 289 Laws of 2002, the following check box option is added to the first page immediately above the section on fines, costs and assessments:

    This crime involves stalking, harassment or communication with a minor for immoral purposes. The defendant shall have a biological sample collected for purposes of DNA identification analysis.

Under "Conditions of Deferred Sentence, Probation, and Suspended Jail Time, change the fifth check box as follows;

    Pay direct to the clerk of this court within _____ days Reimburse plaintiff $__________________ for the cost of providing a public defender. within ______days. (Pay direct to plaintiff.)

Also under "Conditions of Deferred Sentence, Probation, and Suspended Jail Time," in the eighth check box, change the check box "Alcohol" to "Alcoholics Anonymous."

Pursuant to RCW 10.01.200, the court must give written notice of the sex offender registration requirements to defendants in guilty plea forms and in judgment and sentence forms. The exact language is:

    The court shall provide written notification to any defendant charged with a sex offense or kidnapping offense of the registration requirements of RCW 9A.44.130. Such notice shall be included on any guilty plea forms and judgments and sentence forms provided to the defendant.

To comply with RCW 10.01.200, the following check box option is inserted on page two immediately above the line that begins with " Return for a review hearing:_________."

    This crime involves a sex offense, or a kidnapping offense involving a minor, as defined in RCW 9A.44.130. The Defendant is required to register with the county sheriff as described in the "Offender Registration" Attachment.

D.

CrRLJ 07.0200

Supplemental Record of Sentencing Proceedings

At the end of page two, the heading "Date of Community Service Order" was changed to "Date of Community Restitution Order."

E.

CrRLJ 07.0600

Order Allowing Community Restitution Work

The form caption is changed from "Order Allowing Community Service Work In Lieu of..." to "Order Allowing Community Restitution Work In Lieu of..."

In several locations throughout the order, the term "community service" is replaced with "community restitution."

The form name in the footer is changed from "Order Allowing Community Service Work" to "Order Allowing Community Restitution Work."

F.

CrRLJ 07.0610

Community Restitution Time Chart

The form name in the footer is changed from "Community Service Time Chart" to "Community Restitution Time Chart."

G.

CrRLJ 07.0900

Domestic Violence No-Contact Order

In the introductory paragraph, change the last sentence "The person(s) protected by this order is (Name, DOB)" to "This order protects (Name):"

In the findings check box option regarding RCW 9.41.800, add the following phrase to the beginning of the sentence: "This is a pretrial order prohibiting possession of firearms or other dangerous weapons and....."

In the order check box option regarding RCW 9.41.800, add "(Pretrial Order)" to the beginning of the paragraph.

In the Warnings to Defendant, 4th paragraph, 1st sentence, after "upon conviction of" and before "misdemeanor" insert "felony or a qualifying."

Change the sentence regarding the expiration date to:

THIS NO-CONTACT ORDER EXPIRES ON

Please note: High volume courts may want to modify this sentence to reflect a default expiration date of two years:

THIS NO-CONTACT ORDER EXPIRES TWO YEARS FROM TODAY.

H.

CrRLJ 07.0950

Harassment No-Contact Order

In the introductory paragraph, change the last sentence "The person(s) protected by this order is (Name, DOB)" to "This order protects (Name):"

Change the sentence regarding the expiration date to:

THIS NO-CONTACT ORDER EXPIRES ON

Please note: High volume courts may want to modify this sentence to reflect a default expiration date of two years:

THIS NO-CONTACT ORDER EXPIRES TWO YEARS FROM TODAY.

I.

CrRLJ 09.0300

Instructions for Vacating Misdemeanor and Gross Misdemeanor Convictions

Change the name of CrRLJ 09.0300 from "Vacation of Misdemeanor and Gross Misdemeanor Convictions" to "Instructions for Vacating Misdemeanor and Gross Misdemeanor Convictions."

Change to footer as follows:

INSTRUCT. FOR VACATION VACATING OF MISD. GROSS MISD CONV - INFO SHEET

Change the Introductory paragraph as indicated below:

    The Washington Legislature enacted a new law that permits the vacation of some misdemeanor or gross misdemeanor convictions.

Delete the asterisk after the form title and delete the asterisk sentence at the end of page two.


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