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Laws of 2006, ch. 122, § 1(1) authorizes the prosecuting
attorney to file a special allegation that an offense was predatory. Laws of
2006, ch. 122, § 1(2) then directs the jury to find a special verdict or the
court to make a finding of fact that the offense was predatory.
To implement Laws of 2006, ch. 122, § 1(2), in paragraph
2.1, insert the following as the second check box option in the list of
findings and special verdicts:
[ ] A special verdict/finding that
the offense was predatory was returned on Count(s) ________. RCW 9.94A.___.
Laws of 2006, ch. 122, § 2, creates the special verdict/finding
that a victim is under the age of 15 at the time of the offense.
To implement this new section, in paragraph 2.1, insert
the following as the third check box option in the list of findings and
special verdicts:
[ ] A
special verdict/finding that the victim was under 15 years of age at the time
of the offense was returned on Count(s) _____________ RCW 9.94A.____.
Laws of 2006, ch. 122, § 3, creates the special verdict/finding
that, at the time of the offense, the victim was developmentally disabled,
mentally disordered, or a frail elder or vulnerable adult.
To implement this new section, in paragraph 2.1, insert
the following as the fourth check box option in the list of findings and
special verdicts:
[ ] A special verdict/finding that the
victim was developmentally disabled, mentally disordered, or a frail elder or
vulnerable adult at the time of the offense was returned on Count(s)
___________ RCW 9.94A.___, 9A.44.010.
Also in paragraph 2.1, in the list of findings and special
verdicts:
a. Move the following special verdict/finding from its
current location and place it as the fifth check box option:
[ ] A special verdict/finding of
sexual motivation was returned on Count(s) ______RCW 9.94A.835.
b. Move the following special verdict/finding from its
current location and place it as the sixth check box option:
[ ] This case involves kidnapping
in the fist degree, kidnapping in the second degree, or unlawful imprisonment
as defined in chapter 9A.40 RCW, where the victim is a minor and the offender
is not the minor’s parent. RCW 9A.44.130.
c. In the check box option for “A special verdict/finding
for Violation of the Uniform Controlled
Substances Act,” insert “(VUCSA)” immediately
after the name of the act.
Laws of 2006, ch. 123, § 1 amends RCW 9.94A.533 by adding
a new subsection (8), which creates a new sexual motivation enhancement.
To implement Laws of 2006, ch. 123, § 1(8)(a), add the following
enhancement abbreviation to the end of the enhancements listed below the
Sentencing Data table in paragraph 2.3:
(SM) Sexual motivation, RCW
9.94A.533(8).
Paragraph 4.3: Pursuant to Laws of 2006, ch. 138, §
16(6), upon conviction of a sex offense as defined in RCW 9.94A.030, any
violation of RCW 9A.44.096 or any violation of RCW 9.68A.090 (or gross
misdemeanor attempt to commit under chapter 9A.28), any condition of sentence
restricting the defendant’s ability to contact the victim must be recorded as
a sexual assault protection order, with a separate order. To implement this
new provision, change paragraph 4.3 as follows:
[ ] Domestic
Violence No-Contact Order, or Antiharassment No-Contact Order,
or Sexual Assault Protection Order
is filed with this Judgment and Sentence.
Pursuant to Laws of 2006, ch. 138, § 16(2)(a), a
pre-conviction sexual assault protection order may include a condition of
release that the defendant submit to electronic monitoring. Upon conviction,
the court may order the defendant to reimburse the providing agency for the
costs of the electronic monitoring.
To implement this new optional cost, add the following
check box option to paragraph 4.3:
[ ] The
defendant is ordered to reimburse ________________ (name of electronic
monitoring agency) at __________________________, for the cost of pretrial
electronic monitoring, in the amount of $______.
In Confinement Over One Year, in
paragraph 4.5(a), make the following changes:
Laws of 2006, ch. 123, § 1(8)(b) states sexual motivation
enhancements are mandatory, must be served in total confinement and must run
consecutively to all other sentencing provisions. To implement Laws of 2006,
ch. 123, § 1(8)(b), change the following paragraph in Confinement Over One
year, paragraph 4.5(a) as follows:
Actual number of months of total
confinement ordered is:_______________________________________. (Add mandatory
firearm, and deadly weapons, and sexual motivation
enhancement time to run consecutively to other counts, see Section 2.3, Sentencing
Data, above.)
Laws of 2006, ch 123, § 1(8)(b) states that sexual
motivation enhancements must run consecutively to all other sentencing
provisions. Additionally, Laws of 2006, ch. 339, § 301 amends RCW
9.94A.533(6) as follows:
“(6) An additional twenty four months shall be added to the
standard sentence range for any ranked offense involving a violation of chapter
69.50 RCW if the offense was also a violation of RCW 69.50.435 or 9.94A.605.
All enhancements under this subsection
shall run consecutively to all other
sentencing provisions, for all offenses sentenced
under this chapter.
To implement Laws of 2006, ch 123, § 1(8)(b) and Laws of
2006, ch. 339, § 301, change the following paragraph in Confinement Over One
year, paragraph 4.5(a) as follows:
All counts shall be served
concurrently, except for the portion of those counts for which there is a
special finding of a firearm, or other deadly weapon, or
sexual motivation, VUCSA in a protected
zone, or manufacture of methamphetamine
with juvenile present as set forth above at Section
2.3, and except for the following counts which shall be served consecutively:_______________________________
In Confinement Over One Year, in paragraph 4.6, Community
Placement/Community Custody, in the paragraph beginning with “while on
community placement or community custody….,” in the section with numbered
requirements, insert the following requirement based upon RCW 9.94A.720, as the
third requirement:
“(3) notify DOC of any change in
defendant’s address or employment;”
Renumber the remaining numbered requirements and insert
the following at the eighth requirement:
“and (8) for sex offenses, submit
to electronic monitoring if imposed by DOC.”
This new requirement for sex offenses is based upon Laws
of 2006, ch. 130, which authorizes the Indeterminate Sentence Review Board
and the Department of Corrections to impose electronic monitoring as a
condition of community custody.
Also change the last check box of paragraph 4.6 as
follows:
[ ] For sentences imposed under
RCW 9.94A.712, other conditions, including electronic monitoring, may
be imposed….
Changes to Jail One Year or Less:
Laws of 2006, ch. 128, relates to the offense of Failure
to Register as a Sex Offender (second or subsequent offense). Laws of 2006,
ch. 128, § 4 amends RCW 9.94A.545 by adding a new subsection (2):
(2) If the offender is guilty of
failure to register under RCW 9A.44.130(10)(a), the court shall impose a term
of community custody under RCW 9.94A.715.
Laws of 2006, ch. 128, § 5 makes a
corresponding change to RCW 9.94A.715(1):
“When a court sentences a person
to the custody of the department for a sex offense not sentenced under RCW
9.94A.712, a violent offense, any crime against persons under RCW
9.94A.411(2), or a felony offense under chapter 69.50 or 69.52 RCW, committed
on or after July 1, 2000, or when a court sentences a person to a term of
confinement of one year or less for a violation of RCW 9A.44.130(10)(a)
committed on or after the effective date of this act, the court shall in
addition to other terms of the sentence, sentence the offender to community
custody for the community custody range established under RCW 9.94A.850 or up
to the period of earned release awarded pursuant to RCW 9.94A.728 (1) and
(2), whichever is longer...”
[Note: Laws of 2006, ch. 129, § 1, amended RCW 9A.44.130
by adding a new subsection (7). Subsection 10(a), relating to failure to
register as a sex offender, was renumbered as subsection 11(a).]
To implement Laws of 2006, ch. 128, in Jail One Year or
Less, paragraph 4.6, Community/Supervision/Custody, insert the following at
the end of the first paragraph:
“…For offenses committed on or
after June 7, 2006, the court shall impose a term of community custody under
RCW 9.94A.715 if the offender is guilty of failure to register (second or
subsequent offense) under RCW 9A.44.130(11)(a).”
To implement Laws of 2006, ch. 130, which authorizes the
Indeterminate Sentence Review Board and the Department of Corrections to
impose electronic monitoring as a condition of community custody, in
paragraph 4.6, change the paragraph that begins with “Defendant shall report
to DOC…” as follows:
“Defendant shall report to DOC,
______________ (address of office) not later than 72 hours after release from
custody; and the defendant shall perform affirmative acts necessary to
monitor compliance with the orders of the court as required by DOC. For
sex offenses, defendant shall submit to electronic monitoring if imposed by
DOC. Defendantand shall comply with the instructions, rules and
regulations of DOC….”
Also in paragraph 4.6, change the paragraph beginning with
“[ ] For sentencing imposed…” as follows:
“[ ] For sentences imposed under
RCW 9.94A.712, other conditions, including electronic monitoring, may
be imposed…”
Change to Special Sex Offender Sentencing Alternative,
paragraph (d) Suspension of Sentence:
To implement Laws of 2006, ch. 130,
which authorizes the Indeterminate Sentence Review Board and the Department
of Corrections to impose electronic monitoring as a condition of community
custody, change paragraph (d) Suspension of Sentence as follows:
“….The defendant shall report as
directed to a community corrections officer, pay all legal financial
obligations, perform any court ordered community restitution (service) work,
submit to eletronic monitoring if imposed by DOC, and be subject to the
following terms and conditions or other conditions that may be imposed by the
court or DOC during community custody:”
Change to Special Drug Offender Sentencing Alternative:
Laws of 2006, ch. 339, § 302 amends RCW 9.94A.660(5)(a) by
changing the length of total confinement under the prison-based alternative
as follows:
“(5) The prison-based alternative
shall include:
(a) A period of total confinement
in a state facility for one-half of the midpoint of the standard sentence
range or twelve months, whichever is greater….”
To implement Laws of 2006, ch. 339, § 302, in the Special
Drug Offender Sentencing Alternative, change paragraph 4.5(A)(1), as
follows:
(1) Confinement. Defendant is
sentenced to the following term of total confinement in the custody of the
Department of Corrections (DOC) (half of the midpoint of the standard range,
or 12 months, whichever is greater):
______________ months of total confinement in the custody of DOC.
Change to Confinement Over One Year: Persistent
Offender:
In the paragraph 4.5, delete “Confinement Over One Year”,
from the heading. The updated heading paragraph 4.5 is “Persistent
Offender. The defendant was found to be a Persistent Offender.”
Laws of 2006, ch.124, § 1, amends RCW 9.94A.030(32)(b)(i)
[(33)(b)(i)] by adding assault of a child in the second degree, to the list
of offenses that, with a finding of sexual motivation, are counted as
persistent offender strikes (two strikes).
To implement this change, in Confinement Over One Year:
Persistent Offender, in the second check box paragraph, insert “assault
of a child in the second degree” after “assault of a child in the first
degree,”and before “or burglary in the first degree.”
Changes to paragraph 5.7 Sex and Kidnapping Offender
Registration:
Enter a paragraph return after “10.01.200” and add the
following heading to the first paragraph that begins with “Because this crime
involves….”:
“1. General Applicability and
Requirements:”
Add the following heading to the second paragraph:
“2. Offenders Who Leave the
State and Return:”
Laws of 2006, ch. 126, § 1, amends RCW 9A.44.130(4)(a)(v)
by changing the time period in which a new or returning Washington resident
must register from 30 days to three business days. To implement this
change, update the second paragraph as follows:
If you leave this state
following your sentencing or release from custody but later move back to Washington, you must register within 30 three business days after moving to this
state or within 24 hours after doing so if you are under the jurisdiction of
this state's Department of Corrections. If you leave this state following
your sentencing or release from custody, but later while not a resident of
Washington you become employed in Washington, carry on a vocation in Washington,
or attend school in Washington, you must register within 30 three business days after attending school in
this state or becoming employed or carrying out a vocation in this state, or
within 24 hours after doing so if you are under the jurisdiction of this
state’s Department of Corrections.
Add the following heading to the third
paragraph:
“3. Change of Residence Within State and Leaving
the State:”
Laws of 2006, ch. 126, § 1, amends RCW 9A.44.130(5)(a) to
require a person who changes residence in a county to provide signed
written notice of a change of address. To implement this change, update the
third paragraph as follows:
If you change your residence within a county, you must send signed written notice of your change of residence
to the sheriff within 72 hours of moving. If you
change your residence to a new
county within this state, you must send signed written notice of your change of residence
to the sheriff of your new county of residence at least 14 days before moving and
register with that sheriff within 24 hours of moving. ,and You must also give signed written notice of your change of address to the sheriff of the county where last registered within 10 days of moving. If you
move out of Washington State, you must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom you last registered in Washington State.
Move the paragraph that begins to “If you move to another
state…” so it is the fourth paragraph and add the following heading to the
fourth paragraph:
“4. Additional Requirements Upon
Moving to Another State:”
Add the following heading to the fifth paragraph:
“5. Notification Requirement
When Enrolling in or Employed by a Public or Private Institution of Higher
Education or Common School (K-12):”
Laws of 2006, ch. 126, § 2 amends RCW 9A.44.130 as it was
amended by Laws of 2005, ch. 380, § 1. The 2005 text is included in Laws of
2006, ch. 126, § 2, which becomes effective September 1, 2006. The new text, RCW 9A.44.130(1)(b)(i) and (c), states:
“(b) Any adult or juvenile who is
required to register under (a) of this subsection:
(i) Who is attending, or planning to attend, a public or private school
regulated under title 28A RCW or chapter 72.40 RCW shall, within ten days of
enrolling or prior to arriving at the school to attend classes, whichever is
earlier, notify the sheriff for the county of the person’s residence of the
person’s intent to attend the school, and the sheriff shall promptly notify
the principal of the school;
…
(c) Persons, required to register
under this section, who are enrolled in …. a public or private school
regulated under Title 28A RCW or chapter 72.40 RCW on the effective date of
this act, must notify the county sheriff immediately.”
To implement, these subsections, add the following
language to the end of the fifth paragraph:
(Effective
September 1, 2006) If you attend, or plan to attend, a public or
private school regulated under Title 28A RCW or chapter 72.40 RCW, you are
required to notify the sheriff of the county of your residence of your intent
to attend the school. You must notify the sheriff within 10 days of
enrolling or 10 days prior to arriving at the school to attend classes,
whichever is earlier. If you are enrolled on September 1, 2006, you must
notify the sheriff immediately. The sheriff shall promptly notify the
principal of the school.
Add the
following heading to the sixth paragraph:
“6.
Registration by a Person Who Does Not Have a Fixed Residence:”
Laws of 2006, ch. 126, § 1, amends RCW 9A.44.130(6)(a) by
requiring a person who lacks a fixed residence to provide signed written
notice to the sheriff of the county where he or she last registered within 48
hours excluding weekends and holidays after ceasing to have a fixed
residence. To implement the change, update the sixth paragraph, as follows:
“Even Iif you lack do not have a fixed residence, you are
required to register. Registration must occur within 24 hours of release in
the county where you are being supervised if you do not have a residence at
the time of your release from custody. or within Within 48 hours, excluding weekends
and holidays, after ceasing to have alosing your fixed residence, you must send signed written
notice to the sheriff of the county where you last registered. If you
enter a different county and stay there for more than 24 hours, you will be
required to register in the new
county. You must also report weekly in person to the sheriff of the county
where you are registered. The weekly report shall be on a day specified by
the county sheriff’s office, and shall occur during normal business hours. The county sheriff’s office You may be required you to provide a list of the
locations where you have stayed during the last seven days. The lack of a
fixed residence is a factor that may be considered in determining an offender’s
risk level and shall make the offender subject to disclosure of information
to the public at large pursuant to RCW 4.24.550.”
Laws of 2006, ch. 129 amends RCW 9A.44.130 by adding a new
subsection (7). RCW 9A.44.130(7) requires offenders with a fixed address who
are designated as a risk level II or III to report, in person, every 90 days to
the county sheriff of the county where he or she is registered. If the
offender complies with the 90-day reporting period with no violations for at
least five years in the community, the offender may petition the superior
court to be relieved of the duty to report every 90 days. New section (7)
also includes additional details about the 90-day reporting requirements. To
implement Laws of 2006, ch. 129, add a new paragraph seven as follows:
7.
Reporting Requirements for Persons Who Are
Risk Level II or III: If you have
a fixed residence and you are designated as a risk level II or III, you must report, in person,
every 90 days to the sheriff of the county where you are registered. Reporting shall be
on a day specified by the county sheriff’s office, and shall occur during normal
business hours. If you comply with the 90-day reporting requirement with no violations for at least five years in the community, you may petition the superior court to be relieved of the duty to report every 90 days.
Add the following heading to the eighth paragraph:
“8. Application for a Name
Change:”
Changes to the Voting Rights Statement:
Delete the partial citation “RCW 10.64.___” after “Voting
Rights Statement” and delete the session law citation after the defendant’s
signature line.
Change to Additional Current Offenses, Criminal History
and Current Offense Sentencing Data (Appendix 2.1, 2.2 and 2.3, Judgment and
Sentence):
Laws of 2006, ch. 123, § 1 amends RCW 9.94A.533 by adding
a new subsection (8), which creates a new sexual motivation enhancement.
To implement Laws of 2006, ch. 123, § 1(8)(a), add the
following enhancement abbreviation to the end of the enhancements listed
below the Sentencing Data table in paragraph 2.3:
(SM) Sexual motivation, RCW
9.94A.533(8).
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