Form WPF CR84.0400 SOSA "Felony Judgment and Sentence - Special Sex Offender Sentencing Alternative" - Washington

What Is Form WPF CR84.0400 SOSA?

This is a legal form that was released by the Washington Superior Court - a government authority operating within Washington. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on June 1, 2020;
  • The latest edition provided by the Washington Superior Court;
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Download Form WPF CR84.0400 SOSA "Felony Judgment and Sentence - Special Sex Offender Sentencing Alternative" - Washington

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Superior Court of Washington
County of
No.
State of Washington
, Plaintiff,
Felony Judgment and Sentence
--
vs.
Special Sex Offender Sentencing Alternative
(FJS)
______________________________________,
Defendant.
DOB
[ ] Clerk’s Action Required, para 2.1, 4.1, 4.3a, 4.3b,
PCN:
4.7, 5.2, 5.3, 5.5, 5.7, and 5.8
SID:
[ ] Defendant Used Motor Vehicle
[ ] Juvenile Decline [ ] Mandatory [ ] Discretionary
I. Hearing
1.1
The court conducted a sentencing hearing this date; the defendant, the defendant's lawyer, and the (deputy)
prosecuting attorney were present.
II. Findings
2.1 Current Offenses:
The defendant is guilty of the following offenses, based upon
[ ] guilty plea (date) ____________ [ ] jury-verdict (date) ____________ [ ] bench trial (date) ____________:
Count
Crime
RCW
Class
Date of
(w/subsection)
Crime
Class: FA (Felony-A), FB (Felony-B), FC (Felony-C)
(If the crime is a drug offense, include the type of drug in the second column.)
[ ] Additional current offenses are attached in Appendix 2.1a.
GV
[ ] For the crime(s) charged in Count ____________, domestic violence – intimate partner was pled and
proved.
GV
[ ] For the crime(s) charged in Count ____________, domestic violence – family or household member was
pled and proved.
The defendant is a sex offender who is eligible for the special sex offender sentencing alternative and the court
determines that the sentencing alternative is appropriate. RCW 9.94A.670.
The Prosecuting Attorney [ ] did [ ] did not recommend a special sex offender sentencing alternative.
Felony Judgment and Sentence (FJS)
Page 1 of 14
(RCW 9.94A.500, .505)(WPF CR 84.0400 SOSA (06/2020))
Superior Court of Washington
County of
No.
State of Washington
, Plaintiff,
Felony Judgment and Sentence
--
vs.
Special Sex Offender Sentencing Alternative
(FJS)
______________________________________,
Defendant.
DOB
[ ] Clerk’s Action Required, para 2.1, 4.1, 4.3a, 4.3b,
PCN:
4.7, 5.2, 5.3, 5.5, 5.7, and 5.8
SID:
[ ] Defendant Used Motor Vehicle
[ ] Juvenile Decline [ ] Mandatory [ ] Discretionary
I. Hearing
1.1
The court conducted a sentencing hearing this date; the defendant, the defendant's lawyer, and the (deputy)
prosecuting attorney were present.
II. Findings
2.1 Current Offenses:
The defendant is guilty of the following offenses, based upon
[ ] guilty plea (date) ____________ [ ] jury-verdict (date) ____________ [ ] bench trial (date) ____________:
Count
Crime
RCW
Class
Date of
(w/subsection)
Crime
Class: FA (Felony-A), FB (Felony-B), FC (Felony-C)
(If the crime is a drug offense, include the type of drug in the second column.)
[ ] Additional current offenses are attached in Appendix 2.1a.
GV
[ ] For the crime(s) charged in Count ____________, domestic violence – intimate partner was pled and
proved.
GV
[ ] For the crime(s) charged in Count ____________, domestic violence – family or household member was
pled and proved.
The defendant is a sex offender who is eligible for the special sex offender sentencing alternative and the court
determines that the sentencing alternative is appropriate. RCW 9.94A.670.
The Prosecuting Attorney [ ] did [ ] did not recommend a special sex offender sentencing alternative.
Felony Judgment and Sentence (FJS)
Page 1 of 14
(RCW 9.94A.500, .505)(WPF CR 84.0400 SOSA (06/2020))
[ ] The defendant is a sex offender subject to indeterminate sentencing under RCW 9.94A.507.
The jury returned a special verdict or the court made a special finding with regard to the following:
[ ] The defendant used a firearm in the commission of the offense in Count ______________. RCW 9.94A.825,
9.94A.533.
[ ] The defendant used a deadly weapon other than a firearm in committing the offense in Count
___________________________________. RCW 9.94A.825, 9.94A.533.
[ ] The defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage a victim of child
rape or child molestation in sexual conduct in return for a fee in the commission of the offense in Count _____.
RCW 9.94A.839.
[ ] In count _____________ an internet advertisement in which the victim of the crime was described or depicted
was instrumental in facilitating the commission of the crime. RCW 9.68A.100, RCW 9.68A.101, or
RCW 9.68A.102, Laws of 2013, ch. 9, §1.
[ ] The offense was predatory as to Count ______________. RCW 9.94A.836.
[ ] The victim was under 15 years of age at the time of the offense in Count ________________ RCW 9.94A.837.
[ ] The victim was developmentally disabled, mentally disordered, or a frail elder or vulnerable adult at the time of
the offense in Count ________________. RCW 9.94A.838, 9A.44.010.
[ ] The defendant acted with sexual motivation in committing the offense in Count _________. RCW 9.94A.835.
[ ] This case involves kidnapping in the first degree, kidnapping in the second degree, or unlawful imprisonment as
defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor’s parent. RCW
9A.44.130.
[ ] In count ___________ the defendant committed a robbery of a pharmacy as defined in RCW 18.64.011(21),
RCW 9.94A.____.
[ ] In Count ______________ the defendant has been convicted of assaulting a law enforcement officer or other
employee of a law enforcement agency who was performing his or her official duties at the time of the assault,
as provided under RCW 9A.36.031, and the defendant intentionally committed the assault with what appeared to
be a firearm. RCW 9.94A.831, 9.94A.533.
[ ] Count ________ is a felony in the commission of which the defendant used a motor vehicle. RCW46.20.285.
[ ] The defendant has a chemical dependency that has contributed to the offense(s). RCW 9.94A.607.
[ ] Reasonable grounds exist to believe the defendant is a mentally ill person as defined in RCW 71.24.025, and that
this condition is likely to have influenced the offense. RCW 9.94B.080.
[ ] Counts __________________ encompass the same criminal conduct and count as one crime in determining the
offender score (RCW 9.94A.589).
[ ] Other current convictions listed under different cause numbers used in calculating the offender score are
(list offense and cause number):
Crime
Cause Number
Court (County & State)
DV*
Yes
1.
2.
* DV:Domestic Violence was pled and proved.
[ ] Additional current convictions listed under different cause numbers used in calculating the offender score are
attached in Appendix 2.1b.
Felony Judgment and Sentence (FJS)
Page 2 of 14
(RCW 9.94A.500, .505)(WPF CR 84.0400 SOSA (06/2020))
2.2 Criminal History (RCW 9.94A.525):
Crime
Date of
Date of
Sentencing Court
A or J
Type
DV*
Crime
Sentence
(County & State)
Adult,
of
Yes
Juv.
Crime
1
2
3
4
5
* DV:Domestic Violence was pled and proved.
[ ] Additional criminal history is attached in Appendix 2.2.
[ ] The defendant committed a current offense while on community placement/community custody (adds one point
to score). RCW 9.94A.525.
[ ] The prior convictions listed as number(s) ___________, above, or in appendix 2.2, are one offense for purposes
of determining the offender score (RCW 9.94A.525).
2.3 Sentencing Data:
Count
Offender
Serious-
Plus
Maximum
Standard
Total Standard
No.
Score
ness
Enhancements*
Term
Range
Range
(including
Level
(not including
enhancements)
enhancements)
* (F) Firearm, (D) Other deadly weapons, (RPh) Robbery of a pharmacy, (SM) Sexual motivation, RCW
9.94A.533(8), (SCF) Sexual conduct with a child for a fee, RCW 9.94A.533(9), (ALF) assault law enforcement
with firearm, RCW 9.94A.533(12).
[ ] Additional current offense sentencing data is attached in Appendix 2.3.
For violent offenses, most serious offenses, or armed offenders, recommended sentencing agreements or plea
agreements are [ ] attached [ ] as follows: ______________________________________________________.
2.4 Reserved.
2.5 Legal Financial Obligations/Restitution.
The court has considered the total amount owing, the
defendant's financial resources and the nature of the burden that payment will impose. (RCW 10.01.160). The
court makes the following specific findings:
Felony Judgment and Sentence (FJS)
Page 3 of 14
(RCW 9.94A.500, .505)(WPF CR 84.0400 SOSA (06/2020))
[ ] The defendant is indigent as defined in RCW 10.101.010(3)(a)-(c) because the defendant:
[ ] receives public assistance [ ] is involuntarily committed to a public mental health facility [ ] receives
an annual income, after taxes, of 125 percent or less of the current federal poverty level.
[ ] The defendant is not indigent as definied in RCW 10.101.010(3)(a)-(c).
[ ] The following extraordinary circumstances exist that make restitution inappropriate (RCW
9.94A.753):______________________________________________________________________.
[ ] The defendant has the present means to pay costs of incarceration. RCW 9.94A.760.
2.6 [ ] Felony Firearm Offender Registration.
The defendant committed a felony firearm offense as
defined in RCW 9.41.010, and:
[ ] The defendant should register as a felony firearm offender. The court considered the following factors
in making this determination:
[ ] the defendant’s criminal history.
[ ] whether the defendant has previously been found not guilty by reason of insanity of any offense in
this state or elsewhere.
[ ] evidence of the defendant’s propensity for violence that would likely endanger persons.
[ ] other: _______________________________________________________________________
[ ] The defendant must register as a felony firearm offender because the offense was committed in
conjunction with an offense committed against a person under the age of 18, or a serious violent
offense or offense involving sexual motivation as defined in RCW 9.94A.030.
III. Judgment
3.1
The defendant is
guilty
of the Counts and Charges listed in Paragraph 2.1 and Appendix 2.1.
3.2
[ ] The court
dismisses
Counts
in the
charging document.
IV. Sentence and Order
It is ordered:
4.1 Special Sex Offender Sentencing Alternative.
RCW 9.94A.670. The court imposes the
following:
Sentence.
A term of total confinement in the custody of the Department of Corrections (DOC):
[ ] The defendant was under 18 at the time of the offense and shall be initially placed in the custody of the
Department of Children, Youth, and Families (DCYF):
Determinate Sentence:
months/days on Count
;
months/days on Count
;
months/days on Count
;
months/days on Count
.
Indeterminate Sentence – Qualifying Sex Offenses occuring on or after 9-1-2001.
RCW 9.94A.507:
Count _____: Minimum Term: ________ months/days; Maximum Term: _____ years/life.
Count _____: Minimum Term: ________ months/days; Maximum Term: _____ years/life.
Count _____: Minimum Term: ________ months/days; Maximum Term: _____ years/life.
Count _____: Minimum Term: ________ months/days; Maximum Term: _____ years/life.
Felony Judgment and Sentence (FJS)
Page 4 of 14
(RCW 9.94A.500, .505)(WPF CR 84.0400 SOSA (06/2020))
The above terms for Counts ______________ are consecutive / concurrent.
The above terms shall run [ ] consecutive [ ] concurrent with cause No.(s)
The above terms shall run [ ] consecutive [ ] concurrent to any previously imposed sentence not
referred to in this order.
Sentence Is Suspended
. The court suspends the execution of this sentence and imposes the
following conditions of the suspended sentence:
(a) [ ] Confinement. Defendant shall serve a term of confinement as follows, commencing:
[ ] immediately, [ ] (date):
by
a.m./p.m.:
days/months on Count
;
days/months on Count
;
days/months on Count
;
days/months on Count
.
This term shall be served in:
[ ] The terms of confinement in Counts
are consecutive / concurrent.
This sentence shall run consecutive / concurrent with the sentence(s) in cause No.(s)
, and consecutive / concurrent with any other sentence.
Credit for Time Served: The defendant shall receive credit for eligible time served prior to
sentencing if that confinement was solely under this cause number. RCW 9.94A.505. The jail shall
compute time served.
[ ] Jail term is satisfied and defendant shall be released under this cause.
For crimes occuring on or after 7/1/05, the defendant is ineligible for earned early release under RCW
9.92.151 during the term of confinement imposed under paragraph 4.1(a).
(b) Community Custody. (Term to be imposed for each count.)
Defendant is placed on community custody for:
[ ] (determinate sentence) Count(s)
:
[ ] the length of the suspended sentence (if greater than three years), or
[ ] three years.
(The longer of the two terms must be imposed.)
[ ] (indeterminate sentence - qualifying sex offenses occurring on or after 9-1-2001)
Count(s)
:
 the length of the maximum sentence imposed.
Community custody shall commence immediately but is tolled during any term of confinement. The
defendant shall report to the DOC within 72 hours of release from confinement and shall comply with all
rules, regulations and requirements of the DOC, any other conditions stated in this Judgment and
Sentence, and any conditions of the Indeterminate Sentence Review Board, if applicable. The defendant
shall comply with the community custody conditions in paragraph 4.2.
(c) Treatment. The defendant shall undergo sex offender treatment as follows, for a period of:
[ ] five years (crimes committed on or after 7/1/05), or
Felony Judgment and Sentence (FJS)
Page 5 of 14
(RCW 9.94A.500, .505)(WPF CR 84.0400 SOSA (06/2020))