RULES OF COURT
|IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO CrR 4.2(g)||)
Now, therefore, it is hereby
(a) That the amendment as attached hereto is adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the amendment will be published expeditiously and become effective upon publication.
DATED at Olympia, Washington this 9th day of March, 2006.
| Alexander, C.J.
| C. Johnson, J.
|| Chambers, J.
| Madsen, J.
|| Owens, J.
| Sanders, J.
|| Fairhurst, J.
| Bridge, J.
|| J. M. Johnson, J.
|SUPERIOR COURT OF WASHINGTON
| STATE OF WASHINGTON
STATEMENT OF DEFENDANT ON
PLEA OF GUILTY TO NON-SEX OFFENSE
|1.||My true name is:||.|
|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.||OFFENDER SCORE||STANDARD RANGE ACTUAL CONFINEMENT (not including enhancements)||PLUS Enhancements*||TOTAL ACTUAL CONFINEMENT (standard range including enhancements)||COMMUNITY CUSTODY RANGE (Only applicable for crimes committed on or after July 1, 2000. For crimes committed prior to July 1, 2000, see paragraph 6(f).)||MAXIMUM TERM AND FINE|
|(b)||The standard sentence range is based on the crime charged and my criminal history. Criminal history includes prior convictions and juvenile adjudications or convictions, whether in this state, in federal court, or elsewhere.|
|(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)||For crimes committed prior to July 1, 2000: 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 not more than 12 months. 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. The actual period of community placement, community custody, or community supervision may be as long as my earned early release period. 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 and requirements placed upon me.|
|For crimes committed on or after July 1, 2000: In addition to sentencing me to confinement, the
judge may order me to serve up to one year of community custody if the total period of
confinement ordered is not more than 12 months. If the crime I have been convicted of falls into
one of the offense types listed in the following chart, the court will sentence me to community
custody for the community custody range established for that offense type unless the judge
finds substantial and compelling reasons not to do so. If the period of earned release awarded
per RCW 9.94A.150 is longer, that will be the term of my community custody. If the crime I have
been convicted of falls into more than one category of offense types listed in the following chart,
then the community custody range will be based on the offense type that dictates the longest
term of community custody.
|OFFENSE TYPE||COMMUNITY CUSTODY RANGE|
|Serious Violent Offenses||24 to 48 months or up to the period of earned release, whichever is longer.|
|Violent Offenses||18 to 36 months or up to the period of earned release, whichever is longer.|
|Crimes Against Persons as defined by RCW 9.94A.411(2)||9 to 18 months or up to the period of earned release, whichever is longer.|
|Offenses under Chapter 69.50 or 69.52 RCW (not sentenced under RCW 9.94A.120(6))||9 to 12 months or up to the period of earned release, whichever is longer.|
|During the period of community custody I will be under the supervision of the Department of Corrections, and I will have restrictions and requirements placed upon me. My failure to comply with these conditions will render me ineligible for general assistance, RCW 74.04.005 (6)(h), and may result in the Department of Corrections transferring me to a more restrictive confinement status or other sanctions.|
|(g)||The prosecuting attorney will make the following recommendation to the judge:|
|[ ] The prosecutor will recommend as stated in the plea agreement, which is incorporated by reference.|
|(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 there is a finding of substantial and compelling reasons not to do so. I understand the following regarding exceptional sentences:|
|(i)||The judge may impose an exceptional sentence below the standard range if the judge finds mitigating circumstances supporting an exceptional sentence.|
|(ii)||The judge may impose an exceptional sentence above the standard range if I am being sentenced for more than one crime and I have an offender score of more than nine.|
|(iii)||The judge may also impose an exceptional sentence above the standard range if the State and I stipulate that justice is best served by imposition of an exceptional sentence and the judge agrees that an exceptional sentence is consistent with and in furtherance of the interests of justice and the purposes of the Sentencing Reform Act.|
|(iv)||The judge may also impose an exceptional sentence above the standard range if the State has given notice that it will seek an exceptional sentence, the notice states aggravating circumstances upon which the requested sentence will be based, and facts supporting an exceptional sentence are proven beyond a reasonable doubt to a unanimous jury, to a judge if I waive a jury, or by stipulated facts.|
|I understand that if a standard range sentence is imposed, the sentence cannot be appealed by anyone. If an exceptional sentence is imposed after a contested hearing, either the State or I 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.|
|(k)||I understand that I will be ineligible to vote until that right is restored in a manner described in RCW 10.64____ [2005 Wash. Laws 246 § 1]. If I am registered to vote, my voter registration will be cancelled. Wash. Const. art. VI, § 3, RCW 29A.04.079, 29A.08.520.|
|(l)||Public assistance will be suspended during any period of imprisonment.|
|(m)||I understand that I will be required to have a biological sample collected for purposes of DNA identification analysis. For offenses committed on or after July 1, 2002, I will be required to pay a $100.00 DNA collection fee.|
|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.|
|[n]||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.|
|[o]||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, and up to two years community supervision if the crime was committed prior to July 1, 2000, or up to two years of community custody if the crime was committed on or after July 1, 2000, 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.|
|[p]||If this crime involves a kidnapping offense involving a minor, I will be required to register where I reside, study or work. The specific registration requirements are set forth in the "Offender Registration" Attachment.|
|[q]||If this is a crime of domestic violence, I may be ordered to pay a domestic violence assessment of up to $100.00. If I, or the victim of the offense, have a minor child, the court may order me to participate in a domestic violence perpetrator program approved under RCW 26.50.150.|
|[r]||If this crime involves prostitution, or a drug offense associated with hypodermic needles, I will be required to undergo testing for the human immunodeficiency (HIV/AIDS) virus.|
|The judge may sentence me under the special drug offender sentencing alternative (DOSA) if I qualify under RCW 9.94A.660. Even if I qualify, the judge may order that I be examined by a licensed or certified treatment provider before deciding to impose a DOSA sentence. If the judge decides to impose a DOSA sentence, it could be either a prison-based alternative or a residential chemical dependency treatment-based alternative. If the judge imposes the prison-based alternative, the sentence will consist of a period of total confinement in a state facility for one-half of the midpoint of the standard range. During confinement, I will be required to undergo a comprehensive substance abuse assessment and to participate in treatment. The judge will also impose a term of community custody of at least one-half of the midpoint of the standard range.|
|If the judge imposes the residential chemical dependency treatment-based alternative, the sentence will consist of a term of community custody equal to one-half of the midpoint of the standard sentence range or two years, whichever is greater, and I will have to enter and remain in a certified residential chemical dependency treatment program for a period of three to six months, as set by the court. As part of this sentencing alternative, the court is required to schedule a progress hearing during the period of residential chemical dependency treatment and a treatment termination hearing scheduled three months before the expiration of the term of community custody. At either hearing, based upon reports by my treatment provider and the department of corrections on my compliance with treatment and monitoring requirements and recommendations regarding termination from treatment, the judge may modify the conditions of my community custody or order me to serve a term of total confinement equal to one-half of the midpoint of the standard sentence range, followed by a term of community custody under RCW 9.94A.715.|
|During the term of community custody for either sentencing alternative, the judge could prohibit me from using alcohol or controlled substances, require me to submit to urinalysis or other testing to monitor that status, require me to devote time to a specific employment or training, stay out of certain areas, pay $30.00 per month to offset the cost of monitoring and require other conditions, such as affirmative conditions, and the conditions described in paragraph 6(e). The judge, on his or her own initiative, may order me to appear in court at any time during the period of community custody to evaluate my progress in treatment or to determine if any violations of the conditions of the sentence have occurred. If the court finds that I have violated the conditions of the sentence or that I have failed to make satisfactory progress in treatment, the court may modify the terms of my community custody or order me to serve a term of total confinement within the standard range.|
|[t]||If the judge finds that I have a chemical dependency that has contributed to the offense, the judge may order me to participate in rehabilitative programs or otherwise to perform affirmative conduct reasonably related to the circumstances of the crime for which I am pleading guilty.|
|[u]||If this crime involves the manufacture, delivery, or possession with the intent to deliver methamphetamine, including its salts, isomers, and salts of isomers, or amphetamine, including its salts, isomers, and salts of isomers, a mandatory methamphetamine clean-up fine of $3,000 will be assessed. RCW 69.50.401 (2)(b).|
|[v]||If this crime involves a violation of the state drug laws, my eligibility for state and federal food stamps, welfare, and education benefits will be affected. 20 U.S.C. § 1091(r) and 21 U.S.C. § 862a.|
|[w]||If this crime involves a motor vehicle, my driver's license or privilege to drive will be suspended or revoked.|
|[x]||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).|
|[y]||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[n].|
|[z]||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.|
|[aa]||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.|
|[bb]||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.|
|[cc]||I understand that if I am pleading guilty to the crime of unlawful practices in obtaining assistance as defined in RCW 74.08.331, no assistance payment shall be made for at least six months if this is my first conviction and for at least 12 months if this is my second or subsequent conviction. This suspension of benefits will apply even if I am not incarcerated. RCW 74.08.290.|
|7.||I plead guilty to:|
|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 and the "Offender Registration" Attachment, if applicable. 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.|
|I have read and discussed this statement with the defendant and believe that the defendant is competent and fully understands the statement.|
|Prosecuting Attorney||WSBA No.||Defendant's Lawyer||WSBA No.|
|Print Name||Print Name|
|The foregoing statement was signed by the defendant in open court in the presence of the defendant's lawyer and the undersigned judge. The defendant asserted that [check appropriate box]:|
|&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. The Interpreter's Declaration is attached.|
|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.|
|I am a certified interpreter or have been found otherwise
qualified by the court to interpret in the
which the defendant understands, and I have translated
the ___________________________________ for
(Identify document being translated)
the defendant from English into that language.
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.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency 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.