RULES OF COURT
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO NEW MPR 3.5 -- NOTICE OF RESTRICTIONS, CrR 6.16 -- VERDICTS AND FINDINGS AND CrRLJ 6.16 VERDICTS AND FINDINGS | ) ) ) ) ) ) |
ORDER NO. 25700-A-895 |
Now therefore, it is hereby
ORDERED:
(a) That pursuant to the provisions of GR 9(g), the proposed amendment as attached hereto are to be published for comment in the Washington Reports, Washington Register, and on the Washington State Bar Association and Office of the Administrator for the Courts' websites expeditiously.
(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.
(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than 60 days from the published date. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Camilla.Faulk@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.
DATED at Olympia, Washington this 6th day of June, 2008.
| For the Court | |
| Gerry L. Alexander | |
| CHIEF JUSTICE |
| GR 9 COVER SHEET |
Concerning Statutory Notifications Regarding Firearm Restrictions
Purpose:
RCW 9.41.047 was enacted in 1994 as part of an omnibus violence reduction program. See Laws of 1994, 1st Sp. Sess. §§ 101 and 404. This statute provides, in pertinent part, that
At the time a person is ... committed by court order under RCW 71.05.320, 71.34.090 [recodified in 2005 as RCW 71.34.750], or chapter 10.77 RCW for mental health treatment, the ... or committing court shall notify the person, orally and in writing, that the person must immediately surrender any concealed pistol license and that the person may not possess a firearm unless his or her right to do so is restored by a court of record....
The convicting or committing court also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of conviction or commitment.
RCW 9.41.047(1).
A recent informal review of the adequacy of the state's compliance with the above statute indicates that, while some courts are providing the statutorily required notice, many are not. This informal review also established that sufficient information is often not being submitted to the Department of Licensing to allow the Department to match the notice to a specific person's file. In addition, proposed federal legislation would reduce federal provided to states that do not fully report the names of individuals who are ineligible to possess a firearm under 18 U.S.C. § 922 (g)(4) due to the individual having "been adjudicated as a mental defective or has been committed to any mental institution." See H.R. 2640 and S. 2084 (NICS Improvement Amendment Act of 2007).
Providing committed individuals with information regarding the impact of the commitment upon their ability to possess a firearm is only fair. While the failure to provide such notice may present a defense to a state firearms charge, the federal law recognizes no such defense. See United States v. Milheron, 231 F. Supp. 2d 376, 378-81 (D. Maine 2002) (ignorance of the law is not a defense to prosecution for possession a firearm in violation of 18 U.S.C. § 922 (g)(4)). Cf. United States v. Napier, 233 F.3d 394 (6th Cir. 2000) (failure to notify the person restrained by a DV order that federal law bars their possession of a firearm is not a defense to federal prosecution for unlawfully possessing a firearm); United States v. Kafka, 222 F.3d 1129, 1131-32 (9th Cir. 2000) (same).
Adding a new court rule to the Mental Proceedings Rules that outlines the duties mandated by a statute that is buried in Title 9 RCW, will increase the likelihood that individuals who are committed for mental health treatment will receive information that can assist them in avoiding criminal liability and that the government will receive information that can assist it during gun purchase background checks.
NOTICE OF RESTRICTIONS
B. Form. The form shall be in substantially the following form:
| SUPERIOR COURT OF WASHINGTON | ||||
| FOR [ | ] COUNTY | |||
| In re the Detention of: | ) | No. | ||
| ) | NOTICE OF | |||
| Petitioner: | ) | FIREARM | ||
| and | ) | DISABILITY | ||
| Respondent: | ) | |||
| TO THE ABOVE-NAMED RESPONDENT: | ||||
| You are hereby advised that you have been | ||||
| committed by court order under RCW 71.05.320 | ||||
| committed by court order under RCW 71.34.750 | ||||
This document has been read to the respondent.
DATED:
| Respondent's Signature | Judge/Commissioner/Pro Tem | ||||||||||||
| Respondent's Last Name | First Name | Middle Name | |||||||||||
| List any aliases | |||||||||||||
| Residential Street Address | |||||||||||||
| City | State | Zip | |||||||||||
| Date of Birth (month/date/year) | Driver's License/ID Number | ||||||||||||
| Race | Sex | Weight | Height | Eyes | Hair | ||||||||
| Court NCIC # | |||||||||||||
C. Record. A verbatim record of the notice of firearm disability shall be made. The clerk of the court shall forward a copy of the notice of firearm disability to the Department of Licensing, Business & Professions Firearms Unit.
| GR 9 COVER SHEET |
Concerning Not Guilty By Reason of Insanity Verdicts
1. Notification of Firearm Restrictions. RCW 9.41.047
was enacted in 1994 as part of an omnibus violence reduction
program. See Laws of 1994, 1st Sp. Sess. §§ 101 and 404.
This statute provides, in pertinent part, that
At the time a person is ... committed by court order under RCW 71.05.320, 71.34.090 [recodified in 2005 as RCW 71.34.750], or chapter 10.77 RCW for mental health treatment, the ... or committing court shall notify the person, orally and in writing, that the person must immediately surrender any concealed pistol license and that the person may not possess a firearm unless his or her right to do so is restored by a court of record. For purposes of this section a convicting court includes a court in which a person has been found not guilty by reason of insanity.
The convicting or committing court also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of conviction or commitment.
RCW 9.41.047(1).
A recent informal review of the adequacy of the state's compliance with the above statute indicates that, while some courts are providing the statutorily required notice when an individual is acquitted by reason of insanity, many are not. This informal review also established that sufficient information is often not being submitted to the Department of Licensing to allow the Department to match the notice to a specific person's file. In addition, proposed federal legislation would reduce federal provided to states that do not fully report the names of individuals who are ineligible to possess a firearm under 18 U.S.C. § 922 (g)(4) due to the individual having "been adjudicated as a mental defective or has been committed to any mental institution." See H.R. 2640 and S. 2084 (NICS Improvement Amendment Act of 2007).
Providing defendants who are acquitted by reason of insanity (hereinafter "NGI acquittee") with information regarding the impact of the acquittal upon their ability to possess a firearm is only fair. While the failure to provide such notice may present a defense to a state firearms charge, the federal law recognizes no such defense. See United States v. Milheron, 231 F. Supp. 2d 376, 378-81 (D. Maine 2002) (ignorance of the law is not a defense to prosecution for possession a firearm in violation of 18 U.S.C. § 922 (g)(4)). Cf. United States v. Napier, 233 F.3d 394 (6th Cir. 2000) (failure to notify the person restrained by a DV order that federal law bars their possession of a firearm is not a defense to federal prosecution for unlawfully possessing a firearm); United States v. Kafka, 222 F.3d 1129, 1131-32 (9th Cir. 2000) (same).
Adding a new section to CrR 6.16 that outlines the duties mandated by a statute that is buried in Title 9 RCW, will increase the likelihood that NGI acquittees will receive information that can assist them in avoiding criminal liability and that the government will receive information that can assist it during gun purchase background checks.
2. Sex Offender Registration. Persons who are found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense as defined by RCW 9A.44.130(10), are required to register as sex offenders pursuant to RCW 9A.44.130. While persons who plead guilty to a sex offense or kidnapping offense or who are found guilty of a sex offense or kidnapping offense are advised by the court of their obligation to register pursuant to CrR 4.2(g) and CrR 7.2(d)'s adoption of the uniform judgment and sentence, no court rule or statute mandates that the NGI acquittee receive the same information.
Providing an NGI acquittee with information regarding their obligations under RCW 9A.44.130 at the time of the NGI verdict will increase the likelihood that the NGI acquittee will satisfy his or her obligations under the law. Improved compliance with the sex offender registration law by NGI acquittees, increases the ability of law enforcement agencies to keep their communities safe.
3. Time Limits on Collateral Attacks. The legislature in RCW 10.73.090 mandated that collateral attacks on facially valid judgments must generally be brought within one year of the judgment becoming final. This one year time bar has been incorporated into numerous court rules. See, e.g., CrR 7.8(b); CrRLJ 7.8(b); RAP 16.4(d). This one year time bar has been applied by this court to an NGI acquittee's collateral attack. See In re Personal Restraint of Well, 133 Wn.2d 433, 946 P.2d 750 (1997).
Individuals who are convicted of crimes are advised pursuant to statute and court rule of the one year time period for filing a collateral attack. See RCW 10.73.110; CrR 7.2 (b)(6); CrRLJ 7.2 (b)(6). No statute or court rule requires that NGI acquittees receive the same warning. Well, 133 Wn.2d at 443-44.
Providing an NGI acquittee with information regarding the time bar upon filing a collateral attack when the verdict is received will alert the NGI acquittee of the need to act in a timely manner.
(a) Verdicts.
(1) Several Defendants. If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if a jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.
(2) Return of Verdict. When all members of the jury agree upon a verdict, the presiding juror shall complete and sign the verdict form and return it to the judge in open court.
(3) Poll of Jurors. When a verdict or special finding is returned and before it is recorded, the jury shall be polled at the request of any party or upon the court's own motion. If at the conclusion of the poll, all of the jurors do not concur, the jury may be directed to retire for further deliberations or may be discharged by the court.
(b) Special Findings. The court may submit to the jury forms for such special findings which may be required or authorized by law. The court shall give such instruction as may be necessary to enable the jury both to make these special findings or verdicts and to render a general verdict. When a special finding is inconsistent with another special finding or with the general verdict, the court may order the jury to retire for further consideration.
(c) Forms.
(1) Verdict. The verdict of the jury may be in substantially the following form:
| We, the jury, find the defendant guilty (or not guilty) of | |||||
| the crime of | as charged in count | ||||
| number | . | ||||
| Signature of Presiding Juror | |||||
| Was the defendant | (name) | armed | |||||
| with a deadly weapon at the time of the commission of the | |||||||
| crime charged in count number | No ( ) | Yes ( ) | |||||
(1) Procedure When Verdict Received. If a defendant is acquitted of a crime by reason of insanity, the court shall either direct the defendant's release or shall order the defendant's hospitalization or an appropriate alternative treatment as mandated by RCW 10.77.110. Prior to the entry of an appropriate order releasing or detaining the defendant, the court shall advise the defendant: (i) of the need to surrender any firearm and any concealed pistol license, and of the prohibition upon the possession of any firearm or of a concealed pistol license; (ii) of the time limits on the right to collateral attack imposed by RCW 10.73.090 and .100; and (iii) if the defendant is acquitted of a sex offense or kidnapping offense as defined in RCW 9A.44.130, of the need to register as a sex offender or kidnapping offender.
(2) Form of Notice. The form shall be in substantially the following form:
| SUPERIOR COURT OF WASHINGTON | ||
| FOR [ | ] COUNTY | |
| STATE OF WASHINGTON | ) | No. |
| Plaintiff, | ) | NOT GUILTY BY REASON OF |
| vs. | ) | INSANITY |
| ) | ACQUITTEE'S NOTICE OF | |
| ) | ✗ FIREARM DISABILITY | |
| ) ) |
✗ TIME LIMITS ON COLLATERAL ATTACKS | |
| , | ) ) |
SEX OFFENDER OR KIDNAPPING |
| Defendant. | ) ) |
OFFENDER REGISTRATION REQUIREMENTS |
| ) | ||
You are hereby advised that you have been acquitted by reason of insanity of the offense of ____________________.
YOU ARE ADVISED THAT YOU ARE TO IMMEDIATELY SURRENDER ANY FIREARM AND ANY CONCEALED PISTOL LICENSE AND YOU MAY NOT POSSESS A FIREARM OR A CONCEALED PISTOL LICENSE UNTIL YOUR RIGHT HAS BEEN RESTORED BY A COURT OF RECORD.
You are further advised that if you wish to petition or move for collateral attack on any order of hospitalization or order mandating alternative treatment less restrictive than detention in a state hospital, including but not limited to any personal restraint petition, state habeas corpus petition, motion to vacate judgment, motion to withdraw guilty plea, motion for new trial or motion to arrest judgment, you must do so within one year of the final judgment in this matter, except as provided for in RCW 10.73.100. In re Personal Restraint of Well, 133 Wn.2d 433, 946 P.2d 750 (1997).
If the following numbered paragraphs apply, they should initialed by the Defendant and the Judge.
1. General Applicability and Requirements. Because the offense which you have been acquitted of committing by reason of insanity is classified as a sex offense or kidnapping offense in RCW 9A.44.130, you will be required to register with the sheriff of the county of the state of Washington where you reside. If you are not a resident of Washington but you are a student in Washington or you are employed in Washington or you carry on a vocation in Washington, you must register with the sheriff of the county of my school, place of employment, or vocation. You must register immediately upon being acquitted by reason of insanity unless you are in custody, in which case you must register at the time of your release with the person designated by the agency that has you in custody and you must also register within 24 hours of your release with the sheriff of the county of the state of Washington where you will be residing, or if not residing in the state of Washington, where you are a student, where you are employed, or where you carry on a vocation.
2. Offenders Who Leave the State and Return: If you leave this state following your acquittal or release from custody but later move back to Washington, you must register within three business days after moving to this state or within 24 hours after doing so if you are under the jurisdiction of this state's Department of Social and Health Services. If you leave this state following your acquittal or release from custody, but later while not a resident of Washington you become employed in Washington, carry on a vocation in Washington, or attend school in Washington, you must register within three business days after attending school in this state or becoming employed or carrying out a vocation in this state, or within 24 hours after doing so if you are under the jurisdiction of this state's Department of Social and Health Services.
3. Change of Residence Within State and Leaving the State: If you change your residence within a county, you must send signed written notice of your change of residence to the sheriff within 72 hours of moving. If you change your residence to a new county within this state, you must send signed written notice of the change of address at least 14 days before moving to the county sheriff in the new county of residence and you must register with the sheriff of the new county within 24 hours of moving. You must also give signed written notice of your change of address to the sheriff of the county where last registered within 10 days of moving. If you move out of Washington State, you must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom you last registered in Washington State.
4. Additional Requirements Upon Moving to Another State: If you move to another state, or if you work, carry on a vocation, or attend school in another state you must register a new address, fingerprints, and photograph with the new state within 10 days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. You must also send written notice within 10 days of moving to the new state or to a foreign country to the county sheriff with whom you last registered in Washington State.
5. Notification Requirement When Enrolling in or Employed by a Public or Private Institution of Higher Education or Common School (K-12): If you are a resident of Washington and you are admitted to a public or private institution of higher education, you 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 your residence of your intent to attend the institution. If you become employed at a public or private institution of higher education, You are required to notify the sheriff for the county of your residence of your employment by the institution within 10 days of accepting employment or by the first business day after beginning to work at the institution, whichever is earlier. If your enrollment or employment at a public or private institution of higher education is terminated, you are required to notify the sheriff for the county of your residence of your termination of enrollment or employment within 10 days of such termination. If you attend, or plan to attend, a public or private school regulated under Title 28A RCW or chapter 72.40 RCW, you are required to notify the sheriff of the county of your residence of your intent to attend the school. You must notify the sheriff within 10 days of enrolling or 10 days prior to arriving at the school to attend classes, whichever is earlier. The sheriff shall promptly notify the principal of the school.
6. Registration by a Person Who Does Not Have a Fixed Residence: Even if you do not have a fixed residence, you are required to register. Registration must occur within 24 hours of release in the county where you are being supervised if you not have a residence at the time of your release from custody. Within 48 hours, excluding weekends and holidays, after losing your fixed residence, you must send signed written notice to the sheriff of the county where you last registered. If you enter a different county and stay there for more than 24 hours, you will be required to register in the new county. You must also report in person to the sheriff of the county where you are registered on a weekly basis. The weekly report will be on a day specified by the county sheriff's office, and shall occur during normal business hours. You may be required to provide a list of the locations where you have stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining a sex offender's risk level and shall make you subject to disclosure to the public at large pursuant to RCW 4.24.550.
7. Reporting Requirements for Persons Who Are Risk Level II or III: If you have a fixed residence and you are designated as a risk level II or III, you must report, in person, every 90 days to the sheriff of the county where you are registered. Reporting shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. If you comply with the 90-day reporting requirement with no violations for at least five years in the community, you may petition the superior court to be relieved of the duty to report every 90 days.
8. Application for a Name Change: If you apply for a name change, you must submit a copy of the application to the county sheriff of the county of your residence and to the state patrol not fewer than five days before the entry of an order granting the name change. If you receive an order changing your name, you must submit a copy of the order to the county sheriff of the county of your residence and to the state patrol within five days of the entry of the order. RCW 9A.44.130(7).
The warning regarding firearms has been read to the defendant.
DATED:
| Judge/Commissioner/Pro Tem | |||||||||||||
| Defendant's Signature | |||||||||||||
| Defendant's Last Name | First Name | Middle Name | |||||||||||
| List any aliases | |||||||||||||
| Residential Street Address | |||||||||||||
| City | State | Zip | |||||||||||
| Date of Birth (month/date/year) | Driver's License/ID Number | ||||||||||||
| Race | Sex | Weight | Height | Eyes | Hair | ||||||||
| Court NCIC # | |||||||||||||
(3) Record. A verbatim record of the notice of verdict return proceedings shall be made. The clerk of the court shall forward a copy of the notice of firearm disability to the Department of Licensing, Business & Professions Firearms Unit.
| GR 9 COVER SHEET |
Concerning Not Guilty By Reason of Insanity Verdicts
1. Notification of Firearm Restrictions. RCW 9.41.047 was enacted in 1994 as part of an omnibus violence reduction program. See Laws of 1994, 1st Sp. Sess. §§ 101 and 404. This statute provides, in pertinent part, that
At the time a person is ... committed by court order under RCW 71.05.320, 71.34.090 [recodified in 2005 as RCW 71.34.750], or chapter 10.77 RCW for mental health treatment, the ... or committing court shall notify the person, orally and in writing, that the person must immediately surrender any concealed pistol license and that the person may not possess a firearm unless his or her right to do so is restored by a court of record. For purposes of this section a convicting court includes a court in which a person has been found not guilty by reason of insanity.
The convicting or committing court also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of conviction or commitment.
RCW 9.41.047(1).
A recent informal review of the adequacy of the state's compliance with the above statute indicates that, while some courts are providing the statutorily required notice when an individual is acquitted by reason of insanity, many are not. This informal review also established that sufficient information is often not being submitted to the Department of Licensing to allow the Department to match the notice to a specific person's file. In addition, proposed federal legislation would reduce federal provided to states that do not fully report the names of individuals who are ineligible to possess a firearm under 18 U.S.C. § 922 (g)(4) due to the individual having "been adjudicated as a mental defective or has been committed to any mental institution." See H.R. 2640 and S. 2084 (NICS Improvement Amendment Act of 2007).
Providing defendants who are acquitted by reason of insanity (hereinafter "NGI acquittee") with information regarding the impact of the acquittal upon their ability to possess a firearm is only fair. While the failure to provide such notice may present a defense to a state firearms charge, the federal law recognizes no such defense. See United States v. Milheron, 231 F. Supp. 2d 376, 378-81 (D. Maine 2002) (ignorance of the law is not a defense to prosecution for possession a firearm in violation of 18 U.S.C. § 922 (g)(4)). Cf. United States v. Napier, 233 F.3d 394 (6th Cir. 2000) (failure to notify the person restrained by a DV order that federal law bars their possession of a firearm is not a defense to federal prosecution for unlawfully possessing a firearm); United States v. Kafka, 222 F.3d 1129, 1131-32 (9th Cir. 2000) (same).
Adding a new section to CrRLJ 6.16 that outlines the duties mandated by a statute that is buried in Title 9 RCW, will increase the likelihood that NGI acquittees will receive information that can assist them in avoiding criminal liability and that the government will receive information that can assist it during gun purchase background checks.
2. Sex Offender Registration. Persons who are found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense as defined by RCW 9A.44.130(10), are required to register as sex offenders pursuant to RCW 9A.44.130. While persons who plead guilty to a sex offense or kidnapping offense or who are found guilty of a sex offense or kidnapping offense are advised by the court of their obligation to register pursuant to CrRLJ 4.2(g) and CrRLJ 7.2(e)'s adoption of the uniform judgment and sentence, no court rule or statute mandates that the NGI acquittee receive the same information.
Providing an NGI acquittee with information regarding their obligations under RCW 9A.44.130 at the time of the NGI verdict will increase the likelihood that the NGI acquittee will satisfy his or her obligations under the law. Improved compliance with the sex offender registration law by NGI acquittees, increases the ability of law enforcement agencies to keep their communities safe.
3. Time Limits on Collateral Attacks. The legislature in RCW 10.73.090 mandated that collateral attacks on facially valid judgments must generally be brought within one year of the judgment becoming final. This one year time bar has been incorporated into numerous court rules. See, e.g., CrR 7.8(b); CrRLJ 7.8(b); RAP 16.4(d). This one year time bar has been applied by this court to an NGI acquittee's collateral attack. See In re Personal Restraint of Well, 133 Wn.2d 433, 946 P.2d 750 (1997).
Individuals who are convicted of crimes are advised pursuant to statute and court rule of the one year time period for filing a collateral attack. See RCW 10.73.110; CrR 7.2 (b)(6); CrRLJ 7.2 (b)(6). No statute or court rule requires that NGI acquittees receive the same warning. Well, 133 Wn.2d at 443-44.
Providing an NGI acquittee with information regarding the time bar upon filing a collateral attack when the verdict is received will alert the NGI acquittee of the need to act in a timely manner.
(1) Several Defendants. If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if a jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.
(2) Return of Verdict. When all members of the jury agree upon a verdict of guilty or not guilty, the presiding juror shall complete and sign the verdict form and return it to the judge in open court.
(3) Poll of Jurors. When a verdict or special finding is returned and before it is recorded, the jury shall be polled at the request of any party or upon the courts own motion. If at the conclusion of the poll, all of the jurors do not concur, the jury may be directed to retire for further deliberations or may be discharged by the court.
(b) Special Findings. The court may submit to the jury forms for such special findings which may be required or authorized by law. The court shall give such instruction as may be necessary to enable the jury both to make these special findings or verdicts and to render a general verdict. When a special finding is inconsistent with another special finding or with the general verdict, the court may order the jury to retire for further consideration.
(c) Not Guilty By Reason of Insanity.
(1) Procedure When Verdict Received. If a defendant is acquitted of a crime by reason of insanity, the court shall either direct the defendant's release or shall order the defendant's hospitalization or an appropriate alternative treatment as mandated by RCW 10.77.110. Prior to the entry of an appropriate order releasing or detaining the defendant, the court shall advise the defendant: (i) of the need to surrender any firearm and any concealed pistol license, and of the prohibition upon the possession of any firearm or of a concealed pistol license; (ii) of the time limits on the right to collateral attack imposed by RCW 10.73.090 and .100; and (iii) if the defendant is acquitted of a sex offense or kidnapping offense as defined in RCW 9A.44.130, of the need to register as a sex offender or kidnapping offender.
(2) Form of Notice. The form shall be in substantially the following form:
| SUPERIOR COURT OF WASHINGTON | |||||
| FOR [ | ] COUNTY | ||||
| STATE OF WASHINGTON | ) | No. | |||
| Plaintiff, | ) | NOT GUILTY BY REASON OF | |||
| vs. | ) | INSANITY | |||
| ) | ACQUITTEE'S NOTICE OF | ||||
| ) | ✗ FIREARM DISABILITY | ||||
| ) ) |
✗ TIME LIMITS ON COLLATERAL ATTACKS | ||||
| , | ) ) |
SEX OFFENDER OR KIDNAPPING | |||
| Defendant. | ) ) |
OFFENDER REGISTRATION REQUIREMENTS | |||
| ) | |||||
| TO THE ABOVE-NAMED DEFENDANT: | |||||
| You are hereby advised that you have been acquitted by reason of insanity of the offense of | . | ||||
You are further advised that if you wish to petition or move for collateral attack on any order of hospitalization or order mandating alternative treatment less restrictive than detention in a state hospital, including but not limited to any personal restraint petition, state habeas corpus petition, motion to vacate judgment, motion to withdraw guilty plea, motion for new trial or motion to arrest judgment, you must do so within one year of the final judgment in this matter, except as provided for in RCW 10.73.100. In re Personal Restraint of Well, 133 Wn.2d 433, 946 P.2d 750 (1997).
If the following numbered paragraphs apply, they should initialed by the Defendant and the Judge.
1. General Applicability and Requirements. Because the offense which you have been acquitted of committing by reason of insanity is classified as a sex offense or kidnapping offense in RCW 9A.44.130, you will be required to register with the sheriff of the county of the state of Washington where you reside. If you are not a resident of Washington but you are a student in Washington or you are employed in Washington or you carry on a vocation in Washington, you must register with the sheriff of the county of my school, place of employment, or vocation. You must register immediately upon being acquitted by reason of insanity unless you are in custody, in which case you must register at the time of your release with the person designated by the agency that has you in custody and you must also register within 24 hours of your release with the sheriff of the county of the state of Washington where you will be residing, or if not residing in the state of Washington, where you are a student, where you are employed, or where you carry on a vocation.
2. Offenders Who Leave the State and Return: If you leave this state following your acquittal or release from custody but later move back to Washington, you must register within three business days after moving to this state or within 24 hours after doing so if you are under the jurisdiction of this state's Department of Social and Health Services. If you leave this state following your acquittal or release from custody, but later while not a resident of Washington you become employed in Washington, carry on a vocation in Washington, or attend school in Washington, you must register within three business days after attending school in this state or becoming employed or carrying out a vocation in this state, or within 24 hours after doing so if you are under the jurisdiction of this state's Department of Social and Health Services.
3. Change of Residence Within State and Leaving the State: If you change your residence within a county, you must send signed written notice of your change of residence to the sheriff within 72 hours of moving. If you change your residence to a new county within this state, you must send signed written notice of the change of address at least 14 days before moving to the county sheriff in the new county of residence and you must register with the sheriff of the new county within 24 hours of moving. You must also give signed written notice of your change of address to the sheriff of the county where last registered within 10 days of moving. If you move out of Washington State, you must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom you last registered in Washington State.
4. Additional Requirements Upon Moving to Another State: If you move to another state, or if you work, carry on a vocation, or attend school in another state you must register a new address, fingerprints, and photograph with the new state within 10 days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. You must also send written notice within 10 days of moving to the new state or to a foreign country to the county sheriff with whom you last registered in Washington State.
5. Notification Requirement When Enrolling in or Employed by a Public or Private Institution of Higher Education or Common School (K-12): If you are a resident of Washington and you are admitted to a public or private institution of higher education, you 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 your residence of your intent to attend the institution. If you become employed at a public or private institution of higher education, You are required to notify the sheriff for the county of your residence of your employment by the institution within 10 days of accepting employment or by the first business day after beginning to work at the institution, whichever is earlier. If your enrollment or employment at a public or private institution of higher education is terminated, you are required to notify the sheriff for the county of your residence of your termination of enrollment or employment within 10 days of such termination. If you attend, or plan to attend, a public or private school regulated under Title 28A RCW or chapter 72.40 RCW, you are required to notify the sheriff of the county of your residence of your intent to attend the school. You must notify the sheriff within 10 days of enrolling or 10 days prior to arriving at the school to attend classes, whichever is earlier. The sheriff shall promptly notify the principal of the school.
6. Registration by a Person Who Does Not Have a Fixed Residence: Even if you do not have a fixed residence, you are required to register. Registration must occur within 24 hours of release in the county where you are being supervised if you not have a residence at the time of your release from custody. Within 48 hours, excluding weekends and holidays, after losing your fixed residence, you must send signed written notice to the sheriff of the county where you last registered. If you enter a different county and stay there for more than 24 hours, you will be required to register in the new county. You must also report in person to the sheriff of the county where you are registered on a weekly basis. The weekly report will be on a day specified by the county sheriff's office, and shall occur during normal business hours. You may be required to provide a list of the locations where you have stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining a sex offender's risk level and shall make you subject to disclosure to the public at large pursuant to RCW 4.24.550.
7. Reporting Requirements for Persons Who Are Risk Level II or III: If you have a fixed residence and you are designated as a risk level II or III, you must report, in person, every 90 days to the sheriff of the county where you are registered. Reporting shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. If you comply with the 90-day reporting requirement with no violations for at least five years in the community, you may petition the superior court to be relieved of the duty to report every 90 days.
8. Application for a Name Change: If you apply for a name change, you must submit a copy of the application to the county sheriff of the county of your residence and to the state patrol not fewer than five days before the entry of an order granting the name change. If you receive an order changing your name, you must submit a copy of the order to the county sheriff of the county of your residence and to the state patrol within five days of the entry of the order. RCW 9A.44.130(7).
The warning regarding firearms has been read to the defendant.
DATED:
| Judge/Commissioner/Pro Tem | |||||||||||||
| Defendant's Signature | |||||||||||||
| Defendant's Last Name | First Name | Middle Name | |||||||||||
| List any aliases | |||||||||||||
| Residential Street Address | |||||||||||||
| City | State | Zip | |||||||||||
| Date of Birth (month/date/year) | Driver's License/ID Number | ||||||||||||
| Race | Sex | Weight | Height | Eyes | Hair | ||||||||
| Court NCIC # | |||||||||||||
(3) Record. A verbatim record of the notice of verdict return proceedings shall be made. The clerk of the court shall forward a copy of the notice of firearm disability to the Department of Licensing, Business & Professions Firearms Unit.
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 errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.