WSR 22-21-108

RULES OF COURT

STATE SUPREME COURT

[October 13, 2022]

IN THE MATTER OF THE PROPOSED AMENDMENTS TO CrRLJ 7.6—PROBATION

)

ORDER

NO. 25700-A-1469

The Washington Defender Association, having recommended the adoption of the proposed amendments to CrRLJ 7.6—Probation, and the Court having considered the proposed amendments, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

ordered:

(a) That the proposed amendments as shown below are adopted.

(b) That the proposed amendments will be published in the Washington Reports and will become effective January 1, 2023.

dated at Olympia, Washington this 13th day of October, 2022.

		Gonzalez, C.J.
		Gordon McCloud, J.
		Yu, J.
Owens, J.		Montoya-Lewis, J.

CrRLJ 7.6

PROBATION

(a) Probation. After conviction of an offense the defendant may be placed on probation as provided by law.

(b) Jurisdiction. Pursuant to RCW 39.34.180, the court may transfer probation

(c) Revocation or Modification of Probation. The court shall not revoke or modify probation except (1) after a hearing in which the defendant shall be present and apprised of the grounds on which such action is proposed, or (2) upon stipulation of the parties. The defendant is entitled to be represented by a lawyer and may be released pursuant to rule 3.2 pending such hearing. A lawyer shall be appointed for a defendant financially unable to obtain one.The defendant has the right to be physically present at all contestedhearings and any hearing at which the prosecutions seeks to detain the defendant. Thecourt has discretion to allow the defendant to appear through counsel or remotely.

(d) Release Pending Probation Hearing. If the defendant has been arrested for an alleged probation violation, the court shall release the defendant within 24 hours or hold a hearing on the next judicial day to determine release conditions pursuant to rule 3.2.

(e) Timing of Probation Hearing. If a defendant is held in custody on the alleged probation violation, the court must hold a probation hearing in which the defendant has the right to be physically present within two weeks of the defendant's arrest unless the defendant requests a continuance. If the hearing is not set for a date withing two weeks of arrest, the defendant shall be released pending the hearing.

(f) Rights of the Defendant Unless Waived. The defendant is entitled to be represented by a lawyer, and a lawyer shall be appointed for a defendant financially unable to obtain one. Before a probation hearing, the probationer shall be advised of the nature of the alleged violation and provided discovery of evidence supporting the allegation including names and contact information of witnesses. If the defendant seeks to cross examine witnesses, the defendant shall give notice at least three days before the hearing. A defendant who gives such notice shall have the right to confront adverse witnesses unless the court specifically finds good cause for not allowing confrontation. At the hearing, the defendant shall have the right to present evidence and cross-examine any witnesses.

(g) Record of Grounds for Decision. If the court revokes probation, it shall state the grounds for its decision succinctly in the record.