RULES OF COURT
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO CrR 4.2(g)-STATEMENT DEFENDANT ON PLEA OF GUILTY TO NON-SEX OFFENSE; STATEMENT OF DEFENDANT ON PLEA OF GUILTY TO SEX OFFENSE; "OFFENDER REGISTRATION" ATTACHMENT, JuCR 7.7-STATEMENT ON PLEA OF GUILTY; "OFFENDER REGISTRATION" ATTACHMENT, AND CrRLJ 4.2(g)-"DUI" ATTACHMENT; "OFFENDER REGISTRATION" ATTACHMENT | ))))))))))) | ORDER NO. 25700-A-877 |
Now, therefore, it is hereby
ORDERED:
(a) That the amendments as attached hereto are adopted.
(b) That pursuant to the emergency provisions of GR 9(j)(l), the amendments will be published expeditiously and become effective upon publication.
DATED at Olympia, Washington this 11th day of July, 2007.
| 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 for | ||||||
| State of Washington | , | No. | ||||
| vs. | Plaintiff | Statement of Defendant on Plea of Guilty to Non-Sex Offense (STTDFG) | ||||
| . | ||||||
| Defendant | ||||||
2. My age is: ______________________________________.
3. The last level of education I completed was _______.
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 |
| 1 | ||||||
| 2 | ||||||
| 3 |
(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, under certain circumstances 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.728 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.660) | 9 to 12 months or up to the period of earned release, whichever is longer. |
If I have not completed my maximum term of total confinement and I am subject to a third violation hearing and the Department of Corrections finds that I committed the violation, the Department of Corrections may return me to a state correctional facility to serve up to the remaining portion of my sentence.
(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 provided by law. 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, unless the court finds that imposing the fee will cause me undue hardship.
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.
[(s]) 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, or 12 months, whichever
is greater. 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 I am subject to community custody and 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 may 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(13).
(y) If I am pleading guilty to felony driving under the influence of intoxicating liquor or any drugs, or felony actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, in addition to the provisions of chapter 9.94A RCW, I will be required to undergo alcohol or chemical dependency treatment services during incarceration. I will be required to pay the costs of treatment unless the court finds that I am indigent. My driving privileges will be suspended, revoked or denied. Following the period of suspension, revocation or denial, I must comply with ignition interlock devise requirements.
[(yz]) 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].
[(zaa]) 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.
[(aabb]) I understand that the offense(s) I am pleading
guilty to include a Violation of the Uniform Controlled
Substances Act in a protected zone enhancement or manufacture
of methamphetamine when a juvenile was present in or upon the
premises of manufacture enhancement. I understand these
enhancements are mandatory and that they must run
consecutively to all other sentencing provisions.
[(bbcc]) I understand that the offense(s) I am pleading
guilty to include a deadly weapon, firearm, or sexual
motivation enhancement. Deadly weapon, firearm, or sexual
motivation 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, firearm, or
sexual motivation enhancements.
[(ccdd]) 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.
[(ddee]) 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.
[(eeff]) The judge may authorize work ethic camp. To
qualify for work ethic authorization my term of total
confinement must be more than twelve months and less than
thirty-six months, I can not currently be either pending
prosecution or serving a sentence for violation of the uniform
controlled substance act and I can not have a current or prior
conviction for a sex or violent offense.
7. I plead guilty to:
count _______________________________________________
count _______________________________________________
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 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.
| Defendant | ||||
| I have read and discussed this
statement with the
defendant |
||||
| Prosecuting Attorney | Defendant's Lawyer | |||
| Print Name | WSBA No. | Print Name | WSBA No. | |
&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.
| Dated: | |||
| Judge |
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 | ||||
| Print Name | ||||
| Location: | ||||
| Superior Court of Washington | |||||||
| No. | |||||||
| State of Washington | , | ||||||
| vs. | Plaintiff | Statement of Defendant on Plea of Guilty to Sex Offense (STTDFG) | |||||
| . | |||||||
| Defendant | |||||||
2. My age is: ______________________________________.
3. The last level of education I completed was _______.
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 |
| 1 | ||||||
| 2 | ||||||
| 3 |
(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 sex offenses 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 the period of confinement is more than one year, the judge will order me to serve three years of community custody or up to the period of earned early 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.
For sex offenses committed on or after July 1, 2000 but prior to September 1, 2001: 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 period of confinement is over one year, the judge will sentence me to community custody for a period of 36 to 48 months or up to the period of earned release, whichever is longer. During the period of community custody to which I am sentenced, I will be under the supervision of the Department of Corrections, and I will have restrictions and requirements placed upon me.
For sex offenses committed on or after September 1, 2001:
(i) Sentencing under RCW 9.94A.712: If this offense is for any of the offenses listed in subsections (aa) or (bb), below, the judge will impose a maximum term of confinement consisting of the statutory maximum sentence of the offense and a minimum term of confinement either within the standard range for the offense or outside the standard range if an exceptional sentence is appropriate. The minimum term of confinement that is imposed may be increased by the Indeterminate Sentence Review Board if the Board determines by a preponderance of the evidence that it is more likely than not that I will commit sex offenses if released from custody. In addition to the period of confinement, I will be sentenced to community custody for any period of time I am released from total confinement before the expiration of the maximum sentence. 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, which may include electronic monitoring, and I may be required to participate in rehabilitative programs.
(aa) If the current offense is any of these offenses or attempt to commit any of these offenses:
| Rape in the first degree | Rape in the second degree |
| Rape of a child in the first degree committed when I was at least 18 years old | Rape of a child in the second degree committed when I was at least 18 years old |
| Child molestation in the first degree committed when I was least 18 years old | Indecent liberties by forcible compulsion |
| Any of the following offenses with a finding of sexual motivation: | |
| 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 |
| Assault of a child in the second degree | Burglary in the first degree |
| Rape in the first degree | Rape in the second degree |
| Rape of a child in the first degree committed when I was at least 18 years old | Rape of a child in the second degree committed when I was at least 18 years old |
| Child molestation in the first degree | Indecent liberties by forcible compulsion |
| Any of the following offenses with a finding of sexual motivation: | |
| 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 |
| Assault of a child in the second degree | Burglary in the first degree |
For sex offenses committed on or after March 20, 2006:
For the following offenses and special allegations, the minimum term shall be either the maximum of the standard sentence range for the offense or 25 years, whichever is greater:
1) If the offense is rape of a child in the first degree, rape of a child in the second degree or child molestation in the first degree and the offense includes a special allegation that the offense was predatory.
2) If the offense is rape in the first degree, rape in the second decree, indecent liberties by forcible compulsion, or kidnapping in the first degree with sexual motivation and the offense includes special allegation that the victim of the offense was under 15 years of age at the time of the offense.
3) If the offense is rape in the first degree, rape in the second degree with forcible compulsion, indecent liberties with forcible compulsion, or kidnapping in the first degree with sexual motivation and this offense includes a special allegation that the victim of the offense was, at the time of the offense, developmentally disabled, mentally disordered, or a frail elder or vulnerable adult.
Community Custody Violations:
If I am subject to a first or second violation hearing and the Department of Corrections finds that I committed the violation, I may receive as a sanction up to 60 days of confinement per violation. If I have not completed my maximum term of total confinement and I am subject to a third violation hearing and the Depart of Corrections finds that I committed the violation, the Department of Corrections may return me to a state correctional facility to serve up to the remaining portion of my sentence.
(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 provided by law. 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 will be required to register where I reside, study or work. The specific registration requirements are described in the "Offender Registration" Attachment.
(n) 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, unless the court finds that imposing the fee will cause me undue hardship.
(o) I will be required to undergo testing for the human immunodeficiency (HIV/AIDS) virus.
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.
[(p]) 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 offense for which I am
charged carries a mandatory sentence of life imprisonment
without the possibility of parole. In addition, if this
offense is (i) 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 (ii)
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,
assault of a child in the second degree, or burglary in the
first degree, with a finding of sexual motivation, or (iii)
any attempt to commit any of the offenses listed in this
sentence and I have at least one prior conviction for one of
these listed offenses in this state, in federal court, or
elsewhere, the offense for which I am charged carries a
mandatory sentence of life imprisonment without the
possibility of parole.
[(q]) Special sex offender sentencing alternative:
In addition to other eligibility requirements under RCW 9.94A.670, to be eligible for the special sex offender sentencing alternative, I understand that I must voluntarily and affirmatively admit that I committed all of the elements of the crime(s) to which I am pleading guilty. I make my voluntary and affirmative admission in my statement in paragraph 11.
For offenses committed before September 1, 2001: The judge may suspend execution of the standard range term of confinement under the special sex offender sentencing alternative (SSOSA) if I qualify under former RCW 9.94A.120(8) (for offenses committed before July 1, 2001) or RCW 9.94A.670 (for offenses committed on or after July 1, 2001). 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, whichever 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; I will have restrictions and requirements placed upon me; and I will be subject to all of the conditions described in paragraph 6(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.
For offenses committed on or after September 1, 2001: The judge may suspend execution of the standard range term of confinement or the minimum term of confinement under the special sex offender sentencing alternative (SSOSA) if I qualify under RCW 9.94A.670. If the judge suspends execution of the standard range term of confinement for a sex offense that is not listed in paragraph 6(f)(i), I will be placed on community custody for the length of the suspended sentence or three years, whichever is greater. If the judge suspends execution of minimum term of confinement for a sex offense listed in paragraph 6(f)(i), I will be placed on community custody for the length of the statutory maximum sentence of the offense. In addition to the term of community custody, I will be ordered to serve up to 180 days of total confinement; I will be ordered to participate in sex offender treatment; I will have restrictions and requirements placed upon me, which may include electronic monitoring; and I will be subject to all of the conditions described in paragraph 6(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.
[(r)] If this is a crime of domestic violence, the court
may order me 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.
[(s]) If I am subject to community custody and 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.
[(t]) If this offense involves a motor vehicle, my
driver's license or privilege to drive will be suspended or
revoked.
[(u]) 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[p].
[(v]) 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.
[(w]) I understand that the offense(s) I am pleading
guilty to include a deadly weapon, firearm or sexual
motivation enhancement. Deadly weapon, firearm, or sexual
motivation 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, firearm, or
sexual motivation enhancements.
(x) For crimes committed on or after July 22, 2007: I understand that if I am pleading guilty to rape of a child in the first, second, or third degree or child molestation in the first, second or third degree, and I engaged, agreed or offered to engage the victim in sexual intercourse or sexual contact for a fee, or if I attempted, solicited another, or conspired to engage, agree or offer to engage the victim in sexual intercourse or sexual contact for a fee, then a one-year enhancement shall be added to the standard sentence range. If I am pleading guilty to more than one offense, the one-year enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to the enhancement.
7. I plead guilty to:
count ___________________________________________
count ___________________________________________
count ___________________________________________
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 and the "Offender Registration" Attachment. 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 | Defendant's Lawyer | |||
| Print Name | WSBA No. | Print Name | WSBA No. | |
&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.
| Dated: | ||||
| Judge |
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 | ||||
| Type or Print Name | ||||
| Location: | ||||
| Case Name | Cause No. | |||
1. General Applicability and Requirements: Because this crime involves a sex offense, or a kidnapping offense involving a minor as defined in RCW 9A.44.130, 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.
2. Offenders Who Leave the State and Return: If I leave this state following my sentencing or release from custody but later move back to Washington, I must register within three business 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 on a vocation in Washington, or attend school in Washington, I 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 I am under the jurisdiction of this state's Department of Corrections.
3. Change of Residence Within State and Leaving the State: If I change my residence within a county, I must send signed 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 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 I must register with the sheriff of the new county within 24 hours of moving. I must also give signed 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 I last registered in Washington State.
4. Additional Requirements Upon Moving to Another State: If I move to another state, or if I work, carry on a vocation, or attend school in another state I 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. I 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 I 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 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 become employed at a public or private institution of higher education, I am required to notify the sheriff for the county of my residence of my 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 my enrollment or employment at a public or private institution of higher education is terminated, I am required to notify the sheriff for the county of my residence of my termination of enrollment or employment within 10 days of such termination. If I attend, or plan to attend, a public or private school regulated under Title 28A RCW or chapter 72.40 RCW, I am required to notify the sheriff of the county of my residence of my intent to attend the school. I 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 I do not have 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. Within 48 hours, excluding weekends and holidays, after losing my fixed residence, I must send signed written notice to the sheriff of the county where I last registered. 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. The weekly report will be on a day specified by the county sheriff's office, and shall occur during normal business hours. I may be required to provide a list of the locations where I 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 me 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 I have a fixed residence and I am designated as a risk level II or III, I must report, in person, every 90 days to the sheriff of the county where I am registered. Reporting shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. If I comply with the 90-day reporting requirement with no violations for at least five years in the community, I may petition the superior court to be relieved of the duty to report every 90 days.
8. Application for a Name Change: If I apply for a name change, I must submit a copy of the application to the county sheriff of the county of my residence and to the state patrol not fewer than five days before the entry of an order granting the name change. 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 five days of the entry of the order. RCW 9A.44.130(7).
| Date: | |||
| Defendant's signature |
| SUPERIOR COURT OF
WASHINGTON COUNTY OF |
|||||||
| JUVENILE COURT | |||||||
| No. | |||||||
| State of Washington | Statement on Plea of Guilty (STJOPG) | ||||||
| vs. | Respondent | ||||||
I am also know 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 Count 1 ________
_______________________________________________________,
the elements of which are _____________________________
_______________________________________________________
_______________________________________________________;
Count 2 _______________________________________________
_______________________________________________________,
the elements of which 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 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 am presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty.
f. 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 RESTITUTION |
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 - 36 [ ] 30 - 40 [ ] 52 - 65 [ ] 80 - 100 [ ] 103 - 129 [ ] 180 - Age 21 | $75/$100 | [ ] As required [ ] ____ |
| [ ] 2 | [ ] 15 - 36 [ ] 30 - 40 [ ] 52 - 65 [ ] 80 - 100 [ ] 103 - 129 [ ] 180 - Age 21 | $75/$100 | [ ] As required [ ] ____ |
| [ ] 3 | [ ] 15 - 36 [ ] 30 - 40 [ ] 52 - 65 [ ] 80 - 100 [ ] 103 - 129 [ ] 180 - Age 21 | $75/$100 | [ ] As required [ ] ____ |
I understand that if I am pleading guilty to two or more offenses, the disposition terms shall run consecutively (one term after the other) subject to the limitations in RCW 13.40.180.
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 by clear and convincing evidence that the standard range sentence would amount to a manifest injustice. 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.
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 if I am pleading guilty to two or more offenses that arise out of the same course of conduct, only the most serious offense will count as an offense in 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 any felony in the commission of which a motor vehicle was used, 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, theft of motor vehicle fuel, 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, or sexual misconduct with a minor in the second degree, communication with a minor for immoral purposes, or attempt, solicitation, or conspiracy to commit a sex offense or a kidnapping offense involving a minor, as defined in RCW 9A.44.130, I will be required to register where I reside, study or work. The specific registration requirements are set forth in the "Offender Registration" Attachment.
[D] DNA TESTING: If this crime involves a felony or stalking, harassment, or communication with a minor for immoral purposes, I will be required to have a biological sample collected 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] DOMESTIC VIOLENCE ASSESSMENT: If this offense involves domestic violence, I may be required to pay a domestic violence assessment of up to $100.
[G] 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.
[H] 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 9.41, 9A.36, 9A.40, 9A.46, and 9A.48 RCW. RCW 13.04.155.
[I] 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.
[J] FEDERAL BENEFITS: I understand that if I am pleading guilty to a felony drug offense, my eligibility for state and federal food stamps and welfare will be affected. 21 U.S.C. § 862a.
[K] MANDATORY MINIMUM SENTENCE: The crime of _______________ has a mandatory minimum sentence of at least ______________ weeks of total confinement. The law does not allow any reduction of this sentence.
[L] 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 restraining 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).
[M] 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 RCW 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 RCW 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 he or she feels is appropriate, up to
the maximum allowed by law.
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 in Attachment "A," if applicable, and I understand it in full. I have been given a copy of this statement. I have no more questions to ask the judge.
| Dated: | |||||
| Respondent | |||||
| I have read and discussed this statement with the respondent and believe that the respondent is competent and fully understands the statement. | |||||
| Deputy Prosecuting Attorney | WSBA No. | Attorney for Respondent | WSBA NO. | ||
| Type or Print Name | Type or Print Name | ||||
&lhlsqbul; (a) The respondent had previously read the entire statement above and that the respondent understood it in full;
&lhlsqbul; (b) The respondent's lawyer had previously read to him or her the entire statement above and that the respondent understood it in full; or
&lhlsqbul; (c) An interpreter had previously read to the respondent the entire statement above and that the defendant understood it in full. The Interpreter's Declaration is attached.
I find the respondent's plea of guilty is knowingly, intelligently, and voluntarily made. Respondent understands the charge and the consequences of the plea. There is a factual basis for the plea. The respondent is guilty as charged.
| Dated: | |||
| Judge/Commissioner |
The respondent 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. | |||
1. General Applicability and Requirements: Because this crime involves a sex offense or a kidnapping offense involving a minor as defined in RCW 9A.44.130, 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.
2. Offenders Who Leave the State and Return: If I leave this state following my sentencing or release from custody but later move back to Washington, I must register within three business 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 on a vocation in Washington, or attend school in Washington, I 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 I am under the jurisdiction of this state's Department of Corrections.
3. Change of Residence Within State and Leaving the State: If I change my residence within a county, I must send signed 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 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 I must register with the sheriff of the new county within 24 hours of moving. I must also give signed 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 I last registered in Washington State.
4. Additional Requirements Upon Moving to Another State: If I move to another state, or if I work, carry on a vocation, or attend school in another state I 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. I 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 I 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 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 become
employed at a public or private institution of higher
education, I am required to notify the sheriff for the county
of my residence of my 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 my enrollment or employment at a public or
private institution of higher education is terminated, I am
required to notify the sheriff for the county of my residence
of my termination of enrollment or employment within 10 days
of such termination. (Effective September 1, 2006). If I
attend, or plan to attend, a public or private school
regulated under Title 28A RCW or chapter 72.40 RCW, I am
required to notify the sheriff of the county of my residence
of my intent to attend the school. I must notify the sheriff
within 10 days of enrolling or 10 days prior to arriving at
the school to attend classes, whichever is earlier. If I am
enrolled on September 1, 2006, I must notify the sheriff
immediately. The sheriff shall promptly notify the principal
of the school.
6. Registration by a Person Who Does Not Have a Fixed Residence: Even if I do not have 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. Within 48 hours, excluding weekends and holidays, after losing my fixed residence, I must send signed written notice to the sheriff of the county where I last registered. 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. The weekly report will be on a day specified by the county sheriff's office, and shall occur during normal business hours. I may be required to provide a list of the locations where I 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 me 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 I have a fixed residence and I am designated as a risk level II or III, I must report, in person, every 90 days to the sheriff of the county where I am registered. Reporting shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. If I comply with the 90-day reporting requirement with no violations for at least five years in the community, I may petition the superior court to be relieved of the duty to report every 90 days.
8. Application for a Name Change: If I apply for a name change, I must submit a copy of the application to the county sheriff of the county of my residence and to the state patrol not fewer than five days before the entry of an order granting the name change. 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 five days of the entry of the order. RCW 9A.44.130(7).
| Date: | |||
| Respondent's signature |
| Case Name: | Cause No.: | |||
Department Of Licensing - DUI Administrative Sanctions
and Reinstatement Provisions (as amended through July 1, 2007
24, 2005)
| ADMINISTRATIVE SANCTIONS - RCW 46.20.3101 | ||
| 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 (Day for day credit for revocation period already served under suspension, revocation, or denial imposed under RCW 46.61.5055 and arising out of the same incident. RCW 46.20.3101(4)) |
| 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 |
| Adult With 0.08 or Greater | 90-Day License Suspension | 2-Year License Revocation |
| Minor 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 | | File and maintain proof of financial responsibility for the future with the Department of Licensing as provided in chapter 46.29 RCW |
| | Present written verification by a company doing business in this state that it has installed the required ignition interlock device on a vehicle owned and/or operated by the person seeking reinstatement | | Present written verification by a company doing business in this state that it has installed the required ignition interlock device on a vehicle owned and/or operated by the person seeking reinstatement |
| | Pay $150 driver's license reissue fee | | Pay $150 driver's license reissue fee |
| | Driver's ability test NOT required | | Satisfactorily complete a driver's ability test |
| TEMPORARY RESTRICTED DRIVER'S LICENSE, RCW 46.20.380, RCW 46.20.391 |
| RCW 46.20.391 provides for a temporary restricted license: $100 fee, proof of functioning ignition interlock and financial responsibility; demonstrated necessity. |
| COURT DUI SENTENCING GRID (RCW 46.61.5055 as
amended through July 1, 2007 |
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); (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 equivalent local ordinance); (3) Neg. Driving 1st (RCW 46.61.5249), (or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522).
| "Within seven years" or "within 10 years" means that the arrest for a prior offense(s) occurred within 7 years or within 10 years of the arrest for the current offense. (as defined in RCW 46.61.5055.) | |||
| 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 |
| 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 ($866 total minimum fine w/statutory assessments****) | $500-$5,000 ($1,121 total minimum fine w/statutory assessments****) | $1,000-$5,000 ($1,971 total minimum fine w/statutory assessments****) |
| Driver's License | 90-Day Suspension | 2-Year Revocation | 3-Year Revocation |
| Ignition Interlock Device | DOL Shall Require** | DOL Shall Require** | DOL Shall Require** |
| 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 |
| Jail Time*** | 2-365 Days (2 consecutive mandatory) | 45-365 Days (45 days mandatory) | 120-365 Days (120 days mandatory) |
| Electronic Home Monitoring* | In Lieu of Mandatory Minimum Jail Time, Not Less Than 30 Days | 90 Days | 150 Days |
| Fine | $500-$5,000 ($1,121 total minimum fine w/statutory assessments****) | $750-$5,000 ($,1,546 total minimum fine w/statutory assessments****) | $1,500-$5,000 ($2,821 total minimum fine w/statutory assessments****) |
| Driver's License | 1-Year Revocation (2 years if BAC refused; RCW 46.61.5055(7)(c)) | 900-Day Revocation (3 years if BAC refused; RCW 46.61.5055(7)(c)) | 4-Year Revocation |
| Ignition Interlock Device | DOL Shall Require** | DOL Shall Require** | DOL Shall Require** |
| Alcohol/Drug Ed. or Treatment | As Determined By The Court | As Determined By The Court | As Determined By The Court |
| ♦ | Amended Convictions: See City of Walla Walla v. Greene, 154 Wn. 2d 722, 116 P. 3d 1008 (2005). |
| * | Electronic Home Monitoring (EHM): For first time offenders, the court may impose electronic home monitoring in lieu of the mandatory minimum jail time. 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. (RCW 46.61.5055.) |
| ** | Ignition Interlock (IID): Effective 6/10/04, DOL shall require after any alcohol related violation of RCW 46.61.502, 46.61.504 or equivalent local ordinances; the court may order IID, setting a calibration level and duration. 46.20.720 (as amended by Laws of 2004, ch. 95). For application in DUI Deferred Prosecution, see: RCW 10.05.140, which requires IID in a deferred prosecution of any alcohol-dependency based case. If the violation was committed while a passenger under 16 was in the vehicle, the court must order installation and use of IID for at least 60 days or extend a previously imposed IID requirement by at least 60 days; IID restrictions begin after any applicable period of suspension, revocation, or denial of driving privileges. RCW 46.61.5055. (As amended by Laws of 2003, ch. 103). |
| *** | 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) The individual: (i) is not to drive a motor vehicle without a valid license to drive and proof of financial responsibility, (ii) is not to drive a motor vehicle while having an alcohol concentration of .08 or more within two hours after driving, (iii) 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 while under the influence of intoxicating liquor. Violation of any mandatory condition requires a minimum penalty of 30 days confinement, which may not be suspended or deferred, and an additional 30 day license suspension. RCW 46.61.5055(9). Courts are required to report violations of mandatory conditions to DOL. RCW 46.61.5055. |
| **** | Statutory Assessments: PSEA 1, RCW 3.62.090(1); Alcohol Violators Fee, RCW 46.61.5054; Criminal Justice Funding (CJF) Penalty, RCW 46.64.055 (Note RCW 3.62.090(1) and (2) apply to CJF penalty); Criminal Conviction Fee, RCW 3.62.085. (Similarly to forfeitable offenses listed in CrRLJ 3.2(r) - (u), statutory assessments are rounded up to the next even dollar amount.) |
| | Felony DUI: With four priors within 10 years, or one prior conviction of Veh. Homicide or Veh. Assault (see above), a current offense is a Class C Felony punished under Chapter 9.94A RCW. |
| Case Name: | Cause No.: | |||
1. General Applicability and Requirements: Because this crime involves sexual misconduct with a minor in the second degree, communication with a minor for immoral purposes, or attempt, solicitation or conspiracy to commit a sex offense, or a kidnapping offense involving a minor, as defined in RCW 9A.44.130, 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.
2. Offenders Who Leave the State and Return: If I leave this state following my sentencing or release from custody but later move back to Washington, I must register within three business 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 on a vocation in Washington, or attend school in Washington, I 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 I am under the jurisdiction of this state's Department of Corrections.
3. Change of Residence Within State and Leaving the State: If I change my residence within a county, I must send signed 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 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 I must register with the sheriff of the new county within 24 hours of moving. I must also give signed 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 I last registered in Washington State.
4. Additional Requirements Upon Moving to Another State: If I move to another state, or if I work, carry on a vocation, or attend school in another state I 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. I 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 I 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 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 become
employed at a public or private institution of higher
education, I am required to notify the sheriff for the county
of my residence of my 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 my enrollment or employment at a public or
private institution of higher education is terminated, I am
required to notify the sheriff for the county of my residence
of my termination of enrollment or employment within 10 days
of such termination. (Effective September 1, 2006.) If I
attend, or plan to attend, a public or private school
regulated under Title 28A RCW or chapter 72.40 RCW, I am
required to notify the sheriff of the county of my residence
of my intent to attend the school. I must notify the sheriff
within 10 days of enrolling or 10 days prior to arriving at
the school to attend classes, whichever is earlier. If I am
enrolled on September 1, 2006, I must notify the sheriff
immediately. The sheriff shall promptly notify the principal
of the school.
6. Registration by a Person Who Does Not Have a Fixed Residence: Even if I do not have 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. Within 48 hours, excluding weekends and holidays, after losing my fixed residence, I must send signed written notice to the sheriff of the county where I last registered. 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. The weekly report will be on a day specified by the county sheriff's office, and shall occur during normal business hours. I may be required to provide a list of the locations where I 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 me 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 I have a fixed residence and I am designated as a risk level II or III, I must report, in person, every 90 days to the sheriff of the county where I am registered. Reporting shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. If I comply with the 90-day reporting requirement with no violations for at least five years in the community, I may petition the superior court to be relieved of the duty to report every 90 days.
8. Application for a Name Change: If I apply for a name change, I must submit a copy of the application to the county sheriff of the county of my residence and to the state patrol not fewer than five days before the entry of an order granting the name change. 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 five days of the entry of the order. RCW 9A.44.130(7).
| Date: | |||
| Defendant's signature |
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.