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Judgment and Sentence
Paragraph 2.1, Current Offense(s): RCW 9.94A.518,
containing Table 4, Drug Offenses Included within each Seriousness Level,
became effective July 1, 2003. The type of drug involved in an offense
impacts the seriousness level and proper calculation of the offender score
and the sentence. The Sentencing Guidelines Commission requested that the
list of current offenses in paragraph 2.1 include the type of drug involved
in the offense. To provide this information the following parenthetical
phrase was added below the Current Offense(s) table in paragraph 2.1, both on
page 1 of the judgment and sentence and on Appendix 2.1:
(If the crime is a drug offense,
include the type of drug in the second column.)
In paragraph 2.1, below the Current Offense(s) table, the
2003 Session Law citations in the third and fourth check box options were
deleted and replaced with: “9.94A.533.”
Laws of 2004, ch. 15 (SSB 6384) §, 2 adds a new section to
chapter 10.99 RCW, which provides in relevant part:
All superior courts, and courts
organized under Title 3 or 35 RCW, may impose a penalty assessment not to
exceed one hundred dollars on any person convicted of a crime involving
domestic violence. The assessment shall be in addition to, and shall not
supersede, any other penalty, restitution, fines, or costs provided by law.
To implement this new provision, the following line was
inserted in paragraph 4.1, after “Victim assessment” and before “Court
costs…:”
$__________Domestic Violence
assessment Laws of 2004, ch. 15 § 2.
Paragraph 4.1: The second to last check box option,
copied below, was deleted:
The defendant shall pay the costs
of services to collect unpaid legal financial obligation. RCW 36.18.190 and
RCW 9.94A.780(5).
In paragraph 4.5 Confinement Over One Year, the following
check box option was inserted after the subparagraph beginning with “Actual
number of months….” and before the subparagraph beginning with “All counts
shall be served….:”
“[ ] The confinement time on
Count(s) ______ contain(s) a mandatory minimum term of _____.
Laws of 2004, ch. 166 (E2SSB 6358) § 11 added the
following new section to chapter 9.94A. RCW:
When any person is convicted in a
superior court, the judgment and sentence shall include a statement that if
the offender is or becomes subject to court-ordered mental health or chemical
dependency treatment, the offender must notify the department and the
offender’s treatment information must be shared with the department of
corrections for the duration of the offender’s incarceration and
supervision. Upon a petition by an offender who does not have a history of
one or more violent acts, as defined in RCW 71.05.020, the court may, for
good cause, find that public safety is not enhanced by the sharing of this
offender’s information.
To implement this section, the following new paragraph 5.9
was added to section “V. Notices and Signatures”:
5.9 If the defendant is or
becomes subject to court-ordered mental health or chemical dependency treatment,
the defendant must notify DOC and the defendant’s treatment information must
be shared with DOC for the duration of the defendant’s incarceration and
supervision. Laws of 2004, ch. 166 § 11.
Section “Identification of Defendant”: “SSN” was deleted from
the “Identification of Defendant” section of the judgment and sentence form.
The Social Security Number is a restricted number and should not appear on
publicly accessible court documents.
“Additional Current Offenses, Criminal History and Current
Offense Sentencing Data (Appendix 2.1, 2.2 and 2.3, Judgment and Sentence):
Pursuant to the earlier discussion, the following was added immediately below
the current offense table:
(If the crime is a drug offense,
include the type of drug in the second column.)
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