WSR 06-05-013

RULES OF COURT

STATE SUPREME COURT


[ Filed February 3, 2006, 9:25 a.m. ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO CrR 7.1 )

)

 ORDER

NO. 25700-A-847
     The Superior Court Judges' Association having recommended the adoption of the proposed amendment to CrR 7.1, and the Court having determined that the proposed amendment will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

     Now, therefore, it is hereby

     ORDERED:

     (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 2nd day of February, 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 CRIMINAL RULES


RULE 7.1 PROCEDURES BEFORE SENTENCING



     (a) Generally. At the time of, or within 3 days after, a plea, finding, or verdict of guilt of a felony, the court may order that a risk assessment or presentence investigation and report be prepared by the Department of Corrections, when authorized by law. The court shall also then:

     (1) Set a date, time, and place for sentencing in compliance with the time requirements of RCW 9.94A.110 9.94A 500;

     (2) Order the defendant to return at the designated date, time, and place; and

     (3) Set a date at least 10 days before sentencing for delivery of the risk assessment or presentence report, if any, to the court, to the prosecuting attorney, and to the defendant or defense counsel.

     (b) Report. The report of the presentence investigation shall contain the defendant's criminal history, as defined by RCW 9.94A.030, such information about the defendant's characteristics, financial condition, and the circumstances affecting the defendant's behavior as may be relevant in imposing sentence or in the correctional treatment of the defendant, information about the victim, and such other information as may be required by the court.

     (c) Notice of New Evidence. At least 3 days before the sentencing hearing, defense counsel and the prosecuting attorney shall notify opposing counsel and the court of any part of the presentence report that will be controverted by the production of evidence.

     (d) Other Reports. Any interested person, as designated in RCW 9.94A.110 9.94A.500 may submit a report separate from that furnished by the Department of Corrections.

     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.