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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: AMENDMENTS TO CrR 4.2(g) AND JuCR 7.7 GUILTY PLEA FORMS AND OFFENDER REGISTRATION ATTACHMENTS
On July 11, 2007, the Washington State Supreme Court adopted amendments to the CrR 4.2(g) statements of defendant on plea of guilty, the JuCR 7.7 “Statement on Plea of Guilty” and the “Offender Registration” Attachments. The amendments become effective when they are published in the Official Advance Sheets, Washington Reports, 160 Wn.2d No. 5. The anticipated publication date is July 31, 2007. The table, below, contains descriptions of the amendments, which are based upon 2006 and 2007 legislation and other suggested changes:
A.
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CrR 4.2(g) Statement of Defendant on Plea of Guilty to Non-Sex Offense
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Laws of 2007, ch. 483, § 305(2) states that when an offender is found to have committed a community custody violation at his or her third violation hearing, DOC shall return the offender to total confinement in a state correctional facility to serve up to the remaining portion of his or her sentence, unless, returning to total confinement in a state correction facility would substantially interfere with the offender’s ability to maintain necessary community support or to participate in necessary treatment or programming and would substantially increase the offender’s likelihood of reoffending. To implement the new provisions the following paragraph should be added to the end of paragraph 6(f):
“If I have not completed my maximum term of total confinement and I am subject to a third violation hearing and the Department of Corrections finds that I committed the violation, the Department of Corrections may return me to a state correctional facility to serve up to the remaining portion of my sentence.”
Based upon RCW 46.61.5055 (see Laws of 2006, ch. 73 § 3), in paragraph 6[x], the citation RCW 46.61.5055(8) should be changed to RCW 46.61.5055(13).
Laws of 2006, ch. 73, § 1 amends RCW 46.61.502 by adding a new subsection 6:
(6) It is a class C felony punishable under chapter 9.94A RCW, or
chapter 13.40 RCW if the person is a juvenile, if: (a) The person has
four or more prior offenses within ten years as defined in RCW
30 46.61.5055; or (b) the person has ever previously been convicted of vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), or vehicular assault while under the influence of intoxicating liquor or any drug,
RCW 46.61.522(1)(b).
Laws of 2006, ch. 73, § 2 makes a similar change to RCW 46.61.504, relating to physical control of a vehicle while under the influence of intoxicating liquor or any drug. (RCW 46.61.504(6):
(6) It is a class C felony punishable under chapter 9.94A RCW, or
chapter 13.40 RCW if the person is a juvenile, if: (a) The person has
four or more prior offenses within ten years as defined in RCW
46.61.5055; or (b) the person has ever previously been convicted of
vehicular homicide while under the influence of intoxicating liquor or
any drug, RCW 46.61.520(1)(a), or vehicular assault while under the
influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b).
Laws of 2006, ch. 73, § 3 makes a similar change to RCW 46.61.5055 by adding a new subsection (4):
(4) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has four or more prior offenses within ten years, or who has ever previously been convicted of a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug or RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug, shall be punished in accordance with chapter 9.94A RCW.
Laws of 2006, ch. 73, § 4 adds the following new section to chaper 9.94A RCW:
(1) When sentencing an offender convicted of a violation of RCW 46.61.502(6) or 46.61.504(6), the court, in addition to imposing the provisions of this chapter, shall order the offender to undergo alcohol or chemical dependency treatment services during incarceration. The offender shall be liable for the cost of treatment unless the court finds the offender indigent and no third-party insurance coverage is available.
(2) The provisions under RCW 46.61.5055 (8) and (9) regarding the suspension, revocation, or denial of the offender's license, permit, or nonresident privilege to drive shall apply to an offender convicted of a violation of RCW 46.61.502(6) or 46.61.504(6).
(3) The provisions under RCW 46.20.720 and 46.61.5055(5) regarding ignition interlock devices shall apply to an offender convicted of a violation of RCW 46.61.502(6) or 46.61.504(6).
To implement Laws of 2006, ch. 73 §§ 1 – 4, add the following new paragraph 6[y]:
“[y] If this crime is felony driving under the influence of intoxicating liquor or any drugs, or felony actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, in addition to the provisions of chapter 9.94A RCW, I will be required to undergo alcohol or chemical dependency treatment services during incarceration. I will be required to pay the costs of treatment unless the court finds that I am indigent. My driving privileges will be suspended, revoked or denied and following the period of suspension, revocation or denial, I must comply with ignition interlock devise requirements.”
The remaining paragraphs are renumbered.
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B.
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CrR 4.2(g) Statement of Defendant on Plea of Guilty to Sex Offense
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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 SSB 5718 § 9(9), below the table in paragraph 6(a), the following new enhancement abbreviation should be:
In paragraph 6(f) (ii), in the fourth line, after “over one year” and before “the judge,” insert “or if my crime is failure to register as a sex offender…”
To implement Laws of 2007, ch. 483, § 305(2), mentioned in section A, and other provision in RCW 9.94A.737, the following new section should be inserted at the end of paragraph 6(f):
“Community Custody Violation:
If I am subject to a first or second violation hearing and the Department of Corrections finds that I committed the violation, I may receive as a sanction up to 60 days of confinement per violation. If I have not completed my maximum term of total confinement and I am subject to a third violation hearing and the Department of Corrections finds that I committed the violation, the Department of Corrections may return me to a state correctional facility to serve up to the remaining portion of my sentence.”
Also to implement Laws of 2007, ch. 368, § 9(9), mentioned above, the following should be added as a new check box option “6[x]:”
“For crimes committed on or after July 22, 2007: I understand that if the offense(s) I am pleading guilty to are rape of a child in the first, second, or third degree or child molestation in the first, second or third degree, and I engaged, agreed, or offered to engage the victim in sexual intercourse or sexual contact for a fee, or if I attempted, solicited another, or conspired to engage, agree or offer to engage the victim in sexual intercourse or sexual contact for a fee, then a one-year enhancement shall be added to the standard sentence range. If I am pleading guilty to 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.”
The remaining paragraphs are renumbered.
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C.
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CrR 4.2(g) “Offender Registration” Attachment
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In paragraph 5, delete “(Effective September 1, 2006),” and “If you are enrolled on September 1, 2006, you must notify the sheriff immediately.”
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D.
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JuCR 7.7 Statement on Plea of Guilty
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Laws of 2007, ch. 203, §1 amends RCW 13.40.210(4) by adding a new subsection (b):
(b) The secretary may modify parole and order any of the conditions or may return the offender to confinement for up to twenty-four weeks if the offender was sentenced for a sex offense as defined under RCW 9A.44.130 and is known to have violated the terms of parole. Confinement beyond 30 days is intended to only be used for a small and limited number of sex offenders. It shall only be used when other graduated sanctions or interventions have not been effective or the behavior is so egregious it warrants the use of the higher level intervention and the violation: (i) is a known pattern of behavior consistent with a previous sex offense that puts the youth at high risk for reoffending sexually; (ii) consists of sexual behavior that is determined to be predatory as defined in RCW 71.09.020; or
(iii) requires a review under chapter 71.09 RCW, due to a recent overt act. The total number of days of confinement for violations of parole conditions during the parole period shall not exceed the number of days provided by the maximum sentence imposed by the disposition for the underlying offense pursuant to
RCW 13.40.0357. The department shall not aggregate multiple parole violations that occur prior to the parole revocation hearing and impose consecutive 24-week periods of confinement for each parole violation. The department is authorized to engage in rule making pursuant to chapter 34.05 RCW, to implement this subsection, including narrowly defining the behaviors that could lead to this higher level intervention.
To implement RCW 13.40.210(4)(b), in paragraph 7, modify the first paragraph under “[ ] Juvenile Rehabilitation Administration (JRA) Commitment” by adding the following new sentence at the end:
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E.
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JuCR 7.7 “Offender Registration” Attachment
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In paragraph 5, delete “(Effective September 1, 2006),” and “If you are enrolled on September 1, 2006, you must notify the sheriff immediately.”
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