|
In paragraph 4(a), delete “that.”
In paragraph 5 heading, delete “All.”
In paragraph 5(a), after “crime” change “is alleged to have been committed” to “was allegedly committed.”
Change paragraph 5(e) as follows:
“I am presumedThe right to be presumed innocent unless the State proves the charge is proven beyond a reasonable doubt or I enter a plea of guilty;”
Laws of 2009, ch. 375 changed community custody ranges to community custody terms. To implement this change, in the table in paragraph 6(a),
Change the column title “Community Custody Range” to “Community Custody,” and delete the information in parentheses.
Also in the table, delete the column “Total Actual Confinement” and add the following new text below the table:
“Each sentencing enhancement will run consecutively to all other parts of my entire sentence, including other enhancements and other counts. The enhancement codes are:…”
In paragraph 6(f) For crimes committed prior to July 1, 2000, in the first sentence change “community supervision” to “community custody.” In the second and third sentences change “community placement” to “community custody.” In the fourth and fifth sentences, delete “community supervision” and “community placement.” Also in the fourth sentence, change the phrase “may be as long as” to “may be longer than.”
Laws of 2009, ch. 375, as mentioned above, changed community custody ranges to community custody terms. Laws of 2009, ch. 375, § 9 requires the Department of Corrections to recalculate the term of community custody. And, Laws of 2009, ch. 375, § 20 contains a retroactive clause. In recognition that some litigants may argue that the courts cannot retroactively apply the community custody term in all cases, and to preserve the argument until the courts resolve the issue, make the following change:
Below the paragraph beginning with “For crimes committed prior to July 1, 2000,” insert the following new check box option:
“[ ] For offenses committed after July 1,2000 but prior to July 26, 2009, the court may impose a community custody range as follows: for serious violent offenses, 24 to 36 months; for crimes against persons, 9 to 12 months; for offenses under 69.50 and 69.52, 9 to 12 months.”
In paragraph 6(f) For crimes committed on or after July 1, 2000, change “…36 to 48 months..” to “..36 months…;” change “…for the community custody range established…” to “…for the term established;” and change “..then the community custody range…” to “…then the community custody term.”
In the table, change the column heading “Community Custody Range” to “Community Custody Term.” Below that column change the ranges to terms as follows:
“Serious Violent Offenses 24 to 4836 months or up to the period of earned release, whichever is longer
Violent Offenses 18 to 3618 months or up to the period of earned release, whichever is longer.
Crimes Against Persons as defined 9 to 1812 months or up to the period of earned 9.94A.411(2) release, whichever is longer.
Offenses under Chapter 69.50 or 9 to 12 months or up to the period of earned
69.52 RCW (not sentenced release, whichever is longer.
under RCW 9.94A.660)”
and add the following information as the last row in the table:
“Offenses involving the unlawful 12 months
possession of a firearm where the
offender is a criminal street gang
member or associate”
In paragraph 6(h), in the first paragraph, change “there is a finding of” to “it finds.” In the last sub-paragraph, delete “contested” after “exceptional sentence after a” and before “hearing.”
Change paragraph 6(l) as follows:
Change the instructions for the paragraphs relating to specific crimes as follows:
“Notification Relating to Specific Crimes: If any of the following paragraphs DO NOT APPLY, They Should Be Strickencounsel and the defendant shall strike them out. The and Initialed by the defendant and the judge should shall initial all paragraphs that DO APPLY.”
Add a line in front of the rest of the sub-paragraphs in paragraph (6).
In paragraph 6(n), add quotation marks around “strike.”
In paragraph 6(o), delete “supervision if the crime was committed prior to July 1, 2000, or up to two years of community custody if the crime was committed on or after July 1, 2000,” and replace it with “custody.”
Change paragraph 6(p) as follows:
“If this crime involves a kidnapping offense involving a minor, including unlawful imprisonment involving a minor who is not my child, I will be required to register where I reside, study or work. The specific registration requirements are set forth in the “Offender Registration” Attachment.”
Laws of 2009, ch. 289 modified RCW 9.94A.660 relating to the drug offender sentencing alternative. To implement the changes, in paragraph 6(s), change the second sentence as follows:
“Eveni If I qualify and the judge is considering a residential chemical dependency treatment-based alternative, the judge may order that I be examined by a licensed or certified treatment providerDOC before deciding to impose a DOSA sentence.”
In paragraph 6(s), in the sub-paragraph beginning with “If the judge imposed the prison-based alternative,” in the last sentence, delete “…at least…”
Still in paragraph 6(s), in the sub-paragraph beginning with “As part of this sentencing…” change the citation at the end to “RCW 9.94A.701.”
Change paragraph 6(w) to:
“I understand that RCW 46.20.285(4) requires that my driver’s license be revoked if the judge finds I used a motor vehicle in the commission of this felony.”
In paragraph 6(z) insert the following as the second sentence:
“This law does not apply to crimes committed on or after July 24, 2005, by a juvenile who was tried as an adult after decline of juvenile court jurisdiction.”
Change paragraph 6(dd) to:
“If I am pleading guilty to (1) unlawful possession of a firearm(s) in the first or second degree and (2) felony theft of a firearm or possession of a stolen firearm, I am required to serve the sentences for these crimes consecutively to one another. If I am pleading guilty to unlawful possession of more than one firearm, I must serve each of the sentences for unlawful possession consecutively to each other.”
Below the Prosecuting Attorney and Defendant’s Lawyer signature lines, after “The” and before “foregoing” insert “defendant signed the.” Delete “was signed by the defendant” after “statement” and before “in open court.”
Change the Interpreter’s Declaration as follows:
“Interpreter’s Declaration: I am a certified interpreter or have been found otherwise qualified by the court to interpret in the _________________________________ language,. which the defendant understands, and I have translated interpreted this document for the defendant from English into that language. The defendant has acknowledged his or her understanding of both the translation and the subject matter of this document. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.”
| 
