title: Pleas

text:
CrR 4.2 PLEAS (a) Types. A defendant may plead not guilty, not guilty by reason of insanity, or guilty. (b) Multiple Offenses. Where the indictment or information charges two or more offenses in separate counts, the defendant shall plead separately to each. (c) Pleading Insanity. Written notice of an intention to rely on the insanity defense, and/or a claim of present incompetency to stand trial, must be filed at the time of arraignment or within 10 days thereafter, or at such later time as the court may for good cause permit. All procedures concerning the defense of insanity or the competence of the defendant to stand trial are governed by RCW 10.77. (d) Voluntariness. The court shall not accept a plea of guilty, without first determining that it is made voluntarily, competently and with an understanding of the nature of the charge and the consequences of the plea. The court shall not enter a judgment upon a plea of guilty unless it is satisfied that there is a factual basis for the plea. (e) Agreements. If the defendant intends to plead guilty pursuant to an agreement with the prosecuting attorney, both the defendant and the prosecuting attorney shall, before the plea is entered, file with the court their understanding of the defendant's criminal history, as defined in RCW 9.94A.030. The nature of the agreement and the reasons for the agreement shall be made a part of the record at the time the plea is entered. The validity of the agreement under RCW 9.94A.431 may be determined at the same hearing at which the plea is accepted. (f) Withdrawal of Plea. The court shall allow a defendant to withdraw the defendant's plea of guilty whenever it appears that the withdrawal is necessary to correct a manifest injustice. If the defendant pleads guilty pursuant to a plea agreement and the court determines under RCW 9.94A.431 that the agreement is not consistent with (1) the interests of justice or (2) the prosecuting standards set forth in RCW 9.94A.401-.411, the court shall inform the defendant that the guilty plea may be withdrawn and a plea of not guilty entered. If the motion for withdrawal is made after judgment, it shall be governed by CrR 7.8. (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

, Plaintiff

No.

Statement of Defendant on Plea of Guilty . to Non-Sex Offense (Felony) Defendant (STTDFG)

v.

1.

My true name is:___________________________________________________________.

2.

My age is:

3.

The last level of education I completed was: _____________________________________.

4.

I HAVE BEEN INFORMED AND FULLY UNDERSTAND THAT:

5.

6.

.

(a)

I have the right to representation by a lawyer and 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:

.

I UNDERSTAND I GIVE UP THE FOLLOWING IMPORTANT RIGHTS BY PLEADING GUILTY:

(a)

The right to a speedy and public trial by an impartial jury in the county where the crime was allegedly 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)

The right to be presumed innocent unless the State proves the charge beyond a reasonable doubt or I enter a plea of guilty;

(f)

The right to appeal a finding of guilt after a trial.

IN CONSIDERING THE CONSEQUENCES OF MY GUILTY PLEA, I UNDERSTAND THAT:

(a)

(b)

COUNT NO.

My right to appeal is limited. Each crime with which I am charged carries a maximum sentence, a fine, and a Standard Sentence Range as follows: OFFENDER SCORE

STANDARD RANGE ACTUAL CONFINEMENT (not including enhancements)

PLUS Enhancements*

COMMUNITY CUSTODY

MAXIMUM TERM AND FINE

1 2 3 *The sentencing enhancement codes are: (RPh) Robbery of a pharmacy, (CSG) Criminal street gang involving a minor, (AE) Endangerment while attempting to elude. The following enhancements will run consecutively to all other parts of my entire sentence, including other enhancements and other counts: (F) Firearm, (D) Other deadly weapon, (V) VUCSA in protected zone, (JP) Juvenile present, (VH) Vehicular homicide, see RCW 9.94A.533(7), (P16) Passenger(s) under age 16. (c)

(d)

(e)

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. 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. If I committed the above crime(s) while under age 18 and am sentenced to more than 20 years of confinement: (i) As long as my conviction is not for aggravated first degree murder or certain sex crimes, and I have not been convicted of any crime committed after I turned 18 or committed a disqualifying serious infraction as defined by the Department of Corrections (DOC) in the 12 months before the petition is filed, I may petition the Indeterminate Sentence Review Board (Board) for early release after I have served 20 years. (ii) If I am released early because my petition was granted or by other action of the Board, I will be subject to community custody under the supervision of the DOC for a period of time determined by the Board, up to the length of the court-imposed term of incarceration. I will be required to comply with any conditions imposed by the Board.

(f)

(g)

(h)

(i)

(iii) If I violate the conditions of community custody, the Board may return me to confinement for up to the remainder of the court-imposed term of incarceration. If I committed aggravated murder in the first degree and I was under the age of 18 at the time of the offense: (i) If I was under the age of 16 at the time of the offense, the judge will impose a maximum term of life and impose a minimum term of total confinement of 25 years for that crime. (ii) If I was at least 16 but less than 18 years old at the time of the offense, the judge will impose a maximum term of life and will impose a minimum term of total confinement that is at least 25 years. (iii) During the minimum term, I will not be eligible for earned early release time, home detention, partial confinement, work release, or any form of early release. (iv) After the minimum term, if I am released by the Board, I will be subject to community custody under the supervision of the DOC for a period of time determined by the Board, and must comply with conditions imposed. (v) If I violate the conditions of community custody, the Board may return me to confinement. 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 if 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. In addition to sentencing me to confinement, the judge will order me to pay any mandatory fines or penalties that apply to my case. 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 or waivable. 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. For crimes committed prior to July 1, 2000: In addition to sentencing me to confinement, the judge may order me to serve up to 1 year of community custody if the total period of confinement ordered is not more than 12 months. If the total period of confinement is more than 12 months, and 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 1 year of community custody. If this crime is a vehicular homicide, vehicular assault, or a serious violent offense, the judge will order me to serve at least 2 years of community custody. The actual period of community custody may be longer than my earned early release period. During the period of community custody, I will be under the supervision of the DOC, 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 1 year of community custody if the total period of confinement ordered is not more than 12 months, but only if the crime I have been convicted of falls into one of the offense types listed in the following chart. For the offense of failure to register as a sex offender, regardless of the length of confinement, the judge will sentence me for up to 12 months of community custody. If the total period of confinement ordered is more than 12 months, and 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 term 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.729 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 term will be based on the offense type that dictates the longest term of community custody. OFFENSE TYPE

COMMUNITY CUSTODY TERM

Serious Violent Offenses

36 months

Violent Offenses

18 months

Crimes Against Persons as defined by RCW 9.94A.411(2)

12 months

Offenses under chapter 69.50 or 69.52 RCW (not sentenced under RCW 9.94A.660)

12 months

Offenses involving the unlawful possession of a firearm where the offender is a criminal street gang member or associate

12 months

Certain sentencing alternatives may also include community custody. During the period of community custody, I will be under the supervision of the DOC. For crimes occurring on or after June 28, 2016, the supervision of the DOC cannot exceed the times specified in this paragraph. I may have restrictions and requirements placed upon me, including additional conditions of community custody that may be imposed by the DOC. 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 DOC transferring me to a more restrictive confinement status or other sanctions. If I violate the conditions of my community custody, the DOC may sanction me up to 60 days’ confinement per violation and/or revoke my earned early release, or the DOC may impose additional conditions or other stipulated penalties. The court also has the authority to impose sanctions for any violation. (j)

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. (k)

.

The judge does not have to follow anyone’s recommendation as to sentence. If I was over the age of 18 when I committed this crime, the judge must impose a sentence within the standard range unless the judge finds substantial and compelling reasons not to do so. If I was under the age of 18 when I committed this crime, the judge has the discretion to impose an exceptional sentence downward. 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 1 crime and I have an offender score of more than 9.

(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.

(v)

If I committed this crime under the age of 18, the judge must consider mitigating circumstances related to my youth, including, but not limited to, immaturity, impetuosity, and failure to appreciate risks and consequences, the nature of my surrounding environment and family circumstances, the extent of my participation in the crime, the way familial and peer pressures may have affected me, how youth impacted any legal defense, and any factors suggesting that I might be successfully rehabilitated. If I am convicted of a sentencing enhancement, the court has full discretion to depart from mandatory sentencing enhancements and to take the particular circumstances surrounding my youth into account.

If the court imposes a standard range sentence, then no one may appeal the sentence. If the court imposes an exceptional sentence after a hearing, either the State or I can appeal the sentence.

(l)

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.

(m)

I may not possess, own, or have under my control any firearm, and under federal law any firearm or ammunition, unless my right to do so is restored by the court in which I am convicted or the superior court in Washington State where I live, and by a federal court if required. I must immediately surrender any concealed pistol license(s).

(n)

I will be ineligible to register to vote until that right is restored in a manner provided by law. My right to vote is automatically restored as long as I am not serving a sentence of total confinement (as defined in RCW 29A.08.520) under the jurisdiction of the DOC and not incarcerated for a felony conviction in federal court or any state court other than Washington. If I am sentenced to total confinement under the jurisdiction of the DOC or otherwise incarcerated as described in this subsection, my voter registration will be canceled.

(o)

Government assistance may be suspended during any period of confinement.

(p)

I will be required to have a biological sample collected for purposes of DNA identification analysis.

NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING PARAGRAPHS DO NOT APPLY, COUNSEL AND THE DEFENDANT SHALL STRIKE THEM OUT. THE DEFENDANT AND THE JUDGE SHALL INITIAL ALL PARAGRAPHS THAT DO APPLY.

_____ (q)

This offense is a most serious offense or “strike” as defined by RCW 9.94A.030, and if I have at least 2 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.

_____ (r)

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 1 year of community custody, plus all of the conditions described in paragraph 6(h). 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.

_____ (s)

The judge may sentence me under the Parenting Sentencing Alternative, if I qualify under RCW 9.94A.655. If I am eligible, the judge may order the DOC to complete a risk assessment report, including a family impact statement, or a chemical dependency screening report, or both. If the judge decides to impose the Parenting Sentencing Alternative, the sentence will consist of 12 months of community custody and I will be required to comply with the conditions imposed by the court and by the DOC. At any time during community custody, the court may schedule a hearing to evaluate my progress in treatment or to determine if I have violated the conditions of the sentence. I have the right to assistance of counsel at this hearing, and the court will appoint counsel if I am indigent. The court may modify the conditions of community custody or impose sanctions, including extending the length of participation in the alternative program by no more than 6 months. If the

court finds that I violated the conditions or requirements of the sentence or I failed to make satisfactory progress in treatment, the court may order me to serve a term of total confinement within the standard range for my offense. _____ (t)

If this crime involves kidnapping involving a minor, including unlawful imprisonment involving a minor who is not my child, or if this crime is promoting prostitution in the first or second degree and I have at least one prior conviction for promoting prostitution in the first or second degree, or if this crime is (human) trafficking in the first degree under RCW 9A.40.100(1)(a)(i)(A)(III) or (IV) or (1)(a)(i)(B) (relating to sexually explicit acts or commercial sex acts), I will be required to register where I reside, study, or work. The specific registration requirements are set forth in the “Offender Registration” Attachment.

_____ (u)

If this is a crime of domestic violence, I may be ordered to pay a domestic violence assessment of up to $115.00. 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 43.20A.735. If I am convicted of a violation of a domestic violence protection order, the court shall impose a mandatory fine of $15.00.

_____ (v)

The judge may sentence me under the drug offender sentencing alternative (DOSA) if I qualify under RCW 9.94A.660. If I qualify and the judge is considering a residential substance use disorder treatment-based alternative, the judge may order that I be examined by the DOC 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 substance use disorder 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 use disorder assessment and to participate in treatment. If this crime involves domestic violence, I also will be required to undergo a comprehensive domestic violence assessment and to participate in a domestic violence treatment program provided by a state-certified treatment provider during the term of community custody. The judge will also impose a term of community custody of one-half of the midpoint of the standard range. If the judge imposes the residential substance use disorder treatment-based alternative, the sentence will consist of a 2-year term of community custody and I will have to enter and remain in a certified residential substance use disorder treatment program for up to 6 months, as set by the court. If this crime involves domestic violence, I will be required to undergo a comprehensive domestic violence assessment and to participate in a domestic violence treatment program provided by a state-certified treatment provider. The sentence may also include an indeterminate term of confinement of no more than 30 days in a facility operated under contract by the county in order to facilitate direct transfer to a residential substance use disorder treatment facility. As part of this sentencing alternative, the court is required to schedule a progress hearing during the period of residential substance use disorder treatment and a treatment termination hearing scheduled 3 months before the expiration of the term

of community custody. At either hearing, based upon reports by my treatment provider and the DOC 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.701. 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, or in cases of domestic violence, for monitoring with global positioning system technology for compliance with a nocontact order, and require other conditions, such as affirmative conditions, and the conditions described in paragraph 6(h). The judge, on the judge’s 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 I have violated the conditions of the sentence. 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. _____ (w)

The judge may sentence me under the mental health sentencing alternative (MHSA) if I qualify under RCW 9.94A.695. The sentence will be between 12 and 36 months of community custody and include conditions imposed by the court and by the DOC. At any time during community custody, the court may schedule a hearing to evaluate my progress in treatment or to determine if I have violated the conditions of the sentence. At the review or termination hearing, the court may impose different or additional conditions on me, require me to serve a term of total or partial confinement, or revoke the sentencing alternative and impose a term of total or partial confinement. The judge or the correctional facility may delay my release from confinement to facilitate my treatment plan.

_____ (x)

If I am subject to community custody and the judge finds that I have a chemical dependency disorder 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. Rehabilitative programs may include an order to obtain an evaluation for alcohol or controlled substance chemical dependency treatment. The court may also prohibit me from possessing or consuming alcohol or controlled substances without a valid prescription.

_____ (y)

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, and if a fine is imposed, $3,000 of the fine may not be suspended. RCW 69.50.401(2)(b).

_____ (z)

If this crime involves a violation of the state drug laws, my eligibility for state and federal education benefits may be affected. 20 U.S.C. § 1091(r).

_____ (aa)

I understand that RCW 46.20.285(4) requires that my driver’s license be revoked if the judge finds that I used a motor vehicle in a manner that endangered persons or property during the commission of this felony.

_____ (bb)

I understand that RCW 46.20.265 requires that my driver’s license be revoked if (a) the current offense is a violation under chapter 69.41 [legend drug], 69.50 [violation of the Uniform Controlled Substances Act], or 69.52 [imitation drugs] RCW, and I was under the age of 21 at the time of the offense, or (b) the current offense is a violation under RCW 9.41.040 (unlawful possession of firearm) and I was under the age of 18 at the time of the offense, or (c) the current offense is a violation under chapter 66.44 RCW [alcohol] and I was under the age of 18 at the time of the offense, and if (a), (b), or (c) applies, the court finds that I previously committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW.

_____ (cc)

If this crime involves the offense of vehicular homicide while under the influence of intoxicating liquor, or any drug, as defined by RCW 46.61.520, an impaired driving enhancement of an additional 2 years shall be added to the standard sentence range for vehicular homicide for each prior offense as defined in RCW 46.61.5055(14). All impaired driving enhancements are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other impaired driving enhancements, for all offenses sentenced under chapter 9.94A RCW.

_____ (dd)

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 the Department of Licensing ignition interlock device requirements. In addition to any other costs of the ignition interlock device, I will be required to pay an additional fee of $20 per month.

_____ (ee)

For the crimes of vehicular homicide committed while under the influence of intoxicating liquor, or any drug as defined by RCW 46.61.520, or for vehicular assault committed while under the influence of intoxicating liquor, or any drug as defined by RCW 46.61.522, or for any felony driving under the influence (RCW 46.61.502(6)), or felony physical control under the influence (RCW 46.61.504(6)), the court shall add 12 months to the standard sentence range for each child passenger under the age of 16 who was an occupant in the defendant's vehicle. These enhancements shall be mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other minor child enhancements, for all offenses sentenced under chapter 9.94A RCW.

_____ (ff)

I am pleading guilty to the crime of driving without a required ignition interlock

device (RCW 46.20.740), or the crime of circumventing or tampering with a required ignition interlock device (RCW 46.20.750(1)), and the offense occurred on or after September 26, 2015. The sentence for that offense must be served consecutively with any other sentence imposed for violations of either of those statutes and with any sentence imposed under RCW 46.61.502 (DUI), RCW 46.61.504 (physical control under the influence), or RCW 46.61.5055. The sentence for violation of RCW 46.20.750(1) also must be served consecutively with any sentence imposed under RCW 46.61.520(1)(a) or 46.61.522(1)(b) (vehicular homicide/assault while under the influence of alcohol/drugs). _____ (gg)

For the crimes of felony driving under the influence of intoxicating liquor, or any drug, for vehicular homicide while under the influence of intoxicating liquor, or any drug, or vehicular assault while under the influence of intoxicating liquor, or any drug, the court may order me to reimburse reasonable emergency response costs up to $2,500 per incident.

_____ (hh)

The crime of _______________________________________________ has a mandatory minimum sentence of at least _______ years of total confinement. This law does not apply to crimes committed on or after July 24, 2005, by a juvenile who was tried as an adult after decline of juvenile court jurisdiction. 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(q).

_____ (ii)

I am being sentenced for 2 or more serious violent offenses arising from separate and distinct criminal conduct and the sentences imposed on counts _____ will run consecutively unless the judge finds substantial and compelling reasons to do otherwise.

_____ (jj)

The offense(s) I am pleading guilty to include(s) 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.

_____ (kk)

The offense(s) I am pleading guilty to include(s) 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.

_____ (ll)

If I am pleading guilty to (1) unlawful possession of a firearm(s) in the first or second degree and (2) felony theft of a firearm or possession of a stolen firearm, I am required to serve the sentences for these crimes consecutively to one another. If I am pleading guilty to unlawful possession of more than 1 firearm, I must serve each of the sentences for unlawful possession consecutively to each other.

_____ (mm) If I am pleading guilty to a felony firearm offense as defined in RCW 9.41.010, I may be required to register as a felony firearm offender under RCW 9.41.330. I will be required to register as a felony firearm offender if I committed the felony

firearm offense in conjunction with an offense committed against a person under age 18, or a serious violent offense or offense involving sexual motivation as defined in RCW 9.94A.030. The specific registration requirements are in the “Felony Firearm Offender Registration” Attachment. _____ (nn)

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 6 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.

_____ (oo)

The judge may authorize work ethic camp. To qualify for work ethic authorization, my term of total confinement must be more than 12 months and less than 36 months, I cannot currently be either pending prosecution or serving a sentence for violation of the Uniform Controlled Substances Act, and I cannot have a current or prior conviction for a sex or violent offense.

_____ (pp)

The judge may sentence me under the theft or taking of a motor vehicle sentencing option, RCW 9.94A.711, if I am pleading guilty to one of the following crimes committed on or after July 28, 2019, and the midpoint of the standard sentence range is greater than 1 year: Theft of a motor vehicle (RCW 9A.56.065) or an attempt; Possession of a stolen vehicle (RCW 9A.56.068) or an attempt; Taking a motor vehicle without permission in the first degree (RCW 9A.56.070); or Taking a motor vehicle without permission in the second degree (RCW 9A.56.075). My sentence would include 6 to 12 months of community custody and the sentence of confinement could not exceed the midpoint of the standard range reduced by onethird of the community custody term.

_____ (qq)

If I am pleading guilty to Animal Cruelty in the First Degree I will be permanently prohibited from owning, caring for, or residing with any animal. RCW 16.52.200.

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, including enhancements and domestic violence relationships, if they apply. 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, the “Offender Registration” Attachment, and the “Felony Firearm 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. [ ] An interpreter has interpreted the above paragraphs and my lawyer’s explanation into the __________________ language, which I understand.

Defendant I have read and discussed this statement with the defendant. I believe that the defendant is competent and fully understands the statement.

Prosecuting Attorney

Print Name No.

Defendant's Lawyer

WSBA No.

Print Name

WSBA

The defendant signed the foregoing statement 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 the defendant the entire statement above and that the defendant understood it in full; or

[ ] (c)

An interpreter had previously sight translated to the defendant the entire statement above and that the defendant understood it in full. The Interpreter’s Declaration is included below.

Interpreter’s Declaration: I am a certified or registered interpreter, or have been found otherwise qualified by the court to interpret in the _________________________________ language. I have interpreted this document for the defendant from English into that language. I certify under penalty

of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at (city) Interpreter

, (state) ______, on (date) ________________ Print Name

WA AOC No.

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

Superior Court of Washington for State of Washington v.

, No. Plaintiff Statement of Defendant on Plea of Guilty to . Sex Offense (Felony) Defendant (STTDFG)

1.

My true name is:

2.

My age is:

3.

The last level of education I completed was:

4.

I HAVE BEEN INFORMED AND FULLY UNDERSTAND THAT:

(a) (b)

. . .

I have the right to representation by a lawyer and if I cannot afford to pay for a lawyer, one will be provided at no expense to me. I am charged with: . The elements are: .

5.

6.

I UNDERSTAND I GIVE UP THE FOLLOWING IMPORTANT RIGHTS BY PLEADING GUILTY:

(a)

The right to a speedy and public trial by an impartial jury in the county where the crime was allegedly 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)

The right to be presumed innocent unless the State proves the charge beyond a reasonable doubt or I enter a plea of guilty;

(f)

The right to appeal a finding of guilt after a trial.

IN CONSIDERING THE CONSEQUENCES OF MY GUILTY PLEA, I UNDERSTAND THAT:

(a)

(b)

My right to appeal is limited. 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*

COMMUNITY CUSTODY

MAXIMUM TERM AND FINE

1 2 3 *The sentencing enhancement codes are: (RPh) Robbery of a pharmacy, (CSG) Criminal street gang involving minor, (AE) Endangerment while attempting to elude. The following enhancements will run consecutively to all other parts of my entire sentence, including other enhancements and other counts: (F) Firearm, (D) Other deadly weapon, (SM) Sexual Motivation, RCW 9.94A.533(8), (SCF) Sexual conduct with a child for a fee, RCW 9.94A.533(9), (P16) Passenger(s) under age 16. (c)

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.

(d)

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.

(e)

If I committed the above crime(s) while under age 18 and am sentenced to more than 20 years of confinement: (i)

As long as my conviction is not for aggravated first degree murder or certain sex crimes, and I have not been convicted of any crime committed after I turned 18 or committed a major disqualifying serious infraction as defined by the Department of Corrections (DOC) in the 12 months before the petition is filed, I may petition the Indeterminate Sentence Review Board (Board) for early release after I have served 20 years.

(ii)

If I am released early because my petition was granted or by other action of the Board, I will be subject to community custody under the supervision of the DOC for a period of time determined by the Board, up to the length of the court-imposed term of incarceration. I will be required to comply with any conditions imposed by the Board. If I violate the conditions of community custody, the Board may return me to confinement for up to the remainder of the court-imposed term of

(iii)

incarceration. (f)

If I committed aggravated murder in the first degree and I was under the age of 18 at the time of the offense: (i)

If I was under the age of 16 at the time of the offense, the judge will impose a maximum term of life and impose a minimum term of total confinement of 25 years for that crime.

(ii)

If I was at least 16 but less than 18 years old at the time of the offense, the judge will impose a maximum term of life and will impose a minimum term of total confinement that is at least 25 years.

(iii)

During the minimum term, I will not be eligible for earned early release time, home detention, partial confinement, work release, or any form of early release.

(iv)

After the minimum term, if I am released by the Board, I will be subject to community custody under the supervision of the DOC for a period of time determined by the Board, and must comply with conditions imposed.

(v)

If I violate the conditions of community custody, the Board may return me to confinement.

(g)

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.

(h)

In addition to sentencing me to confinement, the judge will order me to pay any mandatory fines, fees, assessments, or penalties that apply to my case. 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 or waivable. 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.

(i)

For sex offenses committed 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 36 months. During the period of community custody to which I am sentenced, I will be under the supervision of the DOC, 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.507: If this offense is 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 DOC 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 Rape of a child in the second degree committed when I was at least 18 years committed when I was at least 18 years old old Child molestation in the first degree Indecent liberties by forcible committed when I was at least 18 years compulsion 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 Assault of a child in the second 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 of a child in the first degree Child molestation in the first degree

Rape in the second degree Rape of a child in the second 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

(ii) If this offense is a sex offense that is not listed in paragraph 6(i)(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, or if my crime is failure to register as a sex offender, and this is my second or subsequent conviction of that crime, the judge will sentence me to community custody for 36 months. During the period of community custody to which I am sentenced, I will be under the supervision of the DOC, and I will have restrictions and requirements placed upon me, which may include electronic monitoring. 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 degree, indecent liberties by forcible compulsion, or kidnapping in the first degree with sexual motivation and the offense includes a 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 Violation: If I violate the conditions of my community custody, the DOC may sanction me up to 60 days’ confinement per violation and/or revoke my earned early release, or the DOC may impose additional conditions or other stipulated penalties. The court also has the authority to impose sanctions for any violation. (j)

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.

(k)

The judge does not have to follow anyone’s recommendation as to sentence. If I was over the age of 18 when I committed this crime, the judge must impose a sentence within the standard range unless the judge finds substantial and compelling reasons not to do so (except as provided in paragraph 6(i)). If I was under the age of 18 when I committed this crime, the judge has the discretion to impose an exceptional sentence downward. 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.

If I committed this crime under the age of 18, the judge must consider mitigating circumstances related to my youth, including, but not limited to, immaturity, impetuosity, and failure to appreciate risks and consequences, the nature of my surrounding environment and family circumstances, the extent of my participation in the crime, the way familial and peer pressures may have affected me, how youth impacted any legal defense, and any factors suggesting that I might be successfully rehabilitated. If I am convicted of a sentencing enhancement, the court has full discretion to depart from mandatory sentencing enhancements and to take the particular circumstances surrounding my youth into account. If the court imposes a standard range sentence, then no one may appeal the sentence. If the court imposes an exceptional sentence after a hearing, either the State or I can appeal the sentence. (v)

(l)

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.

(m)

I may not possess, own, or have under my control any firearm, and under federal law any firearm or ammunition, unless my right to do so is restored by the court in which I am convicted or the superior court in Washington State where I live, and by a federal court if required. I must immediately surrender any concealed pistol license.

(n)

I will be ineligible to register to vote until that right is restored in a manner provided by law. My right to vote is automatically restored as long as I am not serving a sentence of total confinement (as defined in RCW 29A.08.520) under the jurisdiction of the DOC and not incarcerated for a felony conviction in federal court or any state court other than Washington. If I am sentenced to total confinement under the jurisdiction of the DOC or otherwise incarcerated as described in this subsection, my voter registration will be canceled.

(o)

Government assistance may be suspended during any period of confinement.

(p)

I will be required to register where I reside, study, or work. The specific registration requirements are described in the “Offender Registration” Attachment.

(q)

I will be required to have a biological sample collected for purposes of DNA identification analysis, unless it is established that the Washington State Patrol crime laboratory already has a sample from me for a qualifying offense.

NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING PARAGRAPHS DO NOT APPLY, COUNSEL AND THE DEFENDANT SHALL STRIKE THEM OUT. THE DEFENDANT AND THE JUDGE SHALL INITIAL ALL PARAGRAPHS THAT DO APPLY.

_____ (r)

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.

_____ (s)

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(h). 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(i)(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 the minimum term of confinement for a sex offense listed in paragraph 6(i)(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 if I committed the crime prior to July 1, 2005, or up to 12 months with no early release if I committed the crime on or after July 1, 2005; 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(h). 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.

_____ (t)

If this is a crime of domestic violence, I may be ordered to pay a domestic violence assessment of up to $115.00. 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 43.20A.735. If I am convicted of a violation of a domestic violence protection order, the court shall impose a mandatory fine of $15.00.

_____ (u)

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. Rehabilitative programs may include an order to obtain an evaluation for alcohol or controlled substance chemical dependency treatment. The court may also prohibit me from possessing or consuming alcohol or controlled substances without a valid prescription.

_____ (v)

I understand that RCW 46.20.285(4) requires that my driver’s license be revoked if the judge finds I used a motor vehicle in a manner that endangered persons or property during the commission of this felony.

_____ (w)

I understand that RCW 46.20.265 requires that my driver’s license be revoked if (a) the current offense is a violation under chapter 69.41 [legend drug], 69.50 [violation of the Uniform Controlled Substances Act], or 69.52 [imitation drugs] RCW, and I was under the age of 21 at the time of the offense OR (b) the current offense is a violation under RCW 9.41.040 (unlawful possession of firearm), and I was under the age of 18 at the time of the offense OR (c) the current offense is a violation under chapter 66.44 RCW [alcohol], and I was under the age of 18 at the time of the offense, AND if (a), (b), or (c) applies, the court finds that I previously committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW.

_____ (x)

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 the Department of Licensing ignition interlock device requirements. In addition to any other costs of the ignition interlock device, I will be required to pay an additional fee of $20 per month.

_____ (y)

For the crimes of vehicular homicide committed while under the influence of intoxicating liquor, or any drug as defined by RCW 46.61.520 or for vehicular assault committed while under the influence of intoxicating liquor, or any drug as defined by RCW 46.61.522, or for any felony driving under the influence (RCW 46.61.502(6)), or felony physical control under the influence (RCW 46.61.504(6)), the court shall add 12 months to the standard sentence range for each child passenger under the age of 16 who was an occupant in the defendant's vehicle. These enhancements shall be mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other minor child enhancements, for all offenses sentenced under

chapter 9.94A RCW. _____ (z)

I am pleading guilty to the crime of driving without a required ignition interlock device (RCW 46.20.740), or the crime of circumventing or tampering with a required ignition interlock device (RCW 46.20.750(1)), and the offense occurred on or after September 26, 2015. The sentence for that offense must be served consecutively with any other sentence imposed for violations of either of those statutes and with any sentence imposed under RCW 46.61.502 (DUI), RCW 46.61.504 (physical control under the influence), or RCW 46.61.5055. The sentence for violation of RCW 46.20.750(1) also must be served consecutively with any sentence imposed under RCW 46.61.520(1)(a) or 46.61.522(1)(b) (vehicular homicide/assault while under the influence of alcohol/drugs).

_____ (aa)

For the crimes of felony driving under the influence of intoxicating liquor, or any drug, for vehicular homicide while under the influence of intoxicating liquor, or any drug, or vehicular assault while under the influence of intoxicating liquor, or any drug, the court may order me to reimburse reasonable emergency response costs up to $2,500 per incident.

_____ (bb)

The crime of _______________________________________________ has a mandatory minimum sentence of at least ___________ years of total confinement. This law does not apply to crimes committed on or after July 24, 2005, by a juvenile who was tried as an adult after decline of juvenile court jurisdiction. 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(s).

_____ (cc)

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.

_____ (dd)

If I am pleading guilty to a felony firearm offense as defined in RCW 9.41.010, I may be required to register as a felony firearm offender under RCW 9.41.330. I will be required to register as a felony firearm offender if I committed the felony firearm offense in conjunction with an offense committed against a person under age 18, or a serious violent offense or offense involving sexual motivation as defined in RCW 9.94A.030. The specific registration requirements are in the “Felony Firearm Offender Registration” Attachment.

_____ (ee)

The offense(s) I am pleading guilty to include(s) 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.

_____ (ff)

For crimes committed on or after July 22, 2007: 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 oneyear enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to the enhancement.

_____ (gg)

If I am pleading guilty to patronizing a prostitute or commercial sexual abuse of a minor, a condition of my sentence will be that I not be subsequently arrested for patronizing a prostitute or commercial sexual abuse of a minor. The court will impose crime-related geographical restrictions on me, unless the court finds they are not feasible. If this is my first offense, the court will order me to attend a program designed to educate me about the negative costs of prostitution.

_____ (hh)

If I am pleading guilty to possession of depictions of a minor engaged in sexually explicit conduct in the first or second degree, the court will impose a fee of $1,000 for each depiction or image that is a separate conviction.

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, including enhancements and domestic violence relationships if they apply. This is my statement:

.

12.

[ ] 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. My lawyer has explained to me, and we have fully discussed, all of the above paragraphs and the “Offender Registration” Attachment and the “Felony Firearm 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. [ ] An interpreter has interpreted the above paragraphs and my lawyer’s explanation into the _________________ language, which I understand. 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

Print Name No.

Defendant's Lawyer

WSBA No.

Print Name

WSBA

The defendant signed the foregoing statement in open court in the presence of the defendant's lawyer and the undersigned judge. The defendant asserted that [check appropriate box]: [ ] (a) [ ] (b) [ ] (c)

The defendant had previously read the entire statement above and that the defendant understood it in full; The defendant's lawyer had previously read to the defendant the entire statement above and that the defendant understood it in full; or An interpreter had previously sight translated to the defendant the entire statement above and that the defendant understood it in full. The Interpreter’s Declaration is attached.

Interpreter’s Declaration: I am a certified or registered interpreter, or have been found otherwise qualified by the court to interpret in the _________________________________ language. I have interpreted this document for the defendant from English into that language. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at (city)

Interpreter

, (state)

, on (date)

Print Name

WA AOC No.

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. Date: Judge

FELONY FIREARM REGISTRATION ATTACHMENT Case Name D.O.B.:

Cause No.

“Felony Firearm Registration” Attachment: Registration for Felony Firearm Offenders (If required, attach to the statement of defendant on plea of guilty.) 1. General Applicability and Requirements: I am required to register because this crime involves a felony firearm offense as defined in RCW 9.41.010, and: • after considering statutory factors, the court decided I must register or, • the offense was committed in conjunction with an offense committed against a person under the age of 18, or a serious violent offense involving sexual motivation as defined in RCW 9.94A.030. If I reside in this state, I must personally register with the county sheriff for the county of my residence, whether or not I have a fixed residence. I must register with the county sheriff within 48 hours after the date: (a)

of release from custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility for this offense; or

(b)

the court imposes my sentence, if I receive a sentence that does not include confinement.

2. Register on Every 12-month Anniversary: I must register with the county sheriff not later than 20 days after each 12 month anniversary of the date I am first required to register as described in paragraph 1, above. If I am confined in any correctional institution, state institution or facility, or health care facility throughout the 20-day period after each 12 month anniversary, I must personally appear before the county sheriff not later than 48-hours after release to verify and update, as appropriate, my registration. 3. Change of Residence within State: If I change residence and the new residence address is in this state, I must register with the sheriff of the county of my residence address not later than 48 hours after the change of address. If I change residence within a county, I must update the current registration. 4. Length of Duty to Register: I must continue to register for four years from the date I am first required to register, as described in paragraph 1, above.

Date: Defendant’s signature

“OFFENDER REGISTRATION” ATTACHMENT Case Name Cause No. D.O.B.: “Offender Registration” Attachment: sex offense, or kidnapping offense involving a minor as defined in RCW 9A.44.128. (If required, attach to Statement of Defendant on Plea of Guilty.) 1. General Applicability and Requirements: Because this crime involves a sex offense, or a kidnapping offense involving a minor as defined in RCW 9A.44.128, I will be required to register. If I am a resident of Washington, I must register with the sheriff of the county of the state of Washington where I reside. I must register within three business days of 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 jurisdiction over me. I must also register within three business days of my release with the sheriff of the county of the state of Washington where I will be residing. While in custody, if I am approved for partial confinement, I must register when I transfer to partial confinement with the person designated by the agency that has jurisdiction over me. I must also register within three business days from the end of partial confinement or release from confinement with the sheriff of the county 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 within three business days of 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 jurisdiction over me. I must also register within 3 business days of my release with the sheriff of the county of my school, where I am employed, or where I carry on a vocation. 2. Offenders Who are New Residents, Temporary Residents, or Returning Washington Residents: If I move to Washington or 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. 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. If I am visiting and intend to reside or be present 10 or more days in Washington, then I must register the location where I plan to stay or my temporary address with the sheriff of each county where I will be staying within 3 business days of my arrival. 3. Change of Residence Within State: If I change my residence within a county, I must provide, by certified mail, with return receipt requested or in person, signed written notice of my change of residence to the sheriff within three business days of moving. If I change my residence to a new county within this state, I must register with the sheriff of the new county within three business days of moving. Also within three business days, I must provide, by certified mail, with return receipt requested or in person, signed written notice of my change of address to the sheriff of the county where I last registered. 4. Leaving the State or 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 three business days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. If I move out of state, I must also send written notice within three business 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. Travel Outside the United States: If I intend to travel outside the United States, I must provide signed, written notice of the details of my plan to travel out of the country to the sheriff of the county where

I am registered. Notice must be provided at least 21 days before I travel. Notice may be provided to the sheriff by certified mail, with return receipt requested, or in person. If I cancel or postpone this travel I must notify the sheriff within three days of canceling or postponing my travel or on the departure date I provide in my notice, whichever is earlier. I travel routinely across international borders for work, or if I must travel unexpectedly due to a family or work emergency, I must personally notify the sheriff at least 24 hours before I travel. I must explain to the sheriff in writing why it is impractical for me to comply with the notice required by RCW 9A.44.130(3). 5. Notification Requirement When Enrolling in or Employed by a Public or Private Institution of Higher Education or Common School (K-12): I must give notice to the sheriff of the county where I am registered within three business days: i)

before arriving at a school or institution of higher education to attend classes;

ii)

before starting work at an institution of higher education; or

iii)

After any termination of enrollment or employment at a school or institution of higher education.

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 three business days 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 three business days 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 with the sheriff of the new county not more than three business days after entering 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 must keep an accurate accounting of where I stay during the week and provide it to the county sheriff upon request. 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. 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 three business days of the entry of the order. RCW 9A.44.130(7). Date:

[Adopted effective July 1, 1973; Amended effective September 1, 1983; July 1, 1984; September 1, 1986; September 1, 1991; March 19, 1993; September 1, 1995; November 7, 1995; January 2, 1996; September 1, 1996; April 8, 1997; March 9, 1999; September 1, 1999; December 28, 1999; December 7, 2000; August 3, 2004; April 11, 2006; August 1, 2006; July 31, 2007; August 12, 2008; December, 2009; September, 2010, December, 13, 2011; July 24, 2012; August 20, 2013; August 5, 2014; December 22, 2015; August 2, 2016; March 27, 2018; July 28, 2020; December 29, 2020; September 21, 2021; July 1, 2022, October 31. 2023; August 6, 2024.]

citation: CrR CrR 4.2

rule_number: CrR 4.2


doc_type: court-rule

jurisdiction: wa

title: Joinder of Offenses and Defendants

text: CrR 4. 3 JOINDER OF OFFENSES AND DEFENDANTS (a) Joinder of Offenses. Two or more offenses may be joined in one charging document, with each offense stated in a separate count, when the offenses, whether felonies or misdemeanors or both: (1) Are of the same or similar character, even if not part of a single scheme or plan; or (2) Are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan. (b) Joinder of Defendants. Two or more defendants may be joined in the same charging document: (1) When each of the defendants is charged with accountability for each offense included; (2) When each of the defendants is charged with conspiracy and one or more of the defendants is also charged with one or more offenses alleged to be in furtherance of the conspiracy; or (3) When, even if conspiracy is not charged and all of the defendants are not charged in each count, it is alleged that the several offenses charged: (i) were part of a common scheme or plan; or (ii) were so closely connected in respect to time, place and occasion that it would be difficult to separate proof of one charge from proof of the others. (c) [Reserved.] (d) [Reserved] (e) Improper Joinder. Improper joinder of offenses or defendants shall not preclude subsequent prosecution on the same charge for the charge or defendant improperly joined. [Amended effective September 1, 1986; September 1, 1995.]

license: public-domain-government-work

citation: CrR CrR 4.3

rule_set: CrR

rule_number: CrR 4.3


title: Consolidation For Trial

text: CrR 4.3.1 CONSOLIDATION FOR TRIAL (a) Consolidation Generally. Offenses or defendants properly joined under rule 4.3 shall be consolidated for trial unless the court orders severance pursuant to rule 4.4. (b) Failure to Join Related Offenses. (1) Two or more offenses are related offenses, for purposes of this rule, if they are within the jurisdiction and venue of the same court and are based on the same conduct. (2) When a defendant has been charged with two or more related offenses, the timely motion to consolidate them for trial should be granted unless the court determines that because the prosecuting attorney does not have sufficient evidence to warrant trying some of the offenses at that time, or for some other reason, the ends of justice would be defeated if the motion were granted. A defendant's failure to so move constitutes a waiver of any right of consolidation as to related offenses with which the defendant knew he or she was charged. (3) A defendant who has been tried for one offense may thereafter move to dismiss a charge for a related offense, unless a motion for consolidation of these offenses was previously denied or the right of consolidation was waived as provided in this rule. The motion to dismiss must be made prior to the second trial, and shall be granted unless the court determines that because the prosecuting attorney was unaware of the facts constituting the related offense or did not have sufficient evidence to warrant trying this offense at the time of the first trial, or for some other reason, the ends of justice would be defeated if the motion were granted. (4) Entry of a plea of guilty to one offense does not bar the subsequent prosecution of a related offense unless the plea of guilty was entered on the basis of a plea agreement in which the prosecuting attorney agreed to seek or not to oppose dismissal of other related charges or not to prosecute other potential related charges. (c) Authority of Court To Act on Own Motion. The court may order consolidation for trial of two or more indictments or informations if the offenses or defendants could have been joined in a single charging document under rule 4.3. [Adopted effective July 1, 1973; Former Rule 4.3A adopted effective September 1, 1995; Redesignated as Rule 4.3.1 effective April 3, 2001.]

citation: CrR CrR 4.3.1


title: Severance of Offenses and Defendants

text:
CrR 4.4 SEVERANCE OF OFFENSES AND DEFENDANTS (a) Timeliness of Motion—Waiver. (1) A defendant's motion for severance of offenses or defendants must be made before trial, except that a motion for severance may be made before or at the close of all the evidence if the interests of justice require. Severance is waived if the motion is not made at the appropriate time. (2) If a defendant's pretrial motion for severance was overruled he may renew the motion on the same ground before or at the close of all the evidence. Severance is waived by failure to renew the motion. (b) Severance of Offenses. The court, on application of the prosecuting attorney, or on application of the defendant pursuant to subsection (a), shall grant a severance of offenses whenever before trial or during trial with consent of the defendant, the court determines that severance will promote a fair determination of the defendant's guilt or innocence of each offense. (c) Severance of Defendants. (1) A defendant's motion for severance on the ground that an out-of-court statement of a codefendant referring to him is inadmissible against him shall be granted unless: (i) the prosecuting attorney elects not to offer the statement in the case in chief; or (ii) deletion of all references to the moving defendant will eliminate any prejudice to him from the admission of the statement. (2) The court, on application of the prosecuting attorney, or on application of the defendant other than under subsection (c)(1)(i), should grant a severance of defendants whenever: (i) if before trial, it is deemed necessary to protect a defendant's rights to a speedy trial, or it is deemed appropriate to promote a fair determination of the guilt or innocence of a defendant; or (ii) if during trial upon consent of the severed defendant, it is deemed necessary to achieve a fair determination of the guilt or innocence of a defendant. (3) When such information would assist the court in ruling on a motion for severance of defendants, the court may order the prosecuting attorney to disclose any statements made by the defendants which he intends to introduce in evidence at the trial. (4) The assignment of a separate cause number to each defendant of those named on a single charging document is not considered a severance. Should a defendant desire that the case be severed, the defendant must move for severance. (d) Failure To Prove Grounds for Joinder of Defendants. If, pursuant to section (a), a defendant moves to be severed at the conclusion of the prosecution’s case or of all the evidence, and there is not sufficient evidence to support the grounds upon which the moving defendant was joined or previously denied severance, the court shall grant a severance if, in view of this lack of evidence, failure to sever prejudices the moving defendant. (e) Authority of Court To Act on Own Motion. The court may order a severance of offenses or defendants before trial if a severance could be obtained on motion of a defendant or the prosecution. Comment

Supersedes RCW 10.46.100. [Amended effective December 28, 1990; September 1, 2007; September 1, 2019.]

citation: CrR CrR 4.4

rule_number: CrR 4.4


title: Omnibus Hearing

text:
CrR 4.5 OMNIBUS HEARING (a) When Required. When a plea of not guilty is entered, the court shall set a time for an omnibus hearing. (b) Time. The time set for the omnibus hearing shall allow sufficient time for counsel to (i) initiate and complete discovery; (ii) conduct further investigation of the case, as needed; and (iii) continue plea discussions. (c) Checklist. At the omnibus hearing, the trial court on its own initiative, utilizing a checklist substantially in the form of the omnibus application by plaintiff and defendant (see section (h)) shall: (i) ensure that standards regarding provision of counsel have been complied with; (ii) ascertain whether the parties have completed discovery and, if not, make orders appropriate to expedite completion; (iii) make rulings on any motions, other requests then pending, and ascertain whether any additional motions, or requests will be made at the hearing or continued portions thereof; (iv) ascertain whether there are any procedural or constitutional issues which should be considered; (v) upon agreement of counsel, or upon a finding that the trial is likely to be protracted or otherwise unusually complicated, set a time for a pretrial conference; and (vi) permit defendant to change his plea. (d) Motions. All motions and other requests prior to trial should be reserved for and presented at the omnibus hearing unless the court otherwise directs. Failure to raise or give notice at the hearing of any error or issue of which the party concerned has knowledge may constitute waiver of such error or issue. Checklist forms substantially like the memorandum required by section (h) shall be made available by the court and utilized at the hearing to ensure that all requests, errors and issues are then considered. (e) Continuance. Any and all issues should be raised either by counsel or by the court without prior notice, and if appropriate, informally disposed of. If additional discovery, investigation or preparation, or evidentiary hearing, or formal presentation is necessary for a fair and orderly determination of any issue, the omnibus hearing should be continued from time to time until all matters raised are properly disposed of. (f) Record. A verbatim record (electronic, mechanical or otherwise), shall be made of all proceedings at the hearing. (g) Stipulations. Stipulations by any party shall be binding upon that party at trial unless set aside or modified by the court in the interests of justice. (h) Memorandum. At the conclusion of the hearing, a summary memorandum shall be made indicating disclosure made, rulings and orders of the court, stipulations, and any other matters determined or pending. Such summary memorandum shall be in substantially the following form: Copy Received

Date Filed by Clerk

SUPERIOR COURT OF WASHINGTON FOR (_______________) COUNTY THE STATE OF WASHINGTON, Plaintiff, v. ___________________________, Defendant.

) ) ) ) )

No. ______ OMNIBUS APPLICATION BY PLAINTIFF AND DEFENDANT

Date ____________________. Notice to ______________________________________________________. Purpose: To prepare for trial or plea and to determine the extent of discovery to be granted to each party. I MOTION BY DEFENDANT Comes now the defendant and makes the applications or motions checked off below: 1. To dismiss for failure of the indictment (of information) to state an offense. Granted _____ Denied _____. 2. To sever defendant's case and for separate trial. 3. To sever counts and for a separate trial. 4. To make more definite and certain. 5. For discovery of all oral, written or recorded statements made by defendant to investigating officers or to third parties and in the possession of the plaintiff. 6. For discovery of the names and addresses of plaintiff's witnesses and their statements. 7. To inspect physical or documentary evidence in plaintiff's possession. 8. To suppress physical evidence in plaintiff's possession because of (1) illegal search, (2) illegal arrest. Hearing set for __________. 9. For a hearing under rule 3.5. 10. To suppress evidence of the identification of the defendant. 11. To take the deposition of witnesses. 12. To secure the appearance of a witness at trial or hearing. 13. To inquire into the conditions of pretrial release. Affirmed __________ Modified to __________. To Require the Prosecution 14. To state: (a) If there was an informer involved; (b) Whether he will be called as a witness at the trial; and, (c) To state the name and address of the informer or claim the privilege. 15. To disclose evidence in plaintiff's possession, favorable to defendant on the issue of guilt. 16. To disclose whether it will rely on prior acts or convictions of a similar nature for proof of knowledge or intent. 17. To advise whether any expert witness will be called, and if so, supply: (a) Name of witness, qualifications and subject of testimony; (b) Report. 18. To supply any reports or tests of physical or mental examinations in the control of the prosecution. 19. To supply any reports of scientific tests, experiments, or comparisons and other reports to experts in the control of the prosecution, pertaining to this case. 20. To permit inspection and copying of any books, papers, documents, photographs or tangible objects which the prosecution: (a) Obtained from or belonging to the defendant; or (b) Which will be used at the hearing or trial. 21. To supply any information known concerning a prior conviction of persons whom

the prosecution intends to call as witnesses at the hearing or trial. 22. To inform the defendant of any information he has indicating entrapment of the defendant. Dated this _______ day of ____________________, 19____. ___________________________________ Attorney for Defendant II MOTION BY PLAINTIFF The plaintiff makes the application or motions checked: 1. Defendant to state the general nature of his defense. 2. Defendant to state whether or not he will rely on an alibi and, if so, to furnish a list of his alibi witnesses and their addresses. Granted _____ Denied _____. 3. Defendant to state whether or not he will rely on a defense of insanity at the time of the offense. (a) If so, defendant to supply the name(s) of his witness(es) on the issue, both lay and professional. (b) If so, defendant to permit the prosecution to inspect and copy all medical reports under his control or the control of his attorney. (c) Defendant will also state whether or not he will submit to a psychiatric examination by a doctor selected by the prosecution. 4. Defendant to furnish results of scientific tests, experiments or comparisons and the names of persons who conducted the tests. 5. Defendant to appear in a lineup. 6. Defendant to speak for voice identification by witnesses. 7. Defendant to be fingerprinted. 8. Defendant to pose for photographs (not involving a reenactment of the crime). 9. Defendant to try on articles of clothing. 10. Defendant to permit taking of specimens of material under fingernails. 11. Defendant to permit taking samples of blood, hair and other materials of his body which involve no unreasonable intrusion thereof. 12. Defendant to provide samples of his handwriting. 13. Defendant to submit to a physical external inspection of his body. 14. Defendant to state whether there is any claim of incompetency to stand trial. 15. For discovery of the names and addresses of defendant's witnesses and their statements. 16. To inspect physical or documentary evidence in defendant's possession. 17. To take the deposition(s) of witness(es). 18. To secure the appearance of a witness at trial or hearing. 19. Defendant to state whether his prior convictions will be stipulated or need be proved. 20. Defendant to state whether he will stipulate to the continuous chain of custody of evidence from acquisition to trial. Dated this _______ day of ____________________, 19____. _______________________________ Prosecuting Attorney It is so ordered this _______ day of ___________________, 19____. ___________________________________ Judge

Comment Supersedes RCW 10.46.030 in part.

[Adopted effective July 1, 1973; Amended effective September 1, 1995.]

citation: CrR CrR 4.5

rule_number: CrR 4.5


title: Depositions

text: CrR 4.6 DEPOSITIONS (a) When Taken. The Court may order a deposition when (1) the court finds that a prospective witness may be unable to attend or prevented from attending a trial or hearing, (2) a witness refuses to discuss the case with either counsel and the witness’ testimony is material and necessary, or (3) there is good cause shown to take the deposition. The court at any time after arraignment may upon motion of a party and notice to the parties, order a deposition and require that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place. A witness who is sought to be deposed, or a party, may seek a protective order as provided in the Civil Rules. (b) Notice of Taking. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time and may change the place of taking. (c) How Taken. A deposition shall be taken in the manner provided in civil actions. No deposition shall be used in evidence against any defendant who has not had notice of and an opportunity to participate in or be present at the taking thereof. (d) Use. Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as witness, or as substantive evidence under circumstances permitted by the Rules of Evidence. (e) Objections to Admissibility. Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions. [Adopted effective July 1, 1973; Amended effective September 1, 1983; September 1, 2012.]

citation: CrR CrR 4.6

rule_number: CrR 4.6