WSR 15-01-032
[December 3, 2014]
NO. 25700-A-1091
The Superior Court Judges' Association, having recommended the suggested amendments to CrR 3.2Release of Accused, and the Court having considered the amendments and comments submitted thereto;
Now, therefore, it is hereby
(a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites expeditiously.
(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.
(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2015. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Comments submitted by e-mail message must be limited to 1500 words.
DATED at Olympia, Washington this 3rd Day of December, 2014.
For the Court
Madsen, C.J.
Suggested Amendment
CrC 3.2 Release of Accused
Submitted by the Superior Court Judges' Association
Purpose: To bring CrR 3.2 into compliance with State v. Barton, ____ Wn.2d _____ (July 31, 2014) (No. 89390-0).
Suggested Amendment CrR 3.2 RELEASE OF ACCUSED
If the court does not find, or a court has not previously found, probable cause, the accused shall be released without conditions.
(a) Presumption of Release in Noncapital Cases. Any person, other than a person charged with a capital offense, shall at the preliminary appearance or reappearance pursuant to rule 3.2.1 or CrRLJ 3.2.1 be ordered released on the accused's personal recognizance pending trial unless:
(1) the court determines that such recognizance will not reasonably assure the accused's appearance, when required, or
(2) there is shown a likely danger that the accused:
(a) will commit a violent crime, or
(b) will seek to intimidate witnesses, or otherwise unlawfully interfere with the administration of justice.
For the purpose of this rule, "violent crimes" are not limited to crimes defined as violent offenses in RCW 9.94A.030.
In making the determination herein, the court shall, on the available information, consider the relevant facts including, but not limited to, those in subsections (c) and (e) of this rule.
(b) Showing of Likely Failure to Appear-Least Restrictive Conditions of Release. If the court determines that the accused is not likely to appear if released on personal recognizance, the court shall impose the least restrictive of the following conditions that will reasonably assure that the accused will be present for later hearings, or, if no single condition gives that assurance, any combination of the following conditions:
(1) Place the accused in the custody of a designated person or organization agreeing to supervise the accused;
(2) Place restrictions on the travel, association, or place of abode of the accused during the period of release;
(3) Require the execution of an unsecured bond in a specified amount;
(4) Require the execution of a bond in a specified amount and the deposit in the registry of the court in cash or other security as directed, of a sum not to exceed 10 percent of the amount of the bond, such deposit to be returned upon the performance of the conditions of release or forfeited for violation of any condition of release;
(5) (4) Require the execution of a bond with sufficient solvent sureties, or the deposit of cash in lieu thereof;
(6) (5) Require the accused to return to custody during specified hours or to be placed on electronic monitoring, if available; or
(7) (6) Impose any condition other than detention deemed reasonably necessary to assure appearance as required.
If the court determines that the accused must post a secured or unsecured bond, the court shall consider, on the available information, the accused's financial resources for the purposes of setting a bond that will reasonably assure the accused's appearance.
(Remainder of rule unchanged)
Comment: Rule changed to comply with State v. Barton,----Wn2d ----- (7/31/14)
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.