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200704gp
April 16, 2007
TO:
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All Judges, Court Administrators, Prosecuting Attorneys,
Defense Attorneys and Law Libraries
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FROM:
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Merrie Gough, Senior Legal Analyst
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SUBJECT:
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SUMMARY OF AMENDMENTS TO THE CrRLJ 4.2(g) GUILTY PLEA FORMS
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On April 5, 2007, the Supreme Court adopted the following amendments to the CrRLJ 4.2(g) guilty plea form and attachments:
I.
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CrRLJ 04.0200
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Statement of Defendant on Plea of Guilty
Below the name of the form in the right side of the caption, the following check boxes are added:
[ ] Count 1: ________________________
[ ] Count 2: ________________________
[ ] Count 3: ________________________
[ ] ________________________________
In line 6(l), in the second check box option, the second sentence is changed as follows:
“I may will also be required to drive only motor vehicles equipped with an ignition interlock device as imposed by the Department of Licensing and/or the court for _______ years.”
These changes are proposed to reflect the variable circumstances for imposing ignition interlock requirements found in Laws of 2004, ch. 95.
To implement Laws of 2005, ch. 400, § 4, codified as RCW 3.66.140, (relating to supervision of offenders traveling to and from another state), on page 3, a new paragraph 6(o) is inserted:
“[ ]o Travel Restrictions: I understand that I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if I am placed on probation for one year or more and this crime involves: (i) an offense in which a person has incurred direct or threatened physical or psychological harm; (ii) an offense that involves the use or possession of a firearm; (iii) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; (iv) a sexual offense that requires the offender to register as a sex offender in the sending state. I understand that I will be required to pay an application fee with my travel or transfer request.”
On page 3, in paragraph 7, in the first sentence, “(s)” is added after “crime,” “complaint” and “citation.”
On page 4, the attorney signature lines are changed as follows:
“Prosecuting Authority and Bar #”
“Type or Print Name WSBA No.”
“Defendant’s Lawyer and Bar #”
“Type or Print Name WSBA No.”
In the Interpreter’s Declaration, below the line for the Interpreter’s signature, add a new line as follows:
“__________________________________
Type or Print Name”
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CrRLJ 04.0200
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“DUI” Attachment
The DUI Attachment was updated by incorporating the 2003, 2004, and 2005 legislative changes made to the DUI Sentencing Grid. The detailed description of changes, below, reflects the changes to the 8/2002 version of the DUI Attachment as compared to the 2005 version of the DUI Sentencing Grid:
On the first page, after the heading “DUI Administrative Sanctions and Reinstatement Provisions, ” the amended date is changed from “June 1, 2001” to “July 24, 2005.”
In the Administrative Sanctions table, “(Effective January 1, 1999)” is deleted.
In the “Administrative Sanctions” table, in the third column, the parenthetical phrase is changed from:
“(Revocation consecutive to any court ordered suspension as a result of the same incident.)”
to:
“(Day for day credit for revocation period already served under suspension, revocation, or denial imposed under RCW 46.61.5055 and arising out of the same incident. RCW 46.20.3101(4).)”
In the table “Requirements for Reinstatement of Driving Privilege,” in both columns, the following is inserted as the second bulleted section:
“Present written verification by a company doing business in this state that it has installed the required ignition interlock device on a vehicle owned and/or operated by the person seeking reinstatement”
Also in both columns, after “Pay $150 driver’s license reissue fee,” “(Effective June 11, 1998)” is deleted.
At the bottom of the first page, a new two-row table is inserted. In the first row, the following title is inserted:
“Temporary Restricted Driver’s License, RCW 46.20.380, RCW 46.20.391.”
In the second row, the following text is inserted:
“RCW 46.20.391 provides for a temporary restricted license: $100 fee, proof of functioning ignition interlock and financial responsibility; demonstrated necessity.”
On page 2, after the heading “Court DUI Sentencing Grid,” the amended date is changed from “June 1, 2001” to “July 24, 2005.”
At the end of the note “Amended Convictions for the following,” a diamond shape, “♦,” is inserted. (The diamond refers to a new footnote below the DUI Grid table. See below.)
In the sentencing grid table, in the section on “Alcohol Concentration Less Than .15 or No Test Result,” in the row captioned “Fine,” the dollar amounts in parentheses are changed (the changes include an adjustment for the PSEA applied to the $50.00 penalty required by RCW 46.64.055, which penalty was added in 2002, and the $43.00 Criminal Conviction Fee, RCW 3.66.085 (Laws of 2005, ch. 457, § 10): in the second column, $765 is changed to $866; in the third column, $1,005 is changed to $1,121; in the fourth column, $1,805 is changed to $1,971.
In the row captioned “Ignition Interlock Device,” in the second column, “Court may order” is changed to “DOL Shall Require**;” in the third column, “Not Less Than 1 Year” is changed to “DOL Shall Require**;” and in the fourth column, “Not Less Than 1 Year” is changed to “DOL Shall Require**.”
In the section on “Alcohol Concentration At Least .15 or Greater or Test Refusal,” in the row captioned “Jail Time***,” the parenthetical phrases is changed as follows (for space saving purposes): in the second column, “(2 consecutive days non-suspendable)” is changed to “(2 consecutive mandatory);” in the third column, “(45 days non-suspendable)” is changed to “(45 days mandatory);” and in the fourth column, “(120 days non-suspendable)” is changed to “(120 days mandatory).”
In the row captioned “Fine,” the dollar amounts in parentheses are changed (by adding the previously stated assessments) as follows: in the second column, $1,005 is changed to $1,121; in the third column, $1,405 is changed to $1,546; and in the fourth column, $2,605 is changed to $2,821.
In the row captioned “Driver’s License,” in the second column, after “1-Year Revocation,” “(2 years if BAC refused; RCW 46.61.5055(7)(c))” is inserted. In the third column, after “900-Day Revocation,” “(3 years if BAC refused; RCW 46.61.5055(7)(c))” is inserted.
In the row captioned “Ignition Interlock Device,” in the second column, “Not Less Than 1 Year” is changed to “DOL Shall Require**,” in the third column, “Not Less Than 1 Year” is changed to “DOL Shall Require**,” and in the fourth column, “Not Less Than 1 Year” is changed to “DOL Shall Require**.”
On the second page, below the table, this new footnote is added:
See City of Walla Walla v. Greene, 154 Wn. 2d 722, 116 P. 3d 1008 (2005).”
After the footnote heading “Electronic Home Monitoring,” “(EHM)” is inserted.
After the footnote heading “Ignition Interlock,” “(IID)” is inserted. After this heading, the first sentence is deleted as follows:
“For a person previously ordered to install ignition interlock under RCW 46.20.720(3)(a) not less than 5 years, for a person previously ordered to install ignition interlock under RCW 46.20.720(3)(b) not less than 10 years.”
And the following is inserted as the new first sentence:
“Effective 6/10/04, DOL shall require after any alcohol related violation of RCW 46.61.502, 46.61.504 or equivalent local ordinances; the court may order IID, setting a calibration level and duration. 46.20.720 (as amended Laws of 2004, ch. 95).”
After “For application in DUI Deferred Prosecution, see: RCW 10.05.140,” the period at the end of the sentence is changed to a comma and the following text is inserted:
“…, which requires IID in a deferred prosecution of any alcohol-dependency based case. ”
The following new sentence is added at the end of the paragraph:
“If the violation was committed while a passenger under 16 was in the vehicle, the court must order installation and use of IID for at least 60 days or extend a previously imposed IID requirement by at least 60 days; IID restrictions begin after any applicable period of suspension, revocation, or denial of driving privileges. RCW 46.61.5055. (As amended by Laws of 2003, ch. 103).”
After the paragraph heading “Mandatory conditions of probation if any jail time is suspended,” “The individual:” is inserted before “(i)” and the text “The individual” is deleted after the “(i).” Between “vehicle” and “without,” “within this state” is deleted and after “responsibility,” “for the future” is deleted. After “(ii),” “the individual” is deleted and between “vehicle” and “while,” “within this state” is deleted. After “(iii),” “the individual” is deleted and between “vehicle” and “while,” “within this state” is deleted. At the end of the paragraph, the following new text is inserted:
“Violation of any mandatory condition requires a minimum penalty of 30 days confinement, which may not be suspended or deferred, and an additional 30 day license suspension. RCW 46.61.5055(9). Courts are required to report violations of mandatory conditions to DOL. RCW 46.61.5055.”
The following footnote is deleted:
“****Local Government Criminal Justice Funding penalty: Effective July 22, 2001, the court must impose an additional local government criminal justice funding penalty of $50. RCW 46.64.055. PSEA applies”
The deleted footnote is replaced with the following new footnote:
“****Statutory Assessments: PSEA 1, RCW 3.62.090(1); Alcohol Violators Fee, RCW 46.61.5054; Criminal Justice Funding (CJF) Penalty, RCW 46.64.055 (note RCW 3.62.090(1) and (2) apply to CJF penalty); Criminal Conviction Fee, RCW 3.62.085. (Similarly to forfeitable offenses listed in CrRLJ 3.2(r) – (u), statutory assessments are rounded up to the next even dollar amount.)” |
III.
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CrRLJ 04.0200
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“Offender Registration” Attachment
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, 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, 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.”
The following heading is added 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, the third paragraph is updated 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.”
The following heading is added to the fourth paragraph:
“4. Additional Requirements Upon Moving to Another State:”
The following heading is added 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):”
The following language that is based upon Laws of 2003, ch. 215, § 1, codified as RCW 9A.44.130(1)(b) and (c), is added as the second sentence of paragraph 5:
“If I become employed at a public or private institution of higher education, I am required to notify the sheriff for the county of my residence of my employment by the institution within 10 days of accepting employment or by the first business day after beginning to work at the institution, whichever is earlier. If my enrollment or employment at a public or private institution of higher education is terminated, I am required to notify the sheriff for the county of my residence of my termination of enrollment or employment within 10 days of such termination.”
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;
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(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, the following language is added 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.”
The following heading is added 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 48 hours excluding weekends and holidays after ceasing to have a fixed residence. To implement the change, the sixth paragraph, is changed 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, a new paragraph 7 is added, 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 five years in the community, I may petition the superior court to be relieved of the duty to report every 90 days.”
The following heading is added to the eighth paragraph:
“8. Application for a Name Change:”
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