July 19, 2007

TO: Superior Court Judges, County Clerks, Superior Court Administrators, Prosecuting Attorneys, Defense Attorneys and Law Libraries

FROM: Merrie Gough, Senior Legal Analyst

SUBJECT: 2007 Summary of Changes to Felony Judgment and Sentence Forms

The Pattern Forms Committee approved the following updates to the Felony Judgment and Sentencing forms. The changes are based upon 2007 legislation and recommended changes:

A.

Felony Judgment and Sentence Form
 

There are recommended language changes throughout the form.

In the caption, after “Clerk’s Action Required”, insert paragraph “4.7 and 4.8 (SSOSA).”

Laws of 2007, ch. 368 (SSB 5718), § 10(1) provides that if an offense involves 1st, 2nd or 3rd degree rape of a child, or 1st, 2nd or 3rd degree child molestation, then the prosecuting attorney may file a special allegation that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in sexual conduct in return for a fee. SSB 5718 § 10(2) then directs the jury to return a special verdict or the court to make a finding of fact that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in sexual conduct in return for a fee.

To implement SSB 5718 § 10(2), in paragraph 2.1, insert the following as the second check box option in the list of findings and special verdicts:

    “[ ] The defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage a victim of child rape or child molestation in sexual conduct in return for a fee in the commission of the offense in Count ________.. RCW 9.94A.___.”

Update the RCW citations in the following check box options as indicated:

    “[ ] The offense was predatory as to Count _______. RCW 9.94A.836.

    [ ] The victim was under 15 years of age at the time of the offense in Count _______________________ RCW 9.94A.837.

    [ ] The victim was developmentally disabled, mentally disordered, or a frail elder or vulnerable adult at the time of the offense in Count __________ RCW 9.94A.838, 9A.44.010.”

Laws of 2007, ch. 368 § 9(9) creates a new enhancement:

    “(9) An additional one-year enhancement shall be added to the standard sentence range for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on or after the effective date of this act, if the offender engaged, agreed, or offered to engage the victim in the sexual conduct in return for a fee. If the offender is being sentenced for more than one offense, the one-year enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to the enhancement. If the offender is being sentenced for an anticipatory offense for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the offender attempted, solicited another, or conspired to engage, agree, or offer to engage the victim in sexual conduct in return for a fee, an additional one-year enhancement shall be added to the standard sentence range determined under subsection (2) of this section. For purposes of this subsection, "sexual conduct" means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.”

To implement Laws of 2007, ch. 368, § 9(9), below the table in paragraph 2.3, insert the following new enhancement abbreviation:

    “(SCF) Sexual Conduct with a child for a fee, RCW 9.94A.533(9).”

Under Laws of 2007, ch. 368, § 9(9), if the defendant is being sentenced for more than one offense, the one-year enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to the enhancement.

To implement this part of Laws of 2007, ch. 368, § 9(9), in paragraph “4.5 Confinement Over One Year”, add the following check box option to the newly revised paragraph containing a check box list of enhancements:

    “[ ] sexual conduct with a child for a fee.”

In the Special Sex Offender Sentencing Alternative section, add a new paragraph 4.7 as follows:

    “4.7 Review Hearing. The defendant’s first annual progress review hearing is scheduled for _______________________________ [date]. RCW 9.94A.670(7)(b).”

To implement Laws of 2007, ch. 483, § 305(2), change paragraph 5.5, as indicated:

    “5.5 Community Custody Violation.

(a) If you are subject to a first or second violation hearing and DOC finds that you committed the Anyviolation, of this Judgment and Sentence is punishable by you may receive as a sanction up to 60 days of confinement per violation. RCW 9.94A.634.

    (b) If you have not completed your maximum term of total confinement and you are subject to a third violation hearing and DOC finds that you committed the violation, DOC may return you to a state correctional facility to serve up to the remaining portion of your sentence. RCW 9.94A.737(2).”

In paragraph 5.7, “Sex and Kidnapping Offender Registration:”

In paragraph 5, delete “(Effective September 1, 2006),” and “If you are enrolled on September 1, 2006, you must notify the sheriff immediately.”

Change to “Additional Current Offenses, Criminal History and Current Offense Sentencing Data (Appendix 2.1, 2.2 and 2.3, Judgment and Sentence):”

To implement SSB 5718 § 9(9), below the table in paragraph 2.3, insert the following new enhancement abbreviation:

    “(SCF) Sexual Conduct with a child for a fee, RCW 9.94A.533(9).”

B.

“DUI” Attachment
 

This is a new attachment drafted to assist the courts in implementing Laws of 2006, ch. 73, § § 1, 2, 3 and 4.

C.

Domestic Violence No-Contact Order
 

On page 2, under “It is Further Ordered,” insert the following as the second check box option:

    “☐ The appropriate law enforcement agency shall at a reasonable time and for a reasonable duration assist the defendant in obtaining personal belongings located at: __________________________________________________________.”

D.

DOSA Forms
 

Order to Report to Residential Treatment Center Pursuant to DOSA Sentence

This is a new form. This packet also includes two documents containing directions to Pioneer DOSA West and American Behavioral Health Systems and reporting instructions.

Order for DOSA Pre-Sentence Examination per RCW 9.94A.660

This is a new form.

E.

Instructions for Obtaining a Certificate of Discharge
 

Laws of 2007, ch. 171 (HB 1431), § 1 amends RCW 9.94A.637(2) relating to the certificate of discharge:

    “(2) Every signed certificate and order of discharge shall be filed with the county clerk of the sentencing county. In addition, the court shall send to the department a copy of every signed certificate and order of discharge to the auditor for the county in which the court resides and to for offender sentences under the authority of the department. The department shall create and maintain a data base containing county clerk shall enter into a database maintained by the administrator for the courts the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.”

To implement this new language, consider the following addition to paragraph 10 in the instructions for obtaining a certificate of discharge:

    “10.) After the Superior Court Judge has signed your Certificate and Order of Discharge, you must file the original with the County Clerk/Department of Judicial Administration of the sentencing county and if you wish to register to vote, you may need to give a copy to the County Auditor. You may wish to obtain a copy for your personal records. The County Clerk/Department of Judicial Administration will charge you all applicable copying fees.”

  

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