What are the 2009 changes regarding the offender's ability to request a certificate of discharge when there is an active no contact order as part of the felony judgment and sentence?

In the case of an eligible offender who has a no-contact order as part of the judgment and sentence, the offender may petition the court to issue a certificate of discharge and a separate no-contact order by filing a petition in the sentencing court and paying the filing fee for a separate no-contact order. When this occurs:

  • The court shall reissue the no-contact order separately under a new civil cause number for the remaining term and under the same conditions as contained in the judgment and sentence.
  • The filing fee does not apply to an offender seeking a certificate of discharge which does not include a request for re-issuance of a no-contact order.
  • A separately-issued no-contact order may be enforced under chapter 26.50 RCW.

The following updated have been made for this legislation:

  • Certificate of Discharge/Provisional Voting Rights forms.
  • Four new SCOMIS Docket Codes have been created, as listed below with instructions:
    • PFCORD- Petition for Certificate and Order of Discharge.
      1. Filed only in the Criminal (S1) case.

    • PCORDN- Petition for Certificate and Order of Discharge No Contact Order.
      1. File original in the Criminal (S1) case.
      2. Receipt civil filing fee.
      3. Open new Civil(S2) case using HAR cause code, file copy of petition.
      4. Enter State of Washington as PET01.
      5. Enter the name of the protected person(s) as PETxx.
      6. Enter the name of the offender as RSP01.
         
    • CRORDN- Certificate and Order of Discharge No Contact Order.
      1. File original in the Criminal (S1) case.
      2. File copy in Civil (S2) case.
      3. Triggers data exchange with the Office of the Secretary of State for the voter database in the same manner as CRORD. (See the Convicted Felon Notification section of the SCOMIS manual.)
         
    • CORNC- Criminal No Contact Order (Reissued Pursuant to a Certificate and Order of Discharge).
      1. Issued only in Civil (S2) case.
      2. Use Order Type AHO-Anti-Harassment Order to record the Criminal No Contact Order in JIS.
      3. Send a copy of CORNC to the individuals protected by the no-contact order, if there is an address available in the court file.
      4. If no address is available, forward a copy CORNC to the prosecutor. The prosecutor sends a copy of the no-contact order to the last known address of the protected individuals.
      5. Forward a copy of CORNC to the appropriate law enforcement agency specified in the order on or before the next judicial day.
      6. Existing CRORD docket code and certificate is filed only in the criminal (S1) case. This code continues to trigger data exchange with the Office of Secretary of State for the voter database. (See the Convicted Felon Notification section of the SCOMIS manual.)


RN id: 2106