RULES OF COURT
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO NEW CrRLJ 4.2(i); CrR 4.2(g); CrRLJ 4.2(g) AND JuCR 7.7 | ) ) ) ) |
ORDER NO. 25700-A-661 |
Now, therefore, it is hereby
ORDERED:
(a) That the amendments as attached hereto are adopted.
(b) That the amendments will be published in the Washington Reports and will become effective September 1, 1999.
DATED at Olympia, Washington this 1st day of July, 1999.
| Guy, C. J. |
|
| B. Durham |
Alexander, J. |
| Madsen, J. |
Smith, J. |
| Johnson, J. |
Sanders, J. |
| Talmadge, J. |
Ireland, J. |
PLEAS AND PRETRIAL DISPOSITION
[New Section (i)]
| ________________________ COURT OF WASHINGTON,
|
NO: ______________________ PETITION FOR DEFERRED PROSECUTION CHARGES: ______________________ VIOLATION DATE: ________________ |
| ___________________________________________, PLAINTIFF | |
| VS. | |
| ___________________________________________, DEFENDANT |
1. I allege the wrongful conduct charged is the result of or caused by
| [ ] ALCOHOLISM | [ ] DRUG ADDICTION | [ ] MENTAL PROBLEMS, |
2. Unless I receive treatment for my problem, the probability of future reoccurrence is great.
3. I agree to pay for the cost of diagnosis and treatment, if financially able to do so, subject to RCW 10.05.130.
4. I understand that the court will not accept a petition for deferred prosecution from a person who sincerely believes that he or she is innocent of the crime(s) charged or does not suffer from alcoholism, drug addiction, or mental problems.
5. If this charge is a violation of Title 46 or similar municipal ordinance, I have not previously been placed on a deferred prosecution for a Title 46 or similar municipal ordinance violation.
6. A case history and assessment have been filed with this petition pursuant to RCW 10.05.020.
7. I understand and acknowledge I have the following rights: (a) to have a lawyer represent me at all hearings; (b) to have a lawyer appointed at public expense if I cannot afford one; (c) to a speedy, public jury trial; (d) to appeal any conviction; (e) to remain silent and not testify; (f) to question witnesses who testify against me; (g) to call witnesses to testify for me, at no cost; (h) to be presumed innocent unless the charge(s) against me is proven beyond a reasonable doubt; and (i) to present evidence and a defense. By deferring prosecution on these charges, I understand I give up my right to: (a) a speedy trial; (b) a jury; (c) testify; (d) question witnesses; (e) call witnesses; and (f) present evidence or a defense.
8. I stipulate to the admissibility and sufficiency of the facts in the attached police reports. I acknowledge that the above items will be entered and used to support a finding of guilty if the deferred prosecution is revoked.
9. If my deferred prosecution is revoked and I am found guilty, I understand that I may be sentenced up to the maximum penalty allowed by law.
10. I understand that if I proceed to trial and I am found guilty, I may be allowed to seek suspension of some or all fines and incarceration if I seek treatment. I understand that I may seek treatment from a public or private agency at any time, whether or not I have been found guilty or placed on deferred prosecution.
11. I understand that for some crimes, a deferred prosecution will enhance mandatory penalties for subsequent offenses committed within a seven-year period. I understand that a deferred prosecution will be a prior offense under RCW 46.61.5055 (driving under the influence, physical control of a vehicle under the influence, negligent driving if originally charged as driving under the influence or physical control of a vehicle under the influence, vehicular homicide, or vehicular assault).
12. I understand that if the court grants this Petition, I may not operate a motor vehicle on the public highways without a valid operator's license and proof of liability insurance pursuant to RCW 46.29.490. I understand I may also be required to install an ignition interlock or other device on any motor vehicle I operate as set forth in RCW 46.20.720. I may also be required to pay restitution to victims, pay court costs, and pay probation costs authorized by law. The court may terminate the deferred prosecution program if I violate this paragraph.
13. I understand that if I fail or neglect to comply with any part of my treatment plan or with any ignition interlock requirements, then the court will hold a hearing to determine whether I should be removed from the deferred prosecution program. After the hearing the court will either order that I continue with treatment or be removed from deferred prosecution and enter judgment. If I am convicted of a similar offense during the deferred prosecution, the court will revoke the deferred prosecution and enter judgment.
14. I understand that the charge(s) against me in this case will be dismissed three years from the end of the two-year treatment plan, but no less than five years from the date the deferred prosecution is granted, if the court grants my petition for deferred prosecution and if I fully comply with all the terms of the court order placing me on deferred prosecution.
I certify under penalty of perjury under the laws of the State of Washington that I have read the
foregoing and agree with all of its provisions and that all statements made are true and correct.
Dated at ____________________, Washington this ___ day of ________, _______.
| _______________________ Petitioner-Defendant |
|
| _______________________ Defense Attorney |
| SUPERIOR COURT OF WASHINGTON FOR |
NO. STATEMENT OF DEFENDANT ON PLEA OF GUILTY (STTDFG) |
| STATE OF WASHINGTON ___________________________________________, |
|
| Plaintiff | |
| vs. ___________________________________________, |
|
| Defendant. |
2. My age is: ___________.
3. I went through the ______________ grade.
4. I HAVE BEEN INFORMED AND FULLY UNDERSTAND THAT:
(a) I have the right to representation by a lawyer and that if I cannot afford to pay for a lawyer, one will be provided at no expense to me.
(b) I am charged with:
______________________________________________________________________________________________________________________.
The elements are:
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
5. I UNDERSTAND I HAVE THE FOLLOWING IMPORTANT RIGHTS, AND I GIVE THEM ALL UP BY PLEADING GUILTY:
(a) The right to a speedy and public trial by an impartial jury in the county where the crime is alleged to have been committed;
(b) The right to remain silent before and during trial, and the right to refuse to testify against myself;
(c) The right at trial to hear and question the witnesses who testify against me;
(d) The right at trial to testify and to have witnesses testify for me. These witnesses can be made to appear at no expense to me;
(e) I am presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty;
(f) The right to appeal a finding of guilt after a trial.
6. IN CONSIDERING THE CONSEQUENCES OF MY GUILTY PLEA, I UNDERSTAND THAT:
(a) Each crime with which I am charged carries a maximum sentence, a fine, and a
STANDARD SENTENCE RANGE as follows:
| COUNT NO. | STANDARD RANGE (not including enhancements) | PLUS Enhancement for Firearm (F), other deadly weapon (D) or VUCSA (V) in protected zone | TOTAL (standard range including enhancements) | MAXIMUM TERM AND FINE |
| 1 | ||||
| 2 | ||||
| 3 |
(c) The prosecuting attorney's statement of my criminal history is attached to this agreement. Unless I have attached a different statement, I agree that the prosecuting attorney's statement is correct and complete. If I have attached my own statement, I assert that it is correct and complete. If I am convicted of any additional crimes between now and the time I am sentenced, I am obligated to tell the sentencing judge about those convictions.
(d) If I am convicted of any new crimes before sentencing, or if any additional criminal history is discovered, both the standard sentence range and the prosecuting attorney's recommendation may increase. Even so, my plea of guilty to this charge is binding on me. I cannot change my mind if additional criminal history is discovered even though the standard sentencing range and the prosecuting attorney's recommendation increase or a mandatory sentence of life imprisonment without the possibility of parole is required by law.
(e) In addition to sentencing me to confinement, the judge will order me to pay $500.00 as a victim's compensation fund assessment. If this crime resulted in injury to any person or damage to or loss of property, the judge will order me to make restitution, unless extraordinary circumstances exist which make restitution inappropriate. The amount of restitution may be up to double my gain or double the victim's loss. The judge may also order that I pay a fine, court costs, attorney fees and the costs of incarceration.
(f) In addition to sentencing me to confinement, the judge may order me to serve up to one year of community supervision if the total period of confinement ordered is less than 12 months and community custody or community placement is not required due to the nature of the crime. If this crime is a drug offense, assault in the second degree, assault of a child in the second degree, or any crime against a person in which a specific finding was made that I or an accomplice was armed with a deadly weapon, the judge will order me to serve at least one year of community placement. If this crime is a vehicular homicide, vehicular assault, or a serious violent offense, the judge will order me to serve at least two years of community placement. If this crime is a sex offense, the court will order me to serve at least three years of community custody. During the period of community placement, community custody, or community supervision, I will be under the supervision of the Department of Corrections, and I will have restrictions placed on my activities. My failure to comply with these conditions will render me ineligible for general assistance, RCW 74.04.005 (6)(h).
(g) The prosecuting attorney will make the following recommendation to the judge:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
(h) The judge does not have to follow anyone's recommendation as to sentence. The judge must impose a sentence within the standard range unless the judge finds substantial and compelling reasons not to do so. If the judge goes outside the standard range, either the State or I can appeal that sentence. If the sentence is within the standard range, no one can appeal the sentence.
(i) If I am not a citizen of the United States, a plea of guilty to an offense punishable as a crime under state law is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.
(j) I understand that I may not possess, own, or have under my control any firearm unless my right to do so is restored by a court of record and that I must immediately surrender any concealed pistol license. RCW 9.41.040
NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING PARAGRAPHS DO NOT
APPLY, THEY SHOULD BE STRICKEN AND INITIALED BY THE DEFENDANT AND THE JUDGE
[k] This offense is a most serious offense or strike as defined by RCW 9.94A.030, and if I
have at least two prior convictions for most serious offenses, whether in this state, in federal
court, or elsewhere, the crime for which I am charged carries a mandatory sentence of life
imprisonment without the possibility of parole. In addition, if this offense is (1) rape in the first
degree, rape of a child in the first degree, rape in the second degree, rape of a child in the second
degree, indecent liberties by forcible compulsion, or child molestation in the first degree, or (2)
murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the
first degree, kidnapping in the second degree, assault in the first degree, assault in the second
degree, assault of a child in the first degree, or burglary in the first degree, with a finding of
sexual motivation, or (3) any attempt to commit any of the crimes listed in this sentence and I
have at least one prior conviction for one of these listed crimes in this state, in federal court, or
elsewhere, the crime for which I am charged carries a mandatory sentence of life imprisonment
without the possibility of parole.
[l] The judge may sentence me as a first-time offender instead of giving a sentence within the standard range if I qualify under RCW 9.94A.030. This sentence could include as much as 90 days' confinement, two years community supervision, plus all of the conditions described in paragraph (e). Additionally, the judge could require me to undergo treatment, to devote time to a specific occupation, and to pursue a prescribed course of study or occupational training.
[m] The judge may suspend execution of the standard range term of confinement under the special sex offender sentencing alternative (SSOSA) if I qualify under RCW 9.94A.120(8). If the judge suspends execution of the standard range term of confinement, I will be placed on community custody for the length of the suspended sentence or three years, which ever is greater; I will be ordered to serve up to 180 days of total confinement; I will be ordered to participate in sex offender treatment; and I will be subject to all of the conditions described in paragraph (e). Additionally, the judge could require me to devote time to a specific occupation and to pursue a prescribed course of study or occupational training. If a violation of the sentence occurs during community custody, the judge may revoke the suspended sentence.
[n] Because this crime involves a sex offense, or a kidnapping offense involving a minor, I will be required to register with the sheriff of the county of the state of Washington where I reside. If I am not a resident of Washington but I am a student in Washington or I am employed in Washington or I carry on a vocation in Washington, I must register with the sheriff of the county of my school, place of employment, or vocation. I must register immediately upon being sentenced unless I am in custody, in which case I must register at the time of my release with the person designated by the agency that has me in custody and I must also register within 24 hours of my release with the sheriff of the county of the state of Washington where I will be residing, or if not residing in the state of Washington, where I am a student, where I am employed or where I carry on a vocation.
If I leave this state following my sentencing or release from custody but later move back to Washington, I must register within 30 days after moving to this state or within 24 hours after doing so if I am under the jurisdiction of this state's Department of Corrections. If I leave this state following my sentencing or release from custody, but later while not a resident of Washington I become employed in Washington, carry out a vocation in Washington, or attend school in Washington, I must register within 30 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 I am under the jurisdiction of this state's Department of Corrections.
If I change my residence within a county, I must send written notice of my change of residence to the sheriff within 72 hours of moving. If I change my residence to a new county within this state, I must send written notice of the change of address at least 14 days before moving to the county sheriff in the new county of residence, I must register with the sheriff of the new county within 24 hours of moving, and I must also give written notice of my change of address to the sheriff of the county where last registered within 10 days of moving. If I move out of Washington State, I must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom the person last registered in Washington State.
If I am a resident of Washington and I am admitted to a public or private institution of higher education, I shall, within 10 days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff of the county of my residence of my intent to attend the institution.
If I lack a fixed residence, I am required to register. Registration must occur within 24 hours of my release in the county where I am being supervised if I do not have a residence at the time of my release from custody or within 14 days after ceasing to have a fixed residence. If I enter a different county and stay there for more than 24 hours, I will be required to register in the new county. I must also report in person to the sheriff of the county where I am registered on a weekly basis if I have been classified as a risk level III or on a monthly basis if I have been classified as a risk level I or II. The lack of a fixed residence is a factor that may be considered in determining a sex offender's risk level.
If I move out of Washington State, I must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom I last registered in Washington State.
[o] If this crime involves a sex offense or violent offense, I will be required to provide a sample of my blood for purposes of DNA identification analysis.
[p] If this is a crime of domestic violence and if I, or the victim of the offense, has a minor child, the court may order me to participate in a domestic violence perpetrator program approved under RCW 26.50.150.
[q] If this crime involves a sexual offense, prostitution, or a drug offense associated with hypodermic needles, I will be required to undergo testing for the human immunodeficiency (AIDS) virus.
[r] The judge may sentence me under the special drug offender sentencing alternative (DOSA) if I qualify under RCW 9.94A.120(6). This sentence could include a period of total confinement in a state facility for one-half of the midpoint of the standard range plus all of the conditions described in paragraph (e). During confinement, I will be required to undergo a comprehensive substance abuse assessment and to participate in treatment. The judge will also impose community custody of at least one-half of the midpoint of the standard range that must include appropriate outpatient treatment, a condition not to use illegal controlled substances, and requirement to submit to urinalysis or other testing to monitor that status. Additionally, the judge could require me to devote time to a specific employment or training, to stay out of certain areas, and to pay thirty dollars per month to offset the cost of monitoring.
[s] If this crime involves the manufacture, delivery, or possession with the intent to deliver methamphetamine or amphetamine, a mandatory methamphetamine clean-up fine of $3,000.00 will be assessed. RCW 69.50.401 (a)(l)(ii).
[t] If this crime involves a motor vehicle, my driver's license or privilege to drive will be suspended or revoked. If I have a driver's license, I must now surrender it to the judge.
[u] If this crime involves the offense of vehicular homicide while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502, committed on or after January 1, 1999, an additional two years shall be added to the presumptive sentence for vehicular homicide for each prior offense as defined in RCW 46.61.5055(8).
[v] The crime of _________________________ has a mandatory minimum sentence of at least ______ years of total confinement. The law does not allow any reduction of this sentence. This mandatory minimum sentence is not the same as the mandatory sentence of life imprisonment without the possibility of parole described in paragraph 6[k].
[w] I am being sentenced for two or more serious violent offenses arising from separate and distinct criminal conduct and the sentences imposed on counts _______ and _______ will run consecutively unless the judge finds substantial and compelling reasons to do otherwise.
[x] I understand that the offense(s) I am pleading guilty to include a deadly weapon or firearm enhancement. Deadly weapon or firearm enhancements are mandatory, they must be served in total confinement, and they must run consecutively to any other sentence and to any other deadly weapon or firearm enhancements.
[y] I understand that the offenses I am pleading guilty to include both a conviction under RCW 9.41.040 for unlawful possession of a firearm in the first or second degree and one or more convictions for the felony crimes of theft of a firearm or possession of a stolen firearm. The sentences imposed for these crimes shall be served consecutively to each other. A consecutive sentence will also be imposed for each firearm unlawfully possessed.
[z] This plea of guilty will result in the suspension of public assistance. RCW 74.08.290.
7. I plead guilty to count __________________ in the _____________________ Information. I have received a copy of that information.
8. I make this plea freely and voluntarily.
9. No one has threatened harm of any kind to me or to any other person to cause me to make this plea.
10. No person has made promises of any kind to cause me to enter this plea except as set forth in this statement.
11. The judge has asked me to state what I did in my own words that makes me guilty of
this crime. This is my statement:
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
[ ] Instead of making a statement, I agree that the court may review the police reports and/or a statement of probable cause supplied by the prosecution to establish a factual basis for the plea.
12. My lawyer has explained to me, and we have fully discussed, all of the above paragraphs. I understand them all. I have been given a copy of this "Statement of Defendant on Plea of Guilty." I have no further questions to ask the judge.
| _____________________ Defendant | |
| I have read and discussed this statement with the defendant and believe that the defendant is competent and fully understands the statement. | |
| _____________________ Prosecuting Attorney Bar# | _____________________ Defendant's Lawyer Bar# |
| _____________________ Print Name | _____________________ Print Name |
&lhlsqbul; (a) The defendant had previously read the entire statement above and that the defendant understood it in full;
&lhlsqbul; (b) The defendant's lawyer had previously read to him or her the entire statement above and that the defendant understood it in full; or
&lhlsqbul; *(c) An interpreter had previously read to the defendant the entire statement above and that the defendant understood it in full.
I find the defendant's plea of guilty to be knowingly, intelligently and voluntarily made. Defendant understands the charges and the consequences of the plea. There is a factual basis for the plea. The defendant is guilty as charged.
| Dated:______________________ | |
| ____________________________ Judge |
|
(If required, attach to Statement of Defendant on Plea of Guilty.)
| _____________________________________ language, which the defendant understands, and I have translated |
| _____________________________________________ Identify document being translated |
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.
| Dated: ______________________________ | |
| _______________________________ Interpreter | |
| Location: ____________________________________. | |
| COURT OF WASHINGTON FOR |
NO. STATEMENT OF DEFENDANT ON PLEA OF GUILTY |
| _______________________, Plaintiff vs. _______________________, Defendant. |
2. My age is ____________.
3. I went through the ____________ grade.
4. I HAVE BEEN INFORMED AND FULLY UNDERSTAND THAT:
(a) I have the right to representation by a lawyer and that if I cannot afford to pay for a lawyer, one will be provided at no expense to me.
(b) I am charged with:
______________________________________________________________________________________________________________________.
The elements are:
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
5. I UNDERSTAND THAT I HAVE THE FOLLOWING IMPORTANT RIGHTS, AND I GIVE THEM ALL UP BY PLEADING GUILTY:
(a) The right to a speedy and public trial by an impartial jury in the county where the crime is alleged to have been committed;
(b) The right to remain silent before and during trial, and the right to refuse to testify against myself;
(c) The right at trial to hear and question the witnesses who testify against me;
(d) The right at trial to testify and to have witnesses to testify for me. These witnesses can be made to appear at no expense to me;
(e) I am presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty;
(f) The right to appeal a finding of guilt after a trial.
6. IN CONSIDERING THE CONSEQUENCES OF MY GUILTY PLEA, I UNDERSTAND THAT:
(a) The crime with which I am charged carries a maximum sentence of ______ days in jail and a $____________ fine.
(b) The prosecuting authority will make the following recommendation to the judge:
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
(c) The judge does not have to follow anyone's recommendation as to sentence. The judge can give me any sentence up to the maximum authorized by law no matter what the prosecuting authority or anyone else recommends.
(d) The judge may place me on probation for up to five years if I am sentenced under RCW 46.61.5055 or up to two years for all other offenses and impose conditions of probation.
(e) The judge may require me to pay costs, fees and assessments authorized by law. The judge may also order me to make restitution to any victims who lost money or property as a result of crimes I committed. The maximum amount of restitution is double the amount of the loss of all victims or double the amount of my gain.
(f) If I am not a citizen of the United States, a plea of guilty to an offense punishable as a crime under state law is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.
NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING PARAGRAPHS APPLY,
THE BOX SHOULD BE CHECKED AND THE PARAGRAPH INITIALED BY THE DEFENDANT.
[ ] g The crime of _____________________ has a mandatory minimum sentence of
____________________________. The law does not allow any reduction of this sentence.
[ ] h If this crime involves a sexual offense, prostitution, or a drug offense associated with hypodermic needles, I will be required to undergo testing for the human immunodeficiency (AIDS) virus.
[ ] I This plea of guilty will result in suspension or revocation of my driver's license by the Department of Licensing. If I have a driver's license, I must now surrender it to the judge.
[ ] j I understand that I may not possess, own, or have under my control any firearm unless my right to do so is restored by a court of record and that I must immediately surrender any concealed pistol license. RCW 9.41.040.
[ ] k If this case involves driving while under the influence of alcohol and/or being in actual physical control of a vehicle while under the influence of alcohol and/or drugs, I have been informed and understand that I will be subject to the penalties described in Attachment "A".
[ ] l I understand that if this crime involves a sex offense, a kidnapping offense involving a minor, communicating with a minor, or one of the other offenses listed RCW 9.9A.44, I will be required to register with the county sheriff as described in Attachment "B".
7. I plead guilty to the crime of ________________________ as charged in the complaint or citation and notice. I have received a copy of that complaint or citation and notice.
8. I make this plea freely and voluntarily.
9. No one has threatened harm of any kind to me or to any other person to cause me to make this plea.
10. No person has made promises of any kind to cause me to enter this plea except as set forth in this statement.
11. The judge has asked me to state in my own words what I did that makes me guilty of
this crime. This is my statement:
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
[ ] Instead of making a statement, I agree that the court may review the police reports and/or a statement of probable cause supplied by the prosecution to establish a factual basis for the plea.
12. My lawyer has explained to me, and we have fully discussed, all of the above paragraphs. I understand them all. I have been given a copy of this "Statement of Defendant on Plea of guilty." I have no further questions to ask the judge.
| Date:_________________ | _____________________ Defendant |
| I have read and discussed this statement with the defendant and believe that the defendant is competent and fully understands the statement. | |
| _____________________ Prosecuting Authority Bar# | _____________________ Defendant's Lawyer Bar# |
| _____________________ Print Name | _____________________ Print name |
[ ] (a) The defendant had previously read; or
[ ] (b) The defendant's lawyer had previously read to him or her; or
[ ] (c) An interpreter had previously read to the defendant the entire statement above and that the defendant understood it in full.
| DATED: _______________ | _____________________ Judge |
(If required, attach to Statement of Defendant on Plea of Guilty.)
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 |
| _____________________________________________ Identify document being translated |
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.
| DATED: ______________________________ | |
| _______________________________ Interpreter | |
| LOCATION: ____________________________________. | |
| Case Name:_____________ | Cause No:____________ |
Department of Licensing - 1999 DUI Administrative Sanctions and Reinstatement Provisions
| ADMINISTRATIVE SANCTIONS | ||
| REFUSED TEST | First Refusal Within 7 Years And No Prior Administrative Action Within Past 7 Years | Second or Subsequent Refusal Within Past 7 Years OR First
Refusal And At Least One Prior Administrative Action
Within Past 7 Years (Suspension consecutive to any court ordered suspension) |
| Adult | 1-Year License Revocation | 2-Year License Revocation |
| Minor | 1-Year License Revocation | 2-Year License Revocation Or Until Age 21 Whichever Is Longer |
| ALCOHOL CONCENTRATION TEST RESULT | First Administrative Action | Second or Subsequent Administrative Action |
| Adults With 0.08 or Greater | 90-Day License Suspension | 2-Year License Revocation |
| Minors With 0.02 or Greater | 90-Day License Suspension | 1-Year License Revocation Or Until Age 21 Whichever Is Longer |
| REQUIREMENTS FOR REINSTATEMENT OF DRIVING PRIVILEGE | |
| Suspended License* | Revoked License* |
| •File and maintain proof of financial responsibility for the future with the Department of Licensing as
provided in chapter 46.29 RCW •Pay $150 driver's license reissue fee •Driver's ability test NOT required |
•File and maintain proof of financial responsibility for the future with the Department of Licensing as
provided in chapter 46.29 RCW •Pay $150 driver's license reissue fee •Satisfactorily complete a driver's ability test |
COURT - 1999 DUI Sentencing Grid
| "Prior Offense" includes the following: (as defined in RCW 46.61.5055 as amended by Ch. 211 and 214 Laws of 1998) | ||
| Original Convictions for the
following: (1) DUI (RCW 46.61.502) (or an equivalent local ordinance) (2) Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance) (3) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence (4) Equiv. out-of-state statute for any of the above offenses |
Amended Convictions for the following: If
the person was originally charged with DUI
or Phys. Cont. or an equivalent local
ordinance, or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) (1) Neg. Driving 1st (RCW 46.61.5249 previously 46.61.525.1) (2) Reckless driving (RCW 46.61.500) (3) Reckless endangerment (RCW 9A.36.050) (4) Equiv. out-of-state or local ordinance for the above offenses |
Deferred Prosecution Granted for the
following: (1) DUI (RCW 46.61.502) (or equivalent local ordinance) (2) Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance) (3) Neg. Driving 1st (RCW 46.61.5249 previously 46.61.525.1, or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) |
| "Within seven years" means that the arrest for a prior offense(s) occurred within 7 years of the arrest for the current offense. (as defined in RCW 46.61.5055 as amended by Ch. 207, Laws of 1998.) | ||
| Alcohol Concentration Less Than .15 Or No Test Result | No Prior Offenses Within Past 7 Years | One Prior Offense Within Past 7 Years | Two or More Prior Offenses Within Past 7 Years |
| Jail Time*** | 1-365 Days (24 consecutive hours non-suspendable) | 30-365 Days (30 days non-suspendable) | 90-365 Days (90 days non-suspendable) |
| Electronic Home Monitoring* | In Lieu of Mandatory Minimum Jail Time, Not Less Than 15 Days | 60 Days | 120 Days |
| Fine | $350-$5,000 ($685 total minimum fine w/statutory assessments) | $500-$5,000 ($925 total minimum fine w/statutory assessments) | $1,000-$5,000 ($1,725 total minimum fine w/statutory assessments) |
| Driver's License | 90-Day Suspension | 2-Year Revocation | 3-Year Revocation |
| Ignition Interlock Device | Court may order** | Not Less Than 1 Year** | Not Less Than 1 Year** |
| Alcohol/Drug Ed. or Treatment | As Determined By The Court | As Determined By The Court | As Determined By The Court |
| Alcohol Concentration At Least .15 or Greater Or Test Refusal | No Prior Offenses Within Past 7 Years | One Prior Offense Within Past 7 Years | Two or More Prior Offenses Within Past 7 Years |
| Jail Time*** | 2-365 Days (2 consecutive days non-suspendable) | 45-365 Days (45 days non-suspendable) | 120-365 Days (120 days non-suspendable) |
| Electronic Home Monitoring* | In lieu of Mandatory Minimum Jail Time, Not Less Than 30 Days | 90 Days | 150 Days |
| Fine | $500-$5,000 ($925 total minimum fine w/statutory assessments) | $750-$5,000 ($1,325 total minimum fine w/statutory assessments) | $1,500-$5,000 ($2,525 total minimum fine w/statutory assessments) |
| Driver's License | 1-Year Revocation | 900-Day Revocation | 4-Year Revocation |
| Ignition Interlock Device | Not Less Than 1 Year** | Not Less Than 1 Year** | Not Less Than 1 Year** |
| Alcohol/Drug Ed. or Treatment | As Determined By The Court | As Determined By The Court | As Determined By The Court |
| * | Electronic Home Monitoring: For first time offenders, the electronic home monitoring option in lieu of the mandatory minimum jail time is effective June 11, 1998. Effective March 16, 1999, courts may waive electronic home monitoring in writing stating the reasons therefore and facts relied upon. If EHM is waived, the court is required to impose an alternative sentence with similar punitive consequences. (Chapter 5, Laws of 1999) |
| ** | Ignition Interlock: For a person previously ordered to install ignition interlock under RCW 46.20.720 (3)(a) not less than 5 years, for a person previously ordered to install ignition interlock under RCW 46.20.720 (3)(b) not less than 10 years. Note: RCW 46.20.720 (3)(a) and (3)(b) are effective January 1, 1999. For application in DUI Deferred Prosecution, see: RCW 10.05.140, as amended Ch. 331, Laws of 1999, effective May 14, 1999 |
| *** | Mandatory conditions of probation if any jail time is suspended: (Court's jurisdiction extended to five years if it imposes less than one year in jail - RCW 46.61.5055 as amended by Ch. 206, Laws of 1998, effective June 11, 1998. See also Ch 56, Laws of 1999, effective 7/25/99.) (i) The individual is not to drive a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future, (ii) the individual is not to drive a motor vehicle within this state while having an alcohol concentration of .08 or more within two hours after driving, (iii) the individual is not to refuse to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. |
| Case Name: ___________________________________ |
| Cause No: _____________________________________ |
(If required, attach to Statement of defendant on Plea of Guilty.)
Because this crime involves a sex offense, a kidnapping offense involving a minor,
communicating with a minor or other offense listed in RCW 9.9A.44, I will be required to
register with the sheriff of the county of the state of Washington where I reside. If I am not a
resident of Washington but I am a student in Washington or I am employed in Washington or I
carry on a vocation in Washington, I must register with the sheriff of the county of my school,
place of employment, or vocation. I must register immediately upon being sentenced unless I am
in custody, in which case I must register at the time of my release with the person designated by
the agency that has me in custody and I must also register within 24 hours of my release with the
sheriff of the county of the state of Washington where I will be residing, or if not residing in the
state of Washington, where I am a student, where I am employed, or where I carry on a vocation.
If I leave this state following my sentencing or release from custody but later move back to Washington, I must register within 30 days after moving to this state or within 24 hours after doing so if I am under the jurisdiction of this state's Department of Corrections. If I leave this state following my sentencing or release from custody, but later while not a resident of Washington I become employed in Washington, carry out a vocation in Washington, or attend school in Washington, I must register within 30 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 I am under the jurisdiction of this state's Department of Corrections.
If I change my residence within a county, I must send written notice of my change of residence to the sheriff within 72 hours of moving. If I change my residence to a new county within this state, I must send written notice of the change of address at least 14 days before moving to the county sheriff in the new county of residence, I must register with the sheriff of the new county within 24 hours of moving, and I must also give written notice of my change of address to the sheriff of the county where last registered within 10 days of moving. If I move out of Washington State, I must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom the person last registered in Washington State.
If I am a resident of Washington and I am admitted to a public or private institution of higher education, I shall, within 10 days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff of the county of my residence of my intent to attend the institution.
If I lack a fixed residence, I am required to register. Registration must occur within 24 hours of release in the county where I am being supervised if I do not have a residence at the time of my release from custody or within 14 days after ceasing to have a fixed residence. If I enter a different county and stay there for more than 24 hours, I will be required to register in the new county. I must also report in person to the sheriff of the county where I am registered on a weekly basis if I have been classified as a risk level III or on a monthly basis if I have been classified as a risk level I or II. The lack of a fixed residence is a factor that may be considered in determining a sex offender's risk level.
If I move out of Washington State, I must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom I last registered in Washington State.
| SUPERIOR COURT OF WASHINGTON COUNTY OF ____________________________ JUVENILE COURT |
NO: |
| STATE OF WASHINGTON V. | STATEMENT ON PLEA OF GUILTY (STJOPG) |
| Respondent | |
| D.O.B.: |
I am also known as: ______________________.
2. My age is ____________. Date of Birth: ______________.
3. I have been informed and fully understand that I have the right to a lawyer, and that if I cannot afford to pay for a lawyer, the judge will provide me with one at no cost. I understand that a lawyer can look at the social and legal files in my case, talk to the police, probation counselor and prosecuting attorney, tell me about the law, help me understand my rights, and help me at trial.
4. I understand that I am charged with
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________,
and that the elements are
_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________,
and I have been given a copy of the charge(s).
5. I UNDERSTAND I HAVE THE FOLLOWING IMPORTANT RIGHTS, AND I GIVE THEM ALL UP BY PLEADING GUILTY:
a. I have the right to a speedy and public trial in the county where I reside or where the offense(s) allegedly occurred.
b. I have the right to remain silent before and during trial, and I need not testify against myself.
c. I have the right to hear and question witnesses who might testify against me.
d. I have the right to testify and to have witnesses testify for me. These witnesses may be required to appear at no cost to me.
e. I have the right to testify on my own behalf.
f. I am presumed innocent unless each element of the offense(s) I am charged with is proven beyond a reasonable doubt or I enter a plea of guilty.
g. I have the right to appeal a finding of guilt after trial.
6. I have been informed that in order to determine an appropriate sentence regarding the charges to which I plead guilty in this matter, the judge will take into consideration my criminal history, which is as follows:
a. _________________________________
b. _________________________________
c. _________________________________
d. _________________________________
e. _________________________________
f. _________________________________
7. The Standard Sentencing Range, which was calculated using my criminal history as
referenced in Paragraph 6, above, is as follows:
[ ] LOCAL SANCTIONS:
| COUNT | SUPERVISION | COMMUNITY SERVICE | FINE | DETENTION | CVC | RESTITUTION |
| [ ] 1 | 0 to 12 months | 0 to 150 hours | $0 to $500 | 0 to 30 Days | $75/$100 | [ ]As required [ ]__ |
| [ ] 2 | 0 to 12 months | 0 to 150 hours | $0 to $500 | 0 to 30 Days | $75/$100 | [ ]As required [ ]__ |
| [ ] 3 | 0 to 12 months | 0 to 150 hours | $0 to $500 | 0 to 30 Days | $75/$100 | [ ]As required [ ]__ |
[ ] JUVENILE REHABILITATION ADMINISTRATION (JRA) COMMITMENT:
| COUNT | WEEKS AT JUVENILE REHABILITATION ADMINISTRATION, (JRA) FACILITY |
CVC | RESTITUTION |
| [ ] 1 | [ ] 15 to 36 [ ] 30 to 40 [ ] 52 to 65 [ ] 80 to 100 [ ] 103 to 129[ ] 180 to Age 21 | $75/$100 | [ ]As required [ ] ____ |
| [ ] 2 | [ ] 15 to 36 [ ] 30 to 40 [ ] 52 to 65 [ ] 80 to 100 [ ] 103 to 129[ ] 180 to Age 21 | $75/$100 | [ ]As required [ ] ____ |
| [ ] 3 | [ ] 15 to 36 [ ] 30 to 40 [ ] 52 to 65 [ ] 80 to 100 [ ] 103 to 129[ ] 180 to Age 21 | $75/$100 | [ ]As required [ ]____ |
I understand that if any additional criminal history is discovered, both the standard sentence range and the prosecuting attorney's recommendation may increase. Even so, my plea of guilty to this charge is binding.
8. RIGHT TO APPEAL SENTENCE: I understand, that the judge must impose a sentence within the standard range, unless the judge finds substantial and compelling reasons not to do so. If the judge goes outside the standard range, either I or the State can appeal that sentence. If the sentence is within the standard range, no one can appeal the sentence.
9. MAXIMUM PUNISHMENT: I have been informed, and fully understand, that the maximum punishment I can receive is commitment until I am 21 years old, but that I may be incarcerated for no longer than the adult maximum sentence for this offense.
10. COUNTS AS CRIMINAL HISTORY: I understand that my plea of guilty and the judge's acceptance of my plea will become part of my criminal history. I understand that my guilty plea will remain part of my criminal history when I am an adult and may affect my ability to remain in the Juvenile Justice System should I re -offend. I understand that the judge will consider my criminal history when sentencing me for any offense that I commit in the future as an adult or juvenile.
11. GROUNDS FOR DEPORTATION: If I am not a citizen of the United States, a plea of guilty to an offense punishable as a crime under state law is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.
12. NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING PARAGRAPHS DO NOT APPLY, THEY SHOULD BE STRICKEN AND INITIALED BY THE DEFENDANT AND THE JUDGE
[A] SUSPENSION/REVOCATION OF DRIVING PRIVILEGE FOR FIREARMS OR DRUGS: I have been informed that if the offense that I am pleading guilty to involves a finding that I was armed with a firearm when I committed the offense or if the offense was a violation of RCW 9.41.040(1) or chapters 66.44, 69.41, 69.50 or 69.52 and I was 13 years of age or older when I committed the offense, then the plea will result in the suspension or revocation of my privilege to drive.
[B] SUSPENSION/REVOCATION OF DRIVING PRIVILEGE FOR DRIVING OFFENSES: I have been informed that if the offense that I am pleading guilty to is reckless driving, driving or being in physical control of a motor vehicle while under the influence of intoxicants, driving while license suspended or revoked, vehicular assault, vehicular homicide, hit and run, or attempting to elude a pursuing police vehicle, the plea will result in the suspension or revocation of my privilege to drive.
[C] OFFENDER REGISTRATION FOR SEX OFFENSE OR KIDNAPPING OFFENSE: Because this crime involves a sex offense, or a kidnapping offense involving a minor, I will be required to register with the sheriff of the county of the state of Washington where I reside. RCW 9A.44.130. If I am not a resident of Washington but I am a student in Washington or I am employed in Washington or I carry on a vocation in Washington, I must register with the sheriff of the county of my school, place of employment, or vocation. I must register immediately upon being sentenced unless I am in custody, in which case I must register at the time of my release with the person designated by the agency that has me in custody and I must also register within 24 hours of my release with the sheriff of the county of the state of Washington where I will be residing, or if not residing in the state of Washington, where I am a student, where I am employed or where I carry on a vocation.
If I leave this state following my sentencing or release from custody but later move back to Washington, I must register within 30 days after moving to this state or within 24 hours after doing so if I am under the jurisdiction of this state's Department of Corrections. If I leave this state following my sentencing or release from custody, but later while not a resident of Washington I become employed in Washington, carry out a vocation in Washington, or attend school in Washington, I must register within 30 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 I am under the jurisdiction of this state's Department of Corrections.
If I change my residence within a county, I must send written notice of my change of residence to the sheriff within 72 hours of moving. If I change my residence to a new county within this state, I must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence, I must register with the sheriff of the new county within 24 hours of moving and I must also give written notice of my change of address to the sheriff of the county where last registered within 10 days of moving. If I move out of Washington State, I must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom the person last registered in Washington State.
If I am resident of Washington and I am admitted to a public or private institution of higher education, I shall, within 10 days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff of the county of my residence of my intent to attend the institution.
If I lack a fixed residence, I am required to register. Registration must occur within 24 hours of release in the county where I am being supervised if I do not have a residence at the time of my release from custody or within 14 days after ceasing to have a fixed residence. If I enter a different county and stay there for more than 24 hours, I will be required to register in the new county. I must also report in person to the sheriff of the county where I am registered on a weekly basis if I have been classified as a risk level III or on a monthly basis if I have been classified as a risk level I or II. The lack of a fixed residence is a factor that may be considered in determining a sex offender's risk level.
If I move out of Washington State, I must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom I last registered in Washington State.
If I receive an order changing my name, I must submit a copy of the order to the county sheriff of the county of my residence and to the state patrol within 5 days of the entry of the order. RCW 9A.44.130(6)
[D] DNA TESTING: If this crime involves a sex offense or a violent offense, I will be required to provide a sample of my blood for purposes of DNA identification analysis. RCW 43.43.754.
[E] HIV TESTING: If this crime involves a sexual offense, prostitution, or a drug offense associated with hypodermic needles, I will be required to undergo testing for the human immunodeficiency (HIV/AIDS) virus. RCW 70.24.340.
[F] CRIME LAB FEES: If this offense involves a controlled substance, I will be required to pay $100 for the State Patrol Crime Lab fees to test the substance.
[G] SCHOOL NOTIFICATION: If I am enrolled in a common school, the court will notify the principal of my plea of guilty if the offense for which I am pleading guilty is a violent offense as defined in RCW 9.94A.030; a sex offense as defined in RCW 9.94A.030; inhaling toxic fumes under chapter 9.47A RCW; a controlled substance violation under chapter 69.50 RCW; a liquor violation under RCW 66.44.270; or any crime under chapters 9A.36, 9A.40, 9A.46, and 9A.48 RCW. RCW 13.04.155
[H] SCHOOL ATTENDANCE WITH VICTIM PROHIBITED: I understand that if I am pleading guilty to a sex offense, I will not be allowed to attend the school attended by the victim or victim's siblings. RCW 13.40.160
[I] RIGHT TO POSSESS FIREARMS: [JUDGE MUST READ THE FOLLOWING TO OFFENDER]I have been informed that if I am pleading guilty to any offense that is classified as a felony or any of the following crimes when committed by one family or household member against another: assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order straining the person or excluding the person from a residence; that I may not possess, own, or have under my control any firearm unless my right to do so has been restored by a court of record.. RCW 9.41.040(1).
[J] FIREARMS POSSESSION OR COMMISSION WHILE ARMED:
[i] Minimum 10 Days for Possession Under Age 18: I understand that the offense I am pleading guilty to includes possession of a firearm in violation of RCW 9.41.040 (1)(b)(iii), and pursuant to chapter 13.40.193, the judge will impose a mandatory minimum disposition of 10 days of confinement, which must be served in total confinement without possibility of release until a minimum of 10 days has been served.
[ii] Unlawful Possession with Stolen Firearm: I understand that if the offenses I am pleading guilty to include both a conviction under RCW 9.41.040 for unlawful possession of a firearm in the first or second degree and one or more convictions for the felony crimes of theft of a firearm or possession of a stolen firearm, that the sentences imposed for these crimes shall be served consecutively to each other. A consecutive sentence will also be imposed for each firearm unlawfully possessed.
[iii] Armed During Commission of Any Offense: I understand that if the offense I am pleading guilty to includes a finding that either I or my accomplice was armed with a firearm during the commission of the offense, that the standard range disposition shall be determined pursuant to RCW 13.40.160, unless the judge finds a manifest injustice, in which case the disposition shall be determined pursuant to chapter 13.40.193(3). Such confinement will run consecutive to any other sentence that may be imposed.
[iv] Armed During Commission of a Felony: I further understand that the offense I am pleading guilty to includes a finding that either myself or my accomplice was armed with a firearm during the commission of a felony (other than possession of a machine gun, possession of a stolen firearm, drive -by shooting, theft of a firearm, unlawful possession of a firearm in the first or second degree, or use of a machine gun in a felony) and, therefore, the following mandatory periods of total confinement will be added to my sentence: For a class A felony, six (6) months; for a class B felony, four (4) months; and for a class C felony, two (2) months. Such confinement will run consecutive to any other sentence that may be imposed.
13. I understand that the prosecuting attorney will make the following recommendation to
the judge:
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
14. I understand that the probation counselor will make the following recommendation to
the judge:
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
15. Although the judge will consider recommendations of the prosecuting attorney and the probation officer, the judge may impose any sentence it feels is appropriate. The judge must impose a sentence within the standard sentence range unless the judge finds that doing so would constitute a manifest injustice. If the judge goes outside the standard sentence range, either I or the prosecuting attorney can appeal that sentence. If the sentence is within the standard range, no one can appeal the sentence.
16. The judge has asked me to state in my own words what I did that makes me guilty of
this crime. This is my statement:
_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
[ ] Instead of making a statement, I agree that the judge may review the police reports and/or a statement of probable cause supplied by the prosecution to establish a factual basis for the plea.
17. I plead guilty to count ______________________ in the ____________________ Information. I have received a copy of that information.
18. I make this plea freely. No one has threatened to harm me or anyone else to get me to plead guilty.
19. No one has made any promises to make me plead guilty, except as written in this statement.
20. I have read or someone has read to me everything printed above and I have been given a copy of this statement. I have no more questions to ask the judge.
| Dated: _______________ | ____________________ RESPONDENT |
| Dated: ______________________________________ | ____________________________________________ JUDGE/COMMISSIONER |
| ____________________________________________ Attorney for Respondent |
____________________________________________ Deputy Prosecuting Attorney |
| ____________________________________________ Type or Print Name/Bar Number |
____________________________________________ Type or Print Name/Bar Number |
Reviser's note: The brackets and enclosed material above occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.