TO:

District Court Administrators, Municipal Court Administrators, Prosecuting Attorneys, Defense Attorneys, and Law Libraries

FROM:

Merrie Gough, Legal Analyst

SUBJECT:

2006 SUMMARY OF CHANGES MISDEMEANOR JUDGMENT AND SENTENCING FORMS

I.

"Offender Registration" Attachment

Add the following heading to the first paragraph:

"1. General Applicability and Requirements:"

Add the following heading to the second paragraph:

"2. Offenders Who Leave the State and Return:"

Laws of 2006, ch. 126, § 1, amends RCW 9A.44.130(4)(a)(v) by changing the time period in which a new or returning Washington resident must register from 30 days to three business days. To implement this change, update the second paragraph as follows:

If I leave this state following my sentencing or release from custody but later move back to Washington, I must register within 30 three business days after moving to this state or within 24 hours after doing so if I am under the jurisdiction of this state's Department of Corrections. If I leave this state following my sentencing or release from custody, but later while not a resident of Washington I become employed in Washington, carry on a vocation in Washington, or attend school in Washington, I must register within 30 three business days after attending school in this state or becoming employed or carrying out a vocation in this state, or within 24 hours after doing so if I am under the jurisdiction of this state’s Department of Corrections.

Add the following heading to the third paragraph:

"3. Change of Residence Within State and Leaving the State:"

Laws of 2006, ch. 126, § 1, amends RCW 9A.44.130(5)(a) to require a person who changes residence in a county to provide signed written notice of a change of address. To implement this change, update the third paragraph as follows:

If I change my residence within a county, I must send signed written notice of my change of residence to the sheriff within 72 hours of moving. If I change my residence to a new county within this state, I must send signed written notice of the change of address at least 14 days before moving to the county sheriff in the new county of residence, and I must register with the sheriff of the new county within 24 hours of moving.,and I must also give signed written notice of my change of address to the sheriff of the county where last registered within 10 days of moving. If I move out of Washington State, I must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom I last registered in Washington State.

Add the following heading to the fourth paragraph:

"4. Additional Requirements Upon Moving to Another State:"

Add the following heading to the fifth paragraph:

"5. Notification Requirement When Enrolling in or Employed by a Public or Private Institution of Higher Education or Common School (K-12):"

Laws of 2006, ch. 126, § 2 amends RCW 9A.44.130 as it was amended by Laws of 2005, ch. 380, § 1. The 2005 text is included in Laws of 2006, ch. 126, § 2, which becomes effective September 1, 2006. The new text, RCW 9A.44.130(1)(b)(i) and (c), states:

"(b) Any adult or juvenile who is required to register under (a) of this subsection:
(i) Who is attending, or planning to attend, a public or private school regulated under title 28A RCW or chapter 72.40 RCW shall, within ten days of enrolling or prior to arriving at the school to attend classes, whichever is earlier, notify the sheriff for the county of the person’s residence of the person’s intent to attend the school, and the sheriff shall promptly notify the principal of the school;

…

(c) Persons, required to register under this section, who are enrolled in …. a public or private school regulated under Title 28A RCW or chapter 72.40 RCW on the effective date of this act, must notify the county sheriff immediately."

To implement, these subsections, add the following language to the end of the fifth paragraph:

(Effective September 1, 2006) If I attend, or plan to attend, a public or private school regulated under Title 28A RCW or chapter 72.40 RCW, I am required to notify the sheriff of the county of my residence of my intent to attend the school. I must notify the sheriff within 10 days of enrolling or 10 days prior to arriving at the school to attend classes, whichever is earlier. If I am enrolled on September 1, 2006, I must notify the sheriff immediately. The sheriff shall promptly notify the principal of the school.

Add the following heading to the sixth paragraph:

"6. Registration by a Person Who Does Not Have a Fixed Residence:"

Laws of 2006, ch. 126, § 1, amends RCW 9A.44.130(6)(a) by requiring a person who lacks a fixed residence to provide signed 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. To implement the change, update the sixth paragraph, as follows:

"Even Iif I lack do not have 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 Within 48 hours, excluding weekends and holidays, after ceasing to have alosing my fixed residence, I must send signed written notice to the sheriff of the county where I last registered. 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. 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 seven 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."

Laws of 2006, ch. 129 amends RCW 9A.44.130 by adding a new subsection (7). RCW 9A.44.130(7) requires offenders with a fixed address who are designated as a risk level II or III to report, in person, every 90 days to the county sheriff of the county where he or she is registered. If the offender complies with the 90-day reporting period with no violations for at least five years in the community, the offender may petition the superior court to be relieved of the duty to report every 90 days. New section (7) also includes additional details about the 90-day reporting requirements. To implement Laws of 2006, ch. 129, add a new paragraph 7, as follows:

7. Reporting Requirements for Persons Who Are Risk Level II or III: If I have a fixed residence and I am designated as a risk level II or III, I must report, in person, every 90 days to the sheriff of the county where I am registered. Reporting shall be on a day specified by the county sheriff’s office, and shall occur during normal business hours. If I comply with the 90-day reporting requirement with no violations for at least 5 years in the community, I may petition the superior court to be relieved of the duty to report every 90 days.

Add the following heading to the eighth paragraph:

"8. Application for a Name Change:"

II.

CrRLJ 07.0110, Judgment and Sentence

In the first paragraph, correct the spelling of "pled".

Delete the word "JAIL."

Before the section of legal financial obligations, insert:

"The Defendant shall pay to the clerk of this court:"

Delete the word "FINE". After the first check box, change "pay fine of" to "fine." For all other check boxes, delete "plus." Delete the sentence "All payments shall be made through the clerk of this court, including restitution."

Laws of 2006, ch. 138, § 16 creates a new sexual assault protection order. Under Laws of 2006, ch. 138, § 16(2)(a), a pre-conviction sexual assault protection order may include a condition that the defendant submit to electronic monitoring. Upon conviction, the court may order the defendant to reimburse the providing agency for the costs of the electronic monitoring. To implement Laws of 2006, ch. 138 §, 16(2)(a), the following is added immediately above "Additional Conditions of Sentence:"

☐ The defendant is ordered to reimburse __________________
_________________ (name of electronic monitoring agency) at ____________________________________________, for the cost of pretrial electronic monitoring in the amount of $_______.

After "Additional Conditions of Sentence:"

Change the check box section starting with "Begin the following within ___ days", as follows:

☐ Begin the following within ________days and complete within ____________ days and file proof of timely enrollment.
☐ Certified Domestic Violence Program ☐ (Begin Certified Domestic Violence Program after completion of Phase I of Two Year Alcohol/Drug Program) ☐ Anger Management (non-domestic violence only) ☐ Consumer Awareness (theft) ☐ Sexual Deviancy Counseling/Treatment ☐ Other_______________________.

Change the check box section starting with "Obtain an ….", as follows:

☐ Obtain an ☐ alcohol/drug evaluation from a Washington State-approved agency ☐ a psycho-sexual evaluation from a state certified provider ☐ a mental health evaluation from a state licensed mental health provider, and file a copy of the evaluation within ________ days. Begin any recommended treatment or education within________ days and file proof of timely enrollment and completion.

Change the check box option that begins with "Do not go upon the property…", to:

☐ Do not go upon the property of and have no contact with ____________________________________.

III.

Domestic Violence No-Contact Order

Immediately below "It is Ordered," insert the following lines for the expiration date:

2. ☐ This No-Contact Order expires on: __________________.

☐ This No-Contact Order expires 2 years from today’s date: __________________________.

Laws of 2006, ch. 138, § 25 amends RCW 26.50.110 by adding the new sexual assault protection orders to several lists of orders and the consequences for their violation.

To update the Domestic Violence No-Contact Order, Warnings to Respondent, change the last sentence of the first full paragraph, as follows:

"…Also, a violation of this order is a class C felony if the defendant has at least 2 previous convictions for violating a protection order issued under Titles 7, 10, 26 or 74."

Change the bold warning as follows:

You Can Be Arrested Even if the Person or Persons Who Obtained the Protected by This Order Invite or Allow You to Violate the Order’s Prohibitions.

Change the line regarding the expiration date by deleting "This No-Contact Order Expires on:______" and replacing it with:

***See Page One for the Expiration Date of This No-Contact Order.***

IV.

Harassment No-Contact Order

In the section ordering the Clerk of the Court to forward the order to law enforcement for data entry, change "where the above-named protected person lives" to "where this action is filed."

V.

Sexual Assault Protection Order

This is a new protection order developed pursuant to Laws of 2006, ch. 138, § 16.