Opinion
March 3, 2005
AMENDMENTS TO RULES OF COURT
[By orders dated July 14, 2005, the Supreme Court amended CrR 4.2g and IRLJ 6.2(d), effective August 2, 2005.
Additions and deletions are indicated by underlining and lining out respectively, except where the entire rule is new.]
CrR 4.2 PLEAS
(a)-(f) [Unchanged.]
(g) Written Statement. A written statement of the defendant in substantially the form set forth below shall be filed on a plea of guilty:
SUPERIOR COURT OF WASHINGTON FOR
STATE OF WASHINGTON No. _____________________________, Plaintiff STATEMENT OF DEFENDANT vs. ON PLEA OF GUILTY TO NON-SEX OFFENSE _____________________________, (STTDFG) Defendant
1. My true name is: __________________.
2. My age is: __________________.
3. I went through the ________________ grade.
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:
(F) Firearm, (D) other deadly weapon, (V) VUCSA in protected zone, (VH) Veh. Hom., see RCW 46.61.520, (JP) Juvenile present.
(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, 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.150 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 9.94A.411 69.52
-----------------------------------|----------------------------------------| | | | |-----------------------------------|----------------------------------------| | 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 | 9 to 18 months or up to the period of | | by RCW (2) | earned release, whichever is longer. | |-----------------------------------|----------------------------------------| | Offenses under Chapter 69.50 or | 9 to 12 months or up to the period of | | RCW (not sentenced under | earned release, whichever is longer. | | RCW 9.94A.120(6)) | | |-----------------------------------|----------------------------------------|
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. My failure to comply with these conditions will render me ineligible for general assistance, RCW 74.04.005(6)(h), and may result in the Department of Corrections transferring me to a more restrictive confinement status or other sanctions.
(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 unlessthe judge findsthere is a finding of substantial and compelling reasons not to do so. I understand the following regarding exceptional sentences: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.
(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 described in RCW 10.64. ___ [2005 Wash. Laws 246 § 1]. 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) (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.
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.
[m] [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.
[n] [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.
[o] [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.
[p] [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.
[q] [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.
[r] [s] The judge may sentence me under the special drug offender sentencing alternative (DOSA) if I qualify under former RCW 9.94A.120(6) (for offenses committed before July 1, 2001) or RCW 9.94A.660 (for offenses committed on or after July 1, 2001).(Effective for sentences imposed on or after October 1, 2005, the court may sentence me to a prison-based alternative.) This sentence could include a period of total confinement in a state facility for one-half of the midpoint of the standard range plus all of the conditions described in paragraph 6(e). During confinement, I will be required to undergo a comprehensive substance abuse assessment and to participate in treatment. The judge will also impose community custody of at least one-half of the midpoint of the standard range. Effective for sentences imposed on or after October 1, 2005, the judge may sentence me to a residential chemical dependency treatment-based alternative. This sentence could include a term of community custody for one-half of the midpoint of the standard range or two years, whichever is greater, on the condition that I enter and remain in residential chemical dependency treatment for three to six months, plus all of the conditions described in paragraph 6(e). During community custody, I will be required to undergo substance abuse assessment and participate in treatment as provided by the Department of Corrections. At a treatment termination hearing scheduled three months before the expiration of the term of community custody, the judge could impose a term of confinement equal to one-half of the midpoint of the standard sentence range, followed by a term of community custody. During confinement, I would be required to undergo substance abuse assessment and participate in treatment as provided by the Department of Corrections. Any term of community custody imposed upon me under the special drug offender sentencing alternative that must include appropriate substance abuse treatment, a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. Additionally, the judge could prohibit me from using alcohol or controlled substances, require me to devote time to a specific employment or training, stay out of certain areas, pay thirty dollars $30.00 per month to offset the cost of monitoring and require other conditions, including affirmative conditions.
[s] [t] If 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] [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(a)(l)(ii) (2)(b). [u] [v] If this crime involves a violation of the state drug laws, my eligibility for state and federal food stamps, welfare, and education benefits will be affected. 20 U.S.C. § 1091(r) and 21 U.S.C. § 862a. [v] [w] If this crime involves a motor vehicle, my driver's license or privilege to drive will be suspended or revoked. If I have a driver's license, I must now surrender it to the judge. [w] [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(8).
[x] [y] 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 [m] [n]. [y] [z] 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.
[z] [aa] I understand that the offense(s) I am pleading guilty to include a deadly weapon or firearm enhancement. Deadly weapon or firearm 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 or firearm enhancements.
[aa] [bb] 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.
[bb] [cc] 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.
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 and believe that the defendant is competent and fully understands the statement. _______________________________ ______________________________ Prosecuting Attorney WSBA No. Defendant's Lawyer WSBA No. _______________________________ _____________________________ Print Name Print Name
The foregoing statement was signed by the defendant in open court in the presence of the defendant's lawyer and the undersigned judge. The defendant asserted that [check appropriate box]:
(a) The defendant had previously read the entire statement above and that the defendant understood it in full;
(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
(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
INTERPRETER'S DECLARATION
I am a certified interpreter or have been found otherwise qualified by the court to interpret in the ______________________ language, which the defendant understands, and I have translated the ______________________________________ for the defendant from (Identify document being translated) English into that language. 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
Location: _________________________________
SUPERIOR COURT OF WASHINGTON | FOR | | STATE OF WASHINGTON | No. ______________________________, | Plaintiff | | STATEMENT OF DEFENDANT vs. | ON PLEA OF GUILTY TO SEX | OFFENSE (STTDFG) _______________________________, | Defendant |
1. My true name is: ______________________________________.
2. My age is: _________________.
3. I went through the ______________________________ grade.
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:
(f) Firearm, (D) other deadly weapon.
(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 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 | Rape of a child in the second degree committed | | when I was at least 18 years old. | when I was at least 18 years old. | |--------------------------------------------------|------------------------------------------------| | Child molestation in the first degree committed | Indecent liberties by forcible compulsion | | when I was at least 18 years old. | | |--------------------------------------------------|------------------------------------------------| | 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 | |--------------------------------------------------|------------------------------------------------| | Burglary in the first degree. | | ---------------------------------------------------------------------------------------------------
(bb) If the current offense is any sex offense and I have a prior conviction for 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 | Rape of a child in the second degree | |--------------------------------------------------|------------------------------------------------| | 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 | |--------------------------------------------------|------------------------------------------------| | Burglary in the first degree. | | ---------------------------------------------------------------------------------------------------
(ii) If this offense is for a sex offense that is not listed in paragraph 6(f)(i), then in addition to sentencing me to a term of 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.
(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 unlessthe judge findsthere is a finding of substantial and compelling reasons not to do so. I understand the following regarding exceptional sentences: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.
(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 the 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 described in RCW 10.64.___ [2005 Wash. Laws 246 § 1]. 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) (m) I will be required to register where I reside, study or work. The specific registration requirements are described in the "Offender Registration" Attachment.
(m) (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.
(n) (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.
(o) (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 (1) (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 (2) (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, or burglary in the first degree, with a finding of sexual motivation, or(3) (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.
(p) (q) Special sex offender sentencing alternative:
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 commited 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 place 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; 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] [s] If 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.
[s] [t] If this offense involves a motor vehicle, my driver's license or privilege to drive will be suspended or revoked. If I have a driver's license, I must now surrender it to the judge. [t] [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[o] [p]. [u] [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.
[v] [w] I understand that the offense(s) I am pleading guilty to include a deadly weapon or firearm enhancement. Deadly weapon or firearm 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 or firearm enhancements.
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. 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 WSBA No. Defendant's Lawyer WSBA No
_____________________________ ________________________________________
Print Name Print Name
The foregoing statement was signed by the defendant in open court in the presence of his or her lawyer and the undersigned judge. The defendant asserted that [check appropriate box]:
(a) The defendant had previously read the entire statement above and that the defendant understood it in full;
(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
(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 is knowingly, intelligently, and voluntarily made. Defendant understands the charge and the consequences of the plea. There is a factual basis for the plea. The defendant is guilty as charged.
Dated: ____________________ _____________________________ Judge
INTERPRETER'S DECLARATION
I am a certified interpreter or have been found otherwise qualified by the court to interpret in the ____ language, which the defendant understands, and I have translated the _______________________________________ for the defendant from (Identify document being translated) English into that language.
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 Location: ____________________
Case Name: ______________________ Cause No.: _____________
"OFFENDER REGISTRATION" ATTACHMENT: sex offense, or kidnapping offense involving a minor as defined in RCW 9A.44.130. (If required, attach to Statement of Defendant on Plea of Guilty.)
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.
If I leave this state following my sentencing or release from custody but later move back to Washington, I must register within 30 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 30 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.
If I change my residence within a county, I must send 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 written notice of the change of address at least 14 days before moving to the county sheriff in the new county of residence. I must register with the sheriff of the new county within 24 hours of moving, and I must also give 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.
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.
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 lack 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 or within 48 hours, excluding weekends and holidays, after ceasing to have a fixed residence. 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 am 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.
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
(h) [Unchanged.]
IRLJ 6.2 MONETARY PENALTY SCHEDULE FOR INFRACTIONS
(a) Effect of Schedule. The penalty for any infraction listed in this rule may not be changed by local court rule. The court may impose on a defendant a lesser penalty in an individual case. Provided that, whenever the base penalty plus statutory assessments results in a total payment that is not an even dollar amount, the base penalty is deemed to be amended to a higher amount which produces the next greatest even dollar total.
(b) Unscheduled Infractions. The penalty for any infraction not listed in this rule shall be $37, not including statutory assessments. A court may, by local court rule, provide for a different penalty.
(c) Infractions Not Covered. This schedule does not apply to penalties for parking, standing, stopping, or pedestrian infractions established by municipal or county statute. Penalties for those infractions are established by statute or local court rule, but shall be consistent with the philosophy of these rules.
(d) Penalty Schedule. The following infractions shall have the penalty listed, not including statutory assessments. 46.61.150 46.61.155 46.61.605 46.61.655 46.61.645 46.61.370 46.44.080 46.44.105 46.16.240 46.20 46.20 46.16 46.16.010 46.61.400 46.61.400 46.61.050 46.61.180 46.61.145 46.61.310 46.61.140 46.61.425 46.61.110 46.61.290 46.61.100 46.61.615 46.61.135 46.61.050 46.37 46.37.190 46.37.390 46.37.010 46.20.500 46.61.560 46.44 46.16 46.44.105 46.44.105 46.44.036 46.44 46.32.010 46.73 46.09 46.09 46.10 46.10 46.63.110 46.30.020 480-30-095 480-30-095 480-40-075 480-40-075 480-70-400 480-70-400 81.80.190 480-12-180 480-12-180 480-35-090 480-35-090 308-94-070 332-52-030 332-52-030 332-52-030 332-52-030 332-52-030 332-52-030 332-52-030 332-52-030 332-52-030 332-52-050 332-52-050 332-52-050 352-12-010 352-12-020 352-12-030 352-12-040 352-12-050 352-20-010 352-20-020 352-20-030 352-20-040 352-20-050 352-32-030 352-32-035 352-32-040 352-32-050 352-32-053 352-32-056 352-32-060 352-32-070 352-32-075 352-32-080 352-32-090 352-32-100 352-32-110 352-32-155 352-32-157 352-32-195 352-32-220 352-32-230 352-32-235 352-32-260 352-32-265 352-37-030 352-37-080 352-37-090 352-37-100 352-37-110 352-37-130 79A.60.030 79A.60.160 79A.60.160 79A.60.160 79A.60.170 79A.60.170 79A.60.170 79A.60.170 79A.60.170 79A.60.170 79A.60.180 79A.60.180 79A.60.180 79A.60.190 79A.60.200 79A.60.130 79A.60.130 79A.60.130 79A.60.130 79A.60.130 79A.60.130 79A.60.130 352-60-030 352-60-040 352-60-050 352-60-060 352-60-070 352-60-080 352-60-090 352-60-100 352-60-110
Base Penalty (1) Traffic Infractions Second Degree Negligent Driving $250 Wrong way on freeway (RCW ) $177 Wrong way on freeway access (RCW ) $82 Backing on limited access highway (RCW ) $82 Spilling or failure to secure load (RCW ) $82 Throwing or depositing debris on highway (RCW ) $82 Disobeying school patrol (RCW 46.61,385) $82 Passing stopped school bus (with red lights flashing) $82 (RCW ) Violation of posted road restriction (RCW ; $177 RCW (4)) Switching license plates, loan of license or use of another's $82 (RCW 46.16,240) Altering or using altered license plates (RCW ) $82 Operator's Licenses (RCW ) No Valid Driver's License (With Identification) $250 All Other RCW infractions $37 Vehicle Licenses (RCW ) Expired Vehicle License (RCW ) Two months or less $37 Over 2 months $82 Speeding (RCW ) if speed limit is over 40 m.p.h. 1-5 m.p.h. over limit $22 6-10 m.p.h. over limit $32 11-15 m.p.h. over limit $47 16-20 m.p.h. over limit $62 21-25 m.p.h. over limit $77 26-30 m.p.h. over limit $97 31-35 m.p.h. over limit $122 36-40 m.p.h. over limit $147 Over 40 m.p.h. over limit $177 Speeding if speed limit is 40 m.p.h. or less 1-5 m.p.h. over limit $32 6-10 m.p.h. over limit $37 11-15 m.p.h. over limit $52 16-20 m.p.h. over limit $72 21-25 m.p.h. over limit $97 26-30 m.p.h. over limit $122 31-35 m.p.h. over limit $147 Over 35 m.p.h. over limit $177 Speed Too Fast for Conditions (RCW (1)) $37 Rules of the Road Failure to stop (RCW , .210 $37 Failure to yield the right of way $37 (RCW , .190, .205, .210, .235, .300, .365) Following too close (RCW , .635) $37 Failure to signal (RCW ) $37 Improper lane usage or travel (RCW ) $37 Impeding traffic (RCW ) $37 Improper passing (RCW , .115, .120, .125, .130) $37 Prohibited and improper turn (RCW , .295, .305) $37 Crossing double yellow line left of center line $37 (RCW , .130, .140) Operating with obstructed vision (RCW ) $37 Wrong way on one-way street (RCW ) $37 Failure to comply with restrictive signs (RCW ) $37 Accident If an accident occurs in conjunction with any of the listed $62 rules-of-the-road infractions or speed too fast for conditions, the penalty for the infraction shall be: Equipment (RCW ) Illegal use of emergency equipment (RCW ) $82 Defective or modified exhaust systems, mufflers, prevention of noise and smoke (RCW (1) and (3)) First offense (penalty may be waived upon proof to the court of $42 compliance) Second offense within 1 year of first offense $62 Third and subsequent offenses within 1 year of first offense $82 Any other equipment infraction (RCW ) $37 Motorcycles Any infraction relating specifically to motorcycles $37 (including no valid endorsement, RCW ) Parking Illegal parking on roadway (RCW ) $30 Any other parking infraction (not defined by city or $20 county ordinance) Pedestrians Any infraction regarding pedestrians (not defined by city $22 or county ordinance) Bicycles Any infraction regarding bicycles $27 Load Violations (all under RCW , except over license capacity) (see RCW ) Over legal — tires, wheelbase (RCW (1)) (First offense) $67 (Second offense) $97 (Third offense) $112 In addition to the above (RCW (2)) 3 cents per excess pound Over license capacity (RCW 46.16,145) (First offense) $52 (Second offense) $97 (Third offense) $112 Violation of special permit $62 Failure to obtain special permit $62 Failure to submit to being weighed $62 Illegal vehicle combination (RCW ) $62 Illegally transporting mobile home $67 Any other infraction defined in RCW $47 Violation of Federal Motor Carrier Safety Regulations (RCW ) Logbook/Medical Certificate $64 Equipment/All Others $37 Private Carrier (RCW ) Failure to display valid medical exam $64 Violation of daily log book Driver not out of service $64 Driver out of service $90 Off-Road Vehicles (ATV's) (RCW ) Any RCW infraction $42 Snowmobiles (RCW ) Any RCW infraction Failure to respond to notice of infraction or failure to pay penalty $25 (RCW (3)) Failure to provide proof of motor vehicle insurance $250 (RCW ) (2) Commercial Vehicle Infractions Defective Equipment/Driver Safety (auto transp.) $37 (WAC ) Commercial Vehicle License (auto transp.) (WAC (1)) $37 Defective Equipment/Driver Safety (charter/excursion bus) $37 (WAC ) Commercial Vehicle License (charter/excursion bus) $37 (WAC (1)) Defective Equipment/Driver Safety (solid waste transp.) $37 (WAC ) Commercial Vehicle License (solid waste transp.) $37 (WAC (1)) Failure To Have Proof of Insurance (RCW ) $250 Defective Equipment/Driver Safety (WAC ) $37 Commercial Vehicle License (WAC (1)) $37 Defective Equipment/Driver Safety (limousine) (WAC ) $37 Commercial Vehicle License (limousine) (WAC (1)) $37 (3) Parks and Recreation Infractions Display of Snowmobile Registration Number, Decals, and $50 Validation Tabs (WAC ) Off-Read Vehicle Traffic Prohibited (WAC (4)) $37 Travel Off Read or Off Trail (WAC (4)(c)) $37 Spark-Arresting Muffler Required (WAC (4)(h)) $37 Yield Right of Way to: Log Hauling and Gravel Trucks (WAC (4)(1)) $37 Animal-Drawn Vehicles/Persons Riding Animals $37 (WAC (4)(1)) Following Closer Than 150 Feet (WAC (4)(m)) $37 Moving Through Livestock Herd Without Direction $37 (WAC (4)(o)) Parking on the Traveled Portion of the Roadway $30 (WAC (4)(q)) Excessively Rev Vehicle Engine (WAC (4)(r)) $37 Driving/Parking Vehicles (WAC (1)) $37 Bicycles/Motorbikes/Motorcycles on Posted Trails $37 (WAC (3)) Driving Motor Vehicle in Camp (WAC (4)) $37 Moorage and Use of Marine Facilities (WAC ) $37 Moorage Fees (WAC ) $37 Seasonal Permits (WAC ) $37 Use of Onshore Campsites (WAC ) $37 Self-Registration (WAC ) $62 Parking (WAC ) $24 Motor Vehicles on Roads and Trails (WAC ) $62 Speed Limits (WAC ) $37 Vehicles in Snow Areas (WAC ) $62 Trucks and Commercial Vehicles (WAC ) $37 Camping (WAC ) $62 Campsite Reservation (WAC ) $37 Picnicking (WAC ) $37 Park Periods (Unlawful Entry) (WAC ) $62 Park Capacities (WAC ) $37 Peace and Quiet (WAC ) $62 Pets (WAC ) $37 Horseback Riding (WAC ) $37 Use of Nonmotorized Cycles or Similar Devices in State Parks $37 (WAC ) Swimming (WAC ) $37 Games (WAC ) $37 Disrobing (WAC ) $37 Tents, etc., on Beaches (WAC ) $37 Lakes Located Wholly Within State Park Boundaries — Internal $37 Combustion Engines Prohibited (WAC ) Lakes Located Partially Within State Park Boundaries — Internal $37 Combustion Engines Prohibited (WAC ) Solicitation (WAC ) $62 Intoxication in State Park Areas (WAC ) $137 Food and Beverage Containers on Swimming Beaches (WAC ) $37 Use of Metal Detectors in State Parks (WAC ) $37 Self-Registration (WAC 352-32-255) $62 Sno-Park Permit (WAC ) $37 Sno-Park Permit Display (WAC ) $37 Vehicular Traffic — Where Permitted — Generally (WAC ) $62 Equestrian Traffic (WAC ) $37 Pedestrians To Be Granted Right of Way (WAC ) $37 Beach Parking (WAC ) $24 Overnight Parking or Camping Prohibited (WAC ) $62 Speed Limits (WAC ) $37 (4) Boating Infractions Operating Vessel in Negligent Manner (RCW ) $162 No Personal Flotation Device (PFD) on Vessel for Each Person $37 (RCW (1)) Personal Flotation Device Not the Appropriate Size $37 (RCW (1)) Personal Flotation Device Not Readily Accessible $37 (RCW (1)) Observer Required on Board Vessel (RCW (2)) $37 Observer To Continuously Observe (RCW (2)) $37 Failure To Display Skier Down Flag (RCW (2)) $37 Flag/Pole Not to Specifications (RCW (2)) $37 Observer Does Not Meet Minimum Qualifications (RCW $62 (3)) Water Skier Not Wearing Personal Flotation Device $62 (RCW (4)) Overloading of Vessel Beyond Safe Carrying Ability $112 (RCW (1)) Carrying Passengers in Unsafe Manner (RCW (1)) $62 Overpowering of Vessel Beyond Vessel's Ability To Operate Safely $112 (RCW (2)) Person Not Wearing Personal Flotation Device (PFD) on Personal $62 Watercraft (RCW (1)) Failure To Give Accident Information to Law Enforcement $112 (RCW (1)) Motor Propelled Vessels Without Effective Muffler in Good $37 Working Order and Constant Use (RCW (1)) Sound Level in Excess of 90 Decibels for Engines Made Before $37 1/1/94 Using Stationary Test (RCW (1)) Sound Level in Excess of 88 Decibels for Engines Made on or $37 After 1/1/94 Using Stationary Test (RCW (1)) Sound Level in Excess of 75 Decibels Using Shoreline Test $37 (RCW (3)) Removing, Altering or Modifying Muffler or Muffler System $37 (RCW (7)) Manufacturing, Selling, or Offering for Sale Any Vessel Equipped $62 With Noncomplying Muffler or Muffler System (RCW (8)) Vessel Exemption/Exception for Competing in Racing Events $37 Carried on Board Operating Vessel (RCW (8)) Personal Flotation Devices (PFDs) (WAC ) $37 Visual Distress Signals (WAC ) $37 Ventilation (WAC ) $37 Navigation Lights and Sound Signals (WAC ) $37 Steering and Sailing (WAC ) $37 Fire Extinguishing Equipment (WAC ) $37 Backfire Flame Control (WAC ) $37 Liquefied Petroleum Gas (WAC ) $37 Canadian Vessels (WAC ) $37 [Adopted effective September 1, 1992; amended effective June 25, 1993; May 1, 1994; August 15, 1995; June 5, 1996; December 28, 1999; July 22, 2001.]