SID:  Include the SID number in the caption and the “Identification of Defendant” section of the Judgment and Sentence form.  If the offender does not have an SID number, use the offender’s date of birth.  The SID number is used by several state agencies to link an offender to judgment and sentence data.  The Caseload Forecast Council (CFC) used to obtain data for its purposes from the Department of Corrections (DOC), but after recent statutory changes, DOC no longer maintains records of all felony sentences.  The CFC now relies upon the Sentencing Guidelines Commission (SGC) for complete felony sentencing data.  The SGC data cannot be accessed without an SID number.

Title

NAMES.  Whenever a party or attorney is identified in the form, actual names may be substituted or added.  For example, in paragraph 1.1 the form refers to the “defendant, defendant’s attorney,” etc., being present at the sentencing hearing.  Local jurisdictions may want to modify the form to read: “the defendant, _________, the defendant’s attorney, ________,” etc., so there is space to write in these names.  The form was designed to omit names in order to minimize the number of blanks to be completed since those names appear at the signature page.  It is important that the lawyers’ names are clearly set forth in the Judgment and Sentence form.  A place to print the names is provided below the signature line on page 6.

1.1

EXTENSIONS.  If more space is needed in the CURRENT OFFENSE, CRIMINAL HISTORY, or SENTENCING DATA charts, local jurisdictions may either use the appendices 2.1, 2.2, 2.3, or, if the form is on a word processor, simply extend the charts in the main body of the form.  The use of the enclosed box format in the form to present this information is optional, though the necessary information should be presented in a similar style.

2.1

2.2

2.3

CRIME CODE AND INCIDENT NUMBER.  Some jurisdictions use crime codes and incident numbers while other jurisdictions do not.  These designations may be added under “CRIME” in the CURRENT OFFENSE chart.

2.1

CRIME--MISDEMEANOR AND GROSS MISDEMEANOR.  If a non-felony crime is included among the list of felonies in the Judgment and Sentence, an obvious notation should be made to draw attention to that fact.  This situation would arise where a defendant is convicted of three felony counts and one gross misdemeanor count and all charges are dealt with on the same Judgment and Sentence form.

If the form is used in a given case for all non-felony counts, an obvious notation should be made near the title of the form.  The State Patrol places the data entry of a non-felony judgment on a lower priority than a felony conviction.

2.1

ADDITIONAL CURRENT OFFENSES SET FORTH IN ATTACHMENT.  Jurisdictions may add a check box indicating that additional current offenses are attached in an appendix, if it reflects local practice.  However, when the form is being completed on a word processor, if there are more than three current offenses, the additional offenses may simply be added directly to the body of the form by adding more space.  As a local option, jurisdictions may add this language directly below the box for Count, Crime, etc.:

            [ ] Additional current offenses are attached in Appendix 2.1.

2.1

ADDITIONAL SPECIAL FINDINGS.  The special finding for a persistent offender is set forth on a separate sentencing page. 

A special finding for crimes committed in jail or prison may be added to the form (on the bottom of page 1), as follows:

[  ] The offense in Count(s) ___________ was committed in a county jail or state correctional facility. RCW 9.94A.510(5).

A special finding for aggravated first degree murder may be added to the form (on bottom of paragraph 2.1), as follows:

[  ] A special verdict/finding determining aggravating circumstances was returned on Count(s) _______________, as follows:________________

_________________________________________________________.

            RCW 10.95.020.

The aggravating circumstances are set forth at RCW 10.95.020 and may be cited directly.  For example, a completed special finding might look like this:

[X] A special verdict/finding determining aggravating circumstances was returned on Counts I, II, and III, as follows: Count III was committed to protect or conceal the identity of a person committing the crime, RCW 10.95.020(9); as to Counts I and II, there was more than one victim and each murder was part of a common scheme or plan, RCW 10.95.020(10).

2.1

TYPE OF CRIME.  Found at the right-hand column of the chart in section 2.2, Criminal History, there are abbreviations from the Sentencing Guidelines Commission to indicate the nature of the crime.  For example, V means “violent,” SV means “serious violent,” and Sex means “sex offense.”  These codes can be combined.  For example, VSex means a violent sex offense.

2.2

SENTENCING DATA - SENTENCING ENHANCEMENTS.  Any sentencing enhancements should be included in the computation of the standard range.  For example, if the standard range for the crime is 12 to 14 months, and there is a 12-month enhancement, the standard range written in the chart should be 24 to 26 months.

2.3

PAYMENTS.  Local jurisdictions may preprint on the appropriate line, the dollar amount of standard assessments, such as the victim assessment ($500) and criminal filing fee ($110).

The subcategories under court costs may be deleted by local option so that only the sum total of the court costs would be stated.  This allows for faster completion of the form by deputies in the courtroom.  Alternatively, the subcategories for court costs can be moved into the main column and the court costs line deleted.  The greater detail concerning court costs is helpful to the county clerks in entering accounting data.  The reference to “JASS Codes” is to an accounting system used by the courts.  The JASS Codes have no impact whatsoever on sentencing.

By local option, the following court cost subcategory and JASS Code may be added to paragraph 4.1.

MTH    $          Meth/Amphetamine Cleanup Fine, $3000. RCW 69.50.440, 69.50.401(a)(1)(ii).

BKF     $____________ Jail booking fee, RCW 70.48.390.

4.1

RESTRAINING ORDERS.  If a regular no-contact order is included in the Judgment and Sentence form, no clerk’s action is required. 

Clerk’s action is required if the no-contact order is also a domestic violence or harassment no-contact order, as indicated by the check boxes.  A separate order is provided for a Domestic Violence No-Contact Order and a Harassment No-Contact Order.

The clerk should input the Domestic Violence  No-Contact Order or Harassment No-Contact Order into the JIS system and photocopy the order and forward it to the specified law enforcement agency for entry into the computer system to list outstanding warrants.  The clerk should also forward the law enforcement information sheet which the prosecutor or victim must complete.  (See RCW 26.50.160.)

4.3

UNUSUAL FACT SITUATIONS.  The Judgment and Sentence form was designed to address most situations.  Occasionally the circumstances of a particular case may require some modification in the form.  For example, in section 4.3, setting forth the no-contact provisions, there may need to be some modification if there is more than one victim and only one of the victims would qualify for the domestic violence designation.  Modifications to address individual fact situations may be made but should be kept within the overall framework of the form.

4.3

DEPORTATION.  By local option the form may provide for advance approval by the judge and prosecutor of deportation in lieu of confinement.  Under the statute, RCW 9.94A.685, the sentencing court may require illegal aliens, in specified circumstances, to serve some or no period of time in state correctional facilities and then order deportation without additional confinement to the defendant’s country of nationality.  The following language is suggested for inclusion at either: (a) paragraph 4.5, Other, or (b) as an optional appendix:

   DEPORTATION.  If the defendant is found to be a criminal alien eligible for release to and deportation by the United States Immigration and Naturalization Service subject to arrest and reincarceration in accordance with law, then the undersigned Judge and Prosecutor consent to such release and deportation prior to the expiration of the sentence.  RCW 9.94A.685.

4.4

CONFINEMENT.  The form is designed to prompt the court to make findings where required by law.  For example, if restitution is appropriate, but is not ordered, section 2.5 calls for a statement of extraordinary reasons why it is not ordered.  However, not all situations calling for findings have been highlighted.  Note that imposition of a consecutive, rather than concurrent, sentence may require findings and conclusions for an exceptional sentence.  See State v. Smith, 74 Wn. App. 844 (1994).

4.5(A)

CONFINEMENT.  Courts may use the following language when imposing confinement to be served consecutively or concurrently with other sentences already imposed. 

The term(s) of confinement (sentence) imposed herein shall be served consecutively to any other term of confinement (sentence) which the defendant may be sentenced to under any other cause in either district court or superior court unless otherwise specified herein: ________________________________.

4.5(A)

4.5 SPECIAL DRUG OFFENDER SENTENCING ALTERNATIVE.  Effective for sentences imposed on or after October 1, 2005, the court may sentence a defendant to serve a prison-based alternative or to serve a residential chemical dependency treatment-based alternative.  As part of the residential chemical dependency treatment-based alternative, the court is required to schedule a treatment termination hearing three months before the expiration of the term of community custody.  RCW 9.94A.660(6)(a).  Paragraph 4.5(B)(3) of the Special Drug Offender Sentencing Alternative contains the following sentence referring to the treatment termination hearing:

            A treatment termination hearing is scheduled for three months before the expiration of the term of community custody, on _____________ (date), or to be set later. 

Entering a specific date for the treatment termination hearing is optional and at the discretion of the local court.  If no date is set in the judgment and sentence, the court will have to set a date three months before the expiration of the term of community custody by separate order.

4.5
(B)(3)

OTHER PREPRINTED INFORMATION.  Information pertinent to local jurisdictions should be added to appropriate sections, as follows:

NAMES AND ADDRESSES.  The name of the county can be printed on the header of the form and each appendix.  Under the sentencing option for Community Supervision in section 4.6, local jurisdictions may preprint the address of the appropriate Department of Corrections office where the defendant must report to a community corrections officer.  Note also, on the Identification of Defendant page, local jurisdictions can preprint the name of the county clerk in the paragraphs for certification of copies and attestation of fingerprints.

PROSECUTOR’S NAME.  Local jurisdictions may print the name and address of the prosecuting attorney on the form.  Typically, this information would appear on the bottom right corner of each page of pleading paper.  Some jurisdictions prefer to print the prosecutor’s name on the left-hand margin, with the type aligned vertically, in order to save space in the main body of the page.

LINE NUMBERING.  By local option, local jurisdictions may print line numbering on the left-hand margin.

CLERK’S ACTION.  Beneath the title of the form “Judgment and Sentence” there are four check boxes for different types of sentencing alternatives.  Check boxes may be added to help notify the clerk’s office they need to take some action, for example:

            [X] Clerk’s action required, firearms rights revoked para. 5.6

4.6, etc.

N/A

N/A

Title

COMMUNITY PLACEMENT OR COMMUNITY CUSTODY.  Paragraph 4.6, regarding community placement or community custody  in a sentence with confinement over one year (prison), was revised to include check box options to indicate whether the defendant is ordered to serve community placement, community custody under RCW 9.94A.712 or a range of community custody.  Select the relevant check box and write in the count(s) for which community placement or community custody is ordered.  The brackets in the first paragraph after the check box options contain statutory references and a brief description of community placement and community custody range offenses.  The remainder of paragraph 4.6 refers to both community placement and community custody conditions, except when community custody is specifically mentioned.

4.6

COMMUNITY PLACEMENT OR COMMUNITY CUSTODY.  (Continued)

In light of recent Division One unpublished opinions interpreting State v. Broadaway, 133 Wn.2d 118, 942 P.2d 363 (1997) and State v. Nelson, 100 Wn. App. 226, 996 P.2d  651 (2000) to require the court to be aware of the maximum earned release period, local jurisdictions within Division One of the Court of Appeals may want to consider revising the phrase below the check box options for community placement and community custody, as follows:

“…or for the period of earned release awarded determined by DOC pursuant to RCW 9.94A.728(1) and (2) which may be up to ___________ months, whichever is longer, and standard mandatory conditions are ordered...”

4.6

COMMUNITY [ ] SUPERVISION [ ] CUSTODY.  For the first-time offender waiver sentencing alternative and for a sentence of one year or less, the court must impose a term of community supervision for an offense that was committed before July 1, 2000.  Beginning July 1, 2000, the court must impose a term of community custody.  The Judgment and Sentence contains check box options for community supervision and community custody, so the court can select the option that applies to the case.

4.6

COMMUNITY CUSTODY UPON REVOCATION OF SSOSA SENTENCES.  The practice in some counties is to impose conditions of community custody at the time of sentencing on a Special Sex Offender Sentencing Alternative (note that previous to June 8, 1996, SSOSA sentences had community placement).  The practice in other counties is to impose conditions of community custody at the time of revocation of the suspended sentence.  Each county may choose the option it desires.  The standard form reflects the latter practice.  Those counties imposing conditions of community custody at the time of original sentencing may modify the SSOSA page of the form accordingly, such as by including a statement on the SSOSA sentencing page (as the last line of 4.5(a), just before (b) begins) that conditions of community custody are set forth in an appendix. See, e.g., State v. Daniels, 73 Wn. App. 734, 871 P.2d 634 (Div. III, 1994).

4.6

ADDITIONAL TERM OF COMMUNITY CUSTODY UPON FAILURE TO COMPLETE OR TERMINATION FORM ALTERNATIVE PROGRAM.  Local jurisdictions within Division One of the Courts of Appeals may want to modify paragraph 4.8, Special Drug Offender Sentencing Alternative.  In the first sentence, change the text after the colon as follows:

"Defendant shall serve Community Custody for a range from ____________ to ____________ months, or for the period of earned release determined by DOC pursuant to RCW 9.94A.728(1) and (2) which may be up to _____________months, whichever is longer in community custody."

See the section regarding, paragraph 4.6, COMMUNITY PLACEMENT OR COMMUNITY CUSTODY, above, for more information regarding this change.

4.8

LENGTH OF SUPERVISION.  In paragraph 5.2, the Judgment and Sentence provides notice that for an offense committed prior to July 1, 2000, the court’s supervision extends up to 10 years unless the court extends the criminal judgment an additional 10 years.  For an offense committed on or after July 1, 2000, the court retains jurisdiction for purposes of the offender’s compliance with payment of legal financial obligations until the obligation is completely satisfied.  Pursuant to RCW 9.94A.753(6), if the crime involves Rape of a Child in the first, second or third degree, and a pregnancy results, the court can impose child support and costs of birth as restitution.  The court’s jurisdiction extends for up to 25 years.  The following language should be inserted at paragraph 5.2 in appropriate cases:

5.2       LENGTH OF SUPERVISION.  This crime involves Rape of a Child in which the victim became pregnant.  The defendant shall remain under the court’s jurisdiction until the defendant has satisfied support obligations under the superior court or administrative order, up to a maximum of 25 years following defendant’s release from total confinement or 25 years subsequent to the entry of the Judgment and Sentence, whichever period is longer.

5.2

OFFENDER REGISTRATION SUMMARY:  The Pattern Forms Committee considered adopting a summary of the sex offense and kidnapping offense registration requirements in paragraph 5.7 for use as a local option.  The Pattern Forms Committee decided not to approve the summary as a local option because of the requirement in RCW 10.01.200 for the court to provide written notification of the registration requirements in the Judgment and Sentence form and because of the possible ground for appeal based upon inadequate notice.

5.7

FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR AN EXCEPTIONAL SENTENCE, APPENDIX 2.4 JUDGMENT AND SENTENCE:  No mandatory form is developed.  There are two optional forms.

App. 2.4

CHANGES IN THE LAW.  The form was designed to reflect the law applicable to most situations.  Occasional revisions may need to be made in individual cases because a different law applies.  For example, in some cases different consequences flow from crimes committed before or after certain dates.  The law for the Special Sexual Offender Sentencing Alternative depends on the date of commission of a crime.  Local jurisdictions may make such necessary modifications within the structure of the uniform form.

N/A

DELETIONS.  Portions of the Judgment and Sentence that do not apply to a particular case may be deleted as long as the paragraph numbering and order is maintained.  If the entire text of a numbered section is eliminated, the numbering of subsequent paragraphs should be maintained nevertheless.  The deletion of a paragraph or section may be noted with the abbreviation for “not applicable”(N/A).  Practitioners are encouraged to keep the Judgment and Sentence used in each case as short as possible.

N/A

ADDITIONAL APPENDICES.  Local jurisdictions will need to include additional appendices with the Judgment and Sentence form.  For example, the following procedures are not provided for in the Judgment and Sentence form: 

            1.  Warrant of commitment;

            2.  Exoneration of bail (and applying bail to legal financial obligations);

            3.  Additional conditions of community placement;

            4.  Restitution schedule (referred to as appendix 4.1 in the Judgment and

                 Sentence, page 4, second box from bottom); and

5.    Motion and Order revoking SSOSA suspended sentence for violation of conditions of sentence (and imposing conditions of community custody).

N/A

JUDGMENT OF ACQUITTAL.  Included for convenience is a suggested form for a judgment of acquittal.  This form, which is optional, would be used when the defendant is found not guilty on all charges.  If the defendant is found not guilty on some charges and guilty on others, the not-guilty verdict can be entered in the main Judgment and Sentence form at section 3.3.

N/A