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Felony Judgment and Sentence
Change the name of the form in the caption and in the
footer to “Felony Judgment and Sentence.” In the footer, delete “(felony)”
where it appears after the name of the form.
Change the docket code in the caption and in the footer
from “(JS)” to “(FJS).”
In the caption, add “4.5 SDOSA” to the Clerk’s Action
Required line.
To implement 2005 Wash. Laws 218 (HB 1072), relating to
controlled substances –flunitrazepam—methamphetamine, the special
verdict/finding relating to manufacture of methamphetamine when a juvenile is
present is modified as follows:
[ ] A
special verdict/finding that the defendant committed a crime involving the
manufacture of methamphetamine, including its salts, isomers, and salts of
isomers, when a juvenile was present in or upon the premises of
manufacture was returned on Count(s) __________ ___________________. RCW
9.94A.605, RCW 69.50.401, RCW 69.50.440.
To implement 2005 Wash. Laws 68 (SB 5477), relating to
sentencing outside the standard sentence range, the following changes to
paragraph 2.4 were made:
2.4 [ ] EXCEPTIONAL SENTENCE. Substantial and compelling
reasons exist which justify an exceptional sentence:
[ ]
within [ ] below the standard range for Count(s) ___________________.
[ ]
above the standard range for Count(s) _________.
[
] The defendant and state stipulate that justice is best served by imposition
of the exceptional sentence above the standard range and the court finds the
exceptional sentence furthers and is consistent with the interests of justice
and the purposes of the sentencing reform act.
[
] Aggravating factors were [ ] stipulated by the defendant, [ ] found by the
court after the defendant waived jury trial [ ] found by jury by special
interrogatory.
Findings
of fact and conclusions of law are attached in Appendix 2.4. [ ] Jury’s
special interrogatory is attached. The Prosecuting Attorney [ ] did [ ]
did not recommend a similar sentence.
On page 4, update the Domestic Violence assessment
citation in paragraph 4.1 from “Laws of 2004, ch. 15 § 2” to “RCW 10.99.080.”
To implement SB 5461, relating to costs of incarceration,
in paragraph 4.1 on page 5, change this check box option as follows:
[ ] In addition to the other
costs imposed herein, the court finds that the defendant has the means to pay
for the cost of incarceration and is ordered to pay such costs at the
statutory rate of $50.00 per day, unless another rate is specified
here: __________. RCW 9.94A.760.
In the same check box option, insert the JASS code “(JLR)”
[Reimbursement – Jail costs] after the end of the sentence and before the RCW
citation.
To implement 2005 Wash. Laws 218 (HB 1072), relating to
controlled substances –flunitrazepam—methamphetamine, in “Confinement Over
One Year,” paragraph 4.6, update the following provision in the table listing
offenses for which DOC will provide supervision:
(vi) Offense for manufacture,
delivery or possession with intent to deliver methamphetamine including
its salts, isomers, and salts of isomers,
To implement 2005 Wash. Laws 436 (SHB 1147), relating to
protecting communities from sex offenders through the establishment of
community protection zones, the following new condition of community custody
should be added to Confinement Over One year, paragraph 4.6, COMMUNITY
CUSTODY:
[ ] Defendant shall not
reside in a community protection zone (within 880 feet of the factilities and
grounds of a public or private school). (RCW 9.94A.030(8)).
The following variation should be added to Jail One year
or Less, paragraph 4.6, COMMUNITY CUSTODY:
[ ] not reside in a community
protection zone (within 880 feet of the factilities and grounds of a public
or private school). (RCW 9.94A.030(8).)
And the condition should be added to paragraph 4.5 of
Special Sex Offender Sentencing Alternative:
[ ] Defendant shall not
reside in a community protection zone (within 880 feet of the factilities and
grounds of a public or private school). (RCW 9.94A.030(8).)
2005 Wash. Laws 460 (E2SHB 2015) modifies RCW 9.94A.660,
relating to the Special Drug Offender Sentencing Alternative. Effective
October 1, 2005, the court will have two sentencing alternatives: 1) the
prison-based alternative; and 2) the residential chemical dependency
treatment-based alternative. To implement 2005 Wash. Laws 460, the following
changes were made to the SPECIAL DRUG OFFENDER SENTENCING ALTERNATIVE:
In paragraph 4.5, insert the following heading immediately
above “CONFINEMENT.” (A) PRISON-BASED ALTERNATIVE (effective for
sentences imposed on or after October 1, 2005):
Add “(1)” before CONFINEMENT.
Insert the following after the paragraph beginning with
“The defendant shall receive credit…:
(2) COMMUNITY
CUSTODY. Defendant shall serve ________________ months in community
custody. (The remainder of the midpoint of the standard range.) The
defendant shall comply with the community custody conditions in paragraph
4.6.
Insert the following new section in paragraph 4.5:
(B) RESDIENTIAL
CHEMICAL DEPENDENCY TREATMENT-BASED ALTERNATIVE (effective for sentences
imposed on or after October 1, 2005).
(1)
Defendant shall serve __________ months in community custody (A term equal
to one-half of the midpoint of the standard range or two years, whichever is
greater) under the supervision of the Department of Corrections(DOC), on the
condition that the defendant enters and remains in residential chemical
dependency treatment certified under chapter 70.96A RCW for
_____________________ months.
(2)
The defendant shall comply with the community custody conditions in paragraph
4.6. DOC shall make chemical dependency assessment and treatment services
available to the defendant during the term of community custody, within
available funding.
(3) A
progress hearing is set for _________ (date).
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.
Change the title of paragraph 4.6 as follows: COMMUNITY
CUSTODY CONDITIONS.
In paragraph 4.6, delete the first sentence beginning with
“Defendant shall serve…..” In the second sentence (now the first), insert
“sentencing or” after “72 hours after” and before “release from custody.”
In paragraph 4.7, insert “(a)” in front of the heading
“ADDITIONAL CONFINEMENT UPON VIOLATION OF SENTENCE CONDITIONS.
In paragraph 4.7, insert the following new subsection
“(b):”
(b) CONFINEMENT ORDERED AT
THE TREATMENT TERMINATION HEARING (effective for sentences imposed
on or after October 1, 2005). At the treatment termination hearing, the
court may impose a term of total confinement equal to one-half of the
midpoint of the standard sentence range. Confinement imposed at the hearing
shall be followed by the term of community custody in paragraph 4.8. Within
available funding, DOC shall make chemical dependency assessment and
treatment services available to the defendant during the terms of total
confinement and community custody.
In paragraph 4.8, insert “(a)” in front of “for
offenses committed…” After this first sentence add the following new
subsection “b”.
(b) (effective for sentences imposed
on or after October 1, 2005) For a defendant sentenced under the residential
chemical dependency treatment-based alternative, the following term of
community custody is ordered after the term of total confinement imposed at
the treatment termination hearing:
Enter a paragraph return after the new subhection (b) and
start the next sentence beginning with “Defendant shall serve” at the left
margin.
To implement 2005 Wash. Laws 436 (SHB 1147), which
renumbered the subsections in RCW 9.94A.030, the statutory subsection
references in paragraph 4.5, CONFINEMENT OVER ONE YEAR: PERISISTENT OFFENDER
were changed to RCW 9.94A.030(33).
In paragraph 5.9, change the law citation from “Laws of
2004, ch. 166 § 11” to “RCW 9.94A.562.
To implement 2005 Wash. Laws 246 (ESSB 5743) § 1, the
following “Voting Rights Statement” was inserted after the signature lines
and before the interpreter’s declaration:
VOTING RIGHTS STATEMENT: RCW 10.64.___ I
acknowledge that my right to vote has been lost due to felony conviction. If
I am registered to vote, my voter registration will be cancelled. My right
to vote may be restored by: a) A certificate of discharge issued by the
sentencing court, RCW 9.94A.637; b) A court order issued by the sentencing
court restoring the right, RCW 9.92.066; c) A final order of discharge issued
by the indeterminate sentence review board, RCW 9.96.050; or d) A
certificate of restoration issued by the governor, RCW 9.96.020. Voting
before the right is restored is a class C felony, RCW 92A.84.660.
Defendant’s signature:
______2005 Wash. Laws 246 § 1.
In the Interpreter’s
certification section. Move the signature line to below the certification
statement.
Delete the sentence: “CAUSE
NUMBER of this case:_________________”
A mandatory FINDINGS OF FACT
AND CONCLUSIONS OF LAW FOR AN EXCEPTIONAL SENTENCE, APPENDIX 2.4 JUDGMENT AND
SENTENCE, was not developed to implement 2005 Wash. Laws 68 § 4. Instead,
there are two optional forms.
In the existing Appendix 2.4,“(Optional)”
is inserted below the form title in the caption.
A second FINDINGS OF FACT AND
CONCLUSIONS OF LAW FOR AN EXCEPTIONAL SENTENCE, APPENDIX 2.4 JUDGMENT AND
SENTENCE, is added to the judgment and sentence for optional use by the
courts.
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