On page 1, line 3 is changed from "I went through the ____ grade" to "The last level of education I completed was___________________." Some schools do not define a level of accomplishment as completion of a grade. The new version of this sentence is more flexible.

On page 2, paragraph 6, "(SM) Sexual motivation, RCW 9.94A.533(8)", is added below the sentence table. This change is based upon Laws of 2006, ch. 123, § 1, which amended RCW 9.94A.533 by adding a new subsection (8). RCW 9.94A.533(8) contains a new sexual motivation enhancement. According to RCW 9.94A.533(8)(c), the sexual motivation enhancement applies to all felony crimes.

On page 3, paragraph 6(f), For crimes committed on or after July 1, 2000, in the first sentence, "under certain circumstances" is inserted after "confinement," and before "the judge…" In the same paragraph, the citation "RCW 9.94A.150" is changed to "RCW 9.94A.728."

Also on page 3, paragraph 6(f), in the community custody range table, the RCW citation in the last row is changed from "RCW 9.94A.120(6)" to "RCW 9.94A.660."

On page 4, paragraph 6(k), in the first sentence, "provided by law" is inserted after "manner," and the rest of the sentence is deleted.

On page 4, paragraph 6(m), the following phrase is added to the end of the paragraph:

", unless the court finds that imposing the fee will cause me undue hardship."

The change to paragraph 6(m) is based upon RCW 43.43.7541, which states that every sentence for applicable offenses must include the $100 fee for collecting biological samples "…unless the court finds that imposing the fee would result in undue hardship on the offender…."

On page 5, paragraph 6(s), special drug offender sentencing alternative. The third sentence in the first paragraph, is changed as follows:

"…If the judge imposes the prison-based alternative, the sentence will consist of a period of total confinement in a state facility for one-half of the midpoint of the standard range, or 12 months, whichever is greater…."

This proposed change is based upon Laws of 2006, ch. 339, § 302, which amended RCW 9.94A.660(5) as follows:

(5) The prison-based alternative shall include: (a) A period of total confinement in a state facility for one-half of the midpoint of the standard sentence range or twelve months, whichever is greater.

On page 6, paragraph 6(t), the first phrase is changed as follows:

"If I am subject to community custody and the judge finds that I have a chemical dependency that has contributed to the offense…"

The new language implements RCW 9.94A.607(2), copied below:

"(2) This section applies to sentences which include any term other than, or in addition to, a term of total confinement, including suspended sentences."

On page 7, paragraph 6(v) is changed as follows:

If this crime involves a violation of the state drug laws, my eligibility for state and federal food stamps, welfare, and education benefits will may be affected. 20 U.S.C. § 1091(r) and 21 U.S.C. § 862a.

The federal statutes relating to consequences for violations of drug laws give a defendant a means to avoid or reduce the length of federal ineligibility for federal benefits. Since the loss of benefits is not absolute, the Felony J&S Sentence forms subcommittee recommends changing "will" to "may". This change is based upon the following federal statutes and Washington State statute:

Impact of controlled substance conviction on education benefits, 20 U.S.C. § 1091(r)(1) and (2):

(r) Suspension of eligibility for drug-related offenses.
(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: Ineligibility period is:
First offense ............. 1 year
Second offense ......... 2 years
Third offense ............. Indefinite.

The sale of a controlled substance: Ineligibility period is:
First offense ............. 2 years
Second offense.......... Indefinite.

(2) Rehabilitation. A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if--
(A) the student satisfactorily completes a drug rehabilitation program that--
(i) complies with such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; and
(ii) includes two unannounced drug tests; or
(B) the conviction is reversed, set aside, or otherwise rendered nugatory.

(3) Definitions. In this subsection, the term "controlled substance" has the meaning given the term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).

A controlled substance conviction still impacts food stamps and welfare, under 21 U.S.C. § 862a(a) and (b) unless a state "opt outs" under 21 U.S.C. § 862a(d):

(a) In general. An 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 (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) shall not be eligible for--
(1) assistance under any State program funded under part A of title IV of the Social Security Act [42 USCS § § 601 et seq.], or
(2) benefits under the food stamp program (as defined in section 3(h) of the Food Stamp Act of 1977 [7 USCS § 2012(h)]) or any State program carried out under the Food Stamp Act of 1977 [7 USCS § § 2011 et seq.].

(b) Effects on assistance and benefits for others.
(1) Program of temporary assistance for needy families. The amount of assistance otherwise required to be provided under a State program funded under part A of title IV of the Social Security Act [42 USCS § § 601 et seq.] to the family members of an individual to whom subsection (a) applies shall be reduced by the amount which would have otherwise been made available to the individual under such part.
(2) Benefits under the Food Stamp Act of 1977. The amount of benefits otherwise required to be provided to a household under the food stamp program (as defined in section 3(h) of the Food Stamp Act of 1977 [7 USCS § 2012(h)]), or any State program carried out under the Food Stamp Act of 1977 [7 USCS § § 2011 et seq.], shall be determined by considering the individual to whom subsection (a) applies not to be a member of such household, except that the income and resources of the individual shall be considered to be income and resources of the household.

(d) Limitations. (1) State elections.
(A) Opt out. A State may, by specific reference in a law enacted after the date of the enactment of this Act [enacted Aug. 22, 1996], exempt any or all individuals domiciled in the State from the application of subsection (a).….

Laws of 2006, ch. 174, § 2 states:

(4) Pursuant to 21 U.S.C. 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. 862a(1) and (2) to ensure eligibility for temporary assistance for needy families' benefits and federal food assistance.

On page 7, a new paragraph [aa] is added:

[aa] I understand that the offense(s) I am pleading guilty to include a Violation of the Uniform Controlled Substances Act in a protected zone enhancement or manufacture of methamphetamine when a juvenile was present in or upon the premises of manufacture enhancement. I understand these enhancements are mandatory and that they must run consecutively to all other sentencing provisions

This new paragraph is based upon Laws of 2006, ch. 339, § 301, which amended RCW 9.94A.533(6) as follows:

(6) An additional twenty-four months shall be added to the standard sentence range for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435 or 9.94A.605. All enhancements under this subsection shall run consecutively to all other sentencing provisions, for all offenses sentenced under this chapter.

On page 7, paragraph 6[bb] is changed as follows:

I understand that the offense(s) I am pleading guilty to include a deadly weapon,or firearm, or sexual motivation enhancement. Deadly weapon, orfirearm, or sexual motivation enhancements are mandatory, they must be served in total confinement, and they must run consecutively to any other sentence and to any other deadly weapon, or firearm, or sexual motivation enhancements.

These changes are based upon Laws of 2006, ch. 123, § 1, which amended RCW 9.94A.533 by adding a new subsection (8). RCW 9.94A.533(8) creates a sexual motivation enhancement. According to RCW 9.94A.533(8)(b), sexual motivation enhancements "..are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other sexual motivation enhancements, for all offenses sentenced under this chapter…." RCW 9.94A.522(8)(c) states that the sexual motivation enhancements apply to all felony crimes.

On page 7, the new paragraph 6[ee] is added:

[ee] The judge may authorize work ethic camp. To qualify for work ethic authorization my term of total confinement must be more than twelve months and less than thirty-six months, I can not currently be serving a sentence for violation of the uniform controlled substance act and I can not have a current or prior conviction for a sex or violent offense.

This new paragraph is based upon RCW 9.94A.690(1)(a):

(1)(a) An offender is eligible to be sentenced to a work ethic camp if the offender: (i) Is sentenced to a term of total confinement of not less than 12 months and one day or more than 36 months; (ii) Has no current or prior convictions for any sex offenses or for violent offenses; and (iii) Is not currently subject to a sentence for, or being prosecuted for, a violation of the uniform controlled substances act or a criminal solicitation to commit such a violation under chapter 9A.28, or 69.50 RCW…"

On page 1, line 3 is changed from "I went through the ____ grade" to "The last level of education I completed was___________________."

On page 2, paragraph 6(a), "(SM) Sexual motivation, RCW 9.94A.533(8)" is added below the Sentence table.

Laws of 2006, ch. 130 authorizes the Indeterminate Sentence Review Board and the Department of Corrections to impose electronic monitoring as a condition of community custody for sex offenses.

To implement Laws of 2006, ch. 130, on page 3, paragraph 6(f), in the paragraph For sex offenses committed on or after September 1, 2001, in paragraph (i), the last sentence is changed to:

During the period of community custody I will be under the supervision of the Department of Corrections and I will have restrictions and requirements placed upon me, which may include electronic monitoring, and I may be required to participate in rehabilitative programs.

On page 3, paragraph 6(f)(i), in the table (aa), "Assault of a child in the second degree" is added. This change is based upon Laws of 2006, ch.124, § § 2 and 3 which amended RCW 9.94A.712(1)(a)(ii) by adding "assault of a child in the second degree" to the list of offenses that can be sentenced under RCW 9.94A.712. [Note: "Burglary in the first degree" is moved into right column of the bottom row, and "Assault of a child in the second degree" is placed in the left column of the bottom row.]

On pages 4, paragraph 6(f)(i), in table (bb) "Assault of a child in the second degree" is added. This change is based upon Laws of 2006, ch.124, § § 2 and 3 which amended RCW 9.94A.712(1)(a)(ii) by adding "assault of a child in the second degree" to the list of offenses that can be sentenced under RCW 9.94A.712. [Note: "Burglary in the first degree" is moved into right column of the bottom row, and "Assault of a child in the second degree" is placed in the left column of the bottom row.]

On page 4, in paragraph 6(f)(ii), the last sentence is changed to:

During the period of community custody to which I am sentenced, I will be under the supervision of the Department of Corrections, and I will have restrictions and requirements placed upon me, which may include electronic monitoring.

For sex offenses committed on or after March 20, 2006:

For the following offenses and special allegations, the minimum term shall be either the maximum of the standard sentence range for the offense or 25 years, whichever is greater:
1) If the offense is rape of a child in the first degree, rape of a child in the second degree or child molestation in the first degree and the offense includes a special allegation that the offense was predatory.
2) If the offense is rape in the first degree, rape in the second decree, indecent liberties by forcible compulsion, or kidnapping in the first degree with sexual motivation and the offense includes special allegation that the victim of the offense was under 15 years of age at the time of the offense.
3) If the offense is rape in the first degree, rape in the second degree with forcible compulsion, indecent liberties with forcible compulsion, or kidnapping in the first degree with sexual motivation and this offense includes a special allegation that the victim of the offense was, at the time of the offense, developmentally disabled, mentally disordered, or a frail elder or vulnerable adult.

(3)(a) Upon a finding that the offender is subject to sentencing under this section, the court shall impose a sentence to a maximum term ((consisting of the statutory maximum sentence for the offense)) and a minimum term ((either within the standard sentence range for the offense, or outside the standard sentence range pursuant to RCW 9.94A.535, if the offender is otherwise eligible for such a sentence)).
(b) The maximum term shall consist of the statutory maximum sentence for the offense. (c)(i) Except as provided in (c)(ii) of this subsection, the minimum term shall be either within the standard sentence range for the offense, or outside the standard sentence range pursuant to RCW 9.94A.535, if the offender is otherwise eligible for such a sentence.
(ii) If the offense that caused the offender to be sentenced under this section was rape of a child in the first degree, rape of a child in the second degree, or child molestation in the first degree, and there has been a finding that the offense was predatory under section 1 of this act, the minimum term shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater. If the offense that caused the offender to be sentenced under this section was rape in the first degree, rape in the second degree, indecent liberties by forcible compulsion, or kidnapping in the first degree with sexual motivation, and there has been a finding that the victim was under the age of fifteen at the time of the offense under section 2 of this act, the minimum term shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater. If the offense that caused the offender to be sentenced under this section is rape in the first degree, rape in the second degree with forcible compulsion, indecent liberties with forcible compulsion, or kidnapping in the first degree with sexual motivation, and there has been a finding under section 3 of this act that the victim was, at the time of the offense, developmentally disabled, mentally disordered, or a frail elder or vulnerable adult, the minimum sentence shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater.
(d) The minimum terms in (c)(ii) of this subsection do not apply to a juvenile tried as an adult pursuant to RCW 13.04.030(1)(e)(i) or (v). The minimum term for such a juvenile shall be imposed under (c)(i) of this subsection.

On page 5, paragraph 6(k), in the first sentence, "provided by law" is inserted after "manner" and the rest of the sentence is deleted.

On page 5, paragraph 6(n), the following is added to the end of the paragraph:

", unless the court finds that imposing the fee will cause me undue hardship."

On page 6, paragraph 6(p), "assault of a child in the second degree" is inserted after "assault of a child in the first degree" and before "or burglary in the first degree." This change is based upon Laws of 2006, ch.124, § 1, which amended RCW 9.94A.030(32)(b)(i) [should be (33)(b)(i)] by adding assault of a child in the second degree, to the list of offenses that, with a finding of sexual motivation, are counted as persistent offender strikes (two strikes).

On page 6, paragraph 6(q), the following paragraph is inserted as the first subparagraph immediately below the heading "Special sex offender sentencing alternative:"

In addition to other eligibility requirements under RCW 9.94A.670, to be eligible for the special sex offender sentencing alternative, I understand that I must voluntarily and affirmatively admit that I committed all of the elements of the crime(s) to which I am pleading guilty. I make my voluntary and affirmative admission in my statement in paragraph 11.

"(2) An offender is eligible for the special sex offender sentencing alternative if: (a) The offender has been convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense. If the conviction results from a guilty plea, the offender must, as part of his or her plea of guilty, voluntarily and affirmatively admit he or she committed all of the elements of the crime to which the offender is pleading guilty. This alternative is not available to offenders who plead guilty to the offense charged under North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) and State v. Newton, 87 Wash.2d 363, 552 P.2d 682 (1976)…"

I will have restrictions and requirements placed upon me, which may include electronic monitoring;

"If I am subject to community custody and the judge finds that I have a chemical dependency that has contributed to the offense…"

"(2) This section applies to sentences which include any term other than, or in addition to, a term of total confinement, including suspended sentences."

I understand that the offense(s) I am pleading guilty to include a deadly weapon, or firearm or sexual motivation enhancement. Deadly weapon, or firearm, or sexual motivation enhancements are mandatory, they must be served in total confinement, and they must run consecutively to any other sentence and to any other deadly weapon or,firearm, or sexual motivation enhancements.

The following heading is added to the first paragraph:

    "1. General Applicability and Requirements:"

The following heading is added to the second paragraph:

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

Laws of 2006, ch. 126, § 1, amended 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, the second paragraph is updated 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.

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

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.

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

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

"(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."

(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.

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

"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 am 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 amended 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, a new paragraph 7 is added:

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.

"8. Application for a Name Change:"

The following heading is added to the first paragraph:

"1. General Applicability and Requirements:"

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

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.

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

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.

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

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

"(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."

(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.

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

"Even I if 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."

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.

"8. Application for a Name Change:"