eService Center - Administrative Office of the Courts

Effective July 23, 2023, Engrossed Second Substitute House Bill 1715 added requirements for AOC to report annually on the types of violations of the surrender orders as well as the sanctions imposed or other outcomes of the violations. In order to report this information, changes were made to allow courts to document the additional details.  The Firearms Surrender related pattern forms were updated for this bill. 

TABLE OF CONTENTS

• Compliance Tracking of Order to Surrender Firearms and Dangerous Weapons
• Recording Violations of Surrender Orders and Sanctions/Outcomes of the Violations [New Section]
• Service of Civil Protection Orders
• Civil Protection Order Denials and Motions to Modify/Terminate
• Pattern Forms

The courts are required to develop procedures to ensure timely and complete compliance with surrender orders. This includes compliance review hearings and capturing receipt of firearms information.

Compliance Tracking of Order to Surrender Firearms and Dangerous Weapons

If an order to surrender firearms or dangerous weapons was entered on a criminal or protection order case, courts must schedule a compliance review hearing as soon as possible once there is proof of service of the order. Those hearings are not required if a finding on the record, or written findings are entered, of sufficient proof of service or declaration of no weapons to surrender or other proof of compliance.

• Two new Hearing Type Codes were made available for tracking compliance review hearings in 2019, with an additional code added in 2020. Courts need to add these hearing codes using the Hearing Type Add (HRTA) process to make them available for use in their courts.  AOC will utilize the hearings scheduled and hearings held codes to determine the percentage of orders that have been complied with, as well as the number of contempt of court findings entered, so they are very important for courts to utilize properly.
  • CFS - Compliance Review Firearms Surrender Hearing. This hearing code is used for scheduling hearings to track compliance with the order to surrender when entered on criminal and protection order cases. This hearing shall be marked as held when all parties appear, and a sufficient finding is made of compliance.
  • CFN - Compliance Review Firearm Surrender - Non-compliance Hearing. This hearing code is used to replace a CFS hearing code, if a finding of non-compliance is made on criminal or protection order cases, including a failure to appear by the defendant/respondent.  Replace the scheduled CFS code on the Hearings Held Screen and mark the new CFN hearing code as held.
  • CFC - Compliance Review firearm Surrender - Show Cause/Contempt.  This hearing code is used for scheduling a Show Cause hearing when Contempt of Court allegations have been filed by the prosecutors.  This code shall be marked as held if the court finds the party in contempt of the court order.  If the person has been found in compliance at the hearing, the CFS hearing code should be used to replace this code and marked as held, in order to indicate the compliance.

• As a compliance hearing is not required to be held if sufficient proof of compliance is made, accurate records must be made in JIS to track the degree of compliance. Law enforcement is to provide a receipt of surrender to the courts within 24 hours. Also, it is required for the number of firearms surrendered to law enforcement must be noted.
  • Criminal Cases: Case Condition Codeson the Plea/Sentence (PLS) screen will be used to track these required elements:
    • PRS - Proof of Surrender. This Case Condition Code is to be entered on the PLS when an order to surrender is entered. Mark this condition as Yes Complied (Y) if proof of surrender, receipt of surrendered firearms and weapons, declaration of no  weapons to  surrender or other proof of compliance is accepted and/or a finding of compliance is made by the court. If a finding the defendant has failed to comply, the Violated (V) may be used. Excused/Waived (E) or Terminated (T) shall be used if appropriate. 
    • SRF - Surrender Receipt Filed. This Case Condition Code is to be entered when the court receives a receipt of firearms and dangerous weapons surrendered to law enforcement. If the receipt indicates compliance with the order, immediately make this case condition code as Yes Complied (Y). If any firearms were surrendered, the number shall be noted on the Time field for the Case Condition Code as follows: 
      • Case Condition Code: SRF
      • First Time Field: Number of Firearms (put 0 if a weapon other than a firearm was surrendered)
      • Second Time Field: F
      • Imposed Date: Date of surrender
      • C (compliance): Y
        
        
  • Civil Cases: The Judgment/Dispo Update (CVJ) screenwill be used to track these required elements.
    • Civil Judgment Code: SW - Surrender of Weapons. This judgment code is to be added as a judgment when the order to surrender is entered.
      • The judgment can be Closed (CL) if a proof of surrender, declaration of no weapons to surrender or other proof of compliance is accepted, or a finding of compliance is made OTHER than a receipt of firearms.
      • The new Number of Firearms Surrendered (#FrmSur) field will appear on the screen AFTER the screen is processed with the SW judgment code.  You will not see the new field until you return to the CVJ screen.
      • No amounts should be entered in the Judgment Amount or Judgment Breakdown fields.
        
        Note: no entries are necessary on the Judgment/Dispo Parties Update. <F12> or <PgUp> to bypass.
    • Civil Judgment Disposition Code: SR - Surrender Receipt. This code is to be used to satisfy the SW judgment when filed by law enforcement. If firearms were surrendered, the number shall be noted in the #FrmSur conditional field as follows:
      • SW Judgment Type should already be entered when the order to surrender was signed
      • Judgment Dispo: SR
      • Date: Date of Surrender
      • #FrmSur: Number of Firearms (put 0 if a weapon other than a firearm was surrendered)
        
        Note:
        When SRF case condition code is entered, and zero firearms were listed on the receipt, the number zero will be accepted and docketed appropriately on the Case Docket (CDK) screen, but the zero will not display when the PLS screen is accessed again. There is currently no warning message to advise the user to enter a number in the Time field when the SRF code has been used. 
• Search warrants may be issued by the court in certain instances of non-compliance with the surrender order. Those search warrants would not be part of the criminal or civil case, they would be tracked in other applications, such as Document Indexing, in accordance with other search warrant documents done by the courts.

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Recording Violations of Surrender Orders and Sanctions/Outcomes of the Violations [New Section]

When a surrender of firearms order has been entered, and the person violates the order, the court needs to document the nature of the violation as well as the sanction imposed for that violation, or other outcome if not a sanction so the details can be reported to the Washington State Legislature annually.

• Criminal Cases:  

• New Case Condition Codes  were added to JIS to track the Nature of the Violation.  The violation code should be added in addition to the existing Proof of Surrender code and used to indicate the sanction or other resolution of the violation.
  • DSF - Did not surrender any firearms, dangerous weapons, CPL or file declaration of no weapons to surrender or other proof of compliance
  • DSA - Did not surrender all firearms, dangerous weapons, or CPL
  • DFD - Did not surrender all firearms or dangerous weapons
  • DFR - Did not surrender all firearms
  • DDW - Did not surrender all dangerous weapons
  • DCP - Did not surrender CPL
  • DDN - Did not file declaration of no weapons to surrender or other proof of compliance
  • DAC - Did not appear for compliance hearing
  • DAS - Did not appear for show cause hearing
  • ASF - While surrender order is active, acquired a firearm
  • ASD - While surrender order is active, acquired a dangerous weapon
  • ASC - While surrender order is active, acquired a CPL
• Use the Timefield to record the number of days (D) jail or number of hours (H) of community service, if either is ordered as a sanction.  Note: You will only be able to record jail time or community service hours.         If jail time is ordered but allowed to be served using alternatives to custody, like community service, record the jail time ordered on the case condition code and docket the alternative to custody allowed.
• Use the Fee field to record the amount of any monetary penalty imposed, if ordered as a sanction.
• Use a new Complied Code  if any apply as the sanction/resolution of the violation.  Use existing complied codes to indicate if a sanction document has been complied, excused/waived, terminated, or violated.
  • R - Referred to Prosecutor for Criminal Contempt of Court for: [Case Condition]
  • O - No Sanctions Imposed for: [Case Condition]
  • I - Defendant In Compliance No Sanctions for: [Case Condition]
  • C - Additional Time to Cure for: [Case Condition]

• Civil Cases:

• New Civil Judgment Type Codes  were added to JIS to track the Nature of the Violation.  Add a new Judgment to the case to record the violation and sanction, in addition to the existing Surrender Firearms judgment on the case.
  • DS - Did not surrender any firearms, dangerous weapons, CPL or file declaration of no weapons to surrender or other proof of compliance
  • DA - Did not surrender all firearms, dangerous weapons, or CPL
  • D2 - Did not surrender all firearms or dangerous weapons
  • DF - Did not surrender all firearms
  • DD - Did not surrender all dangerous weapons
  • DC - Did not surrender CPL
  • DN - Did not file declaration of no weapons to surrender or other proof of compliance
  • AC - Did not appear for compliance hearing
  • AS - Did not appear for show cause hearing
  • AF - While surrender order is active, acquired a firearm
  • AD - While surrender order is active, acquired a dangerous weapon
  • AL - While surrender order is active, acquired a CPL
• Use the new Jail or Community Service field to record the number of days jail or number of hours of community service ordered if either is ordered as a sanction.
• Use the new Civil Judgment Disposition Codes  if any apply as the sanction/resolution of the violation, otherwise use the existing civil judgment disposition codes to indicate when the sanction imposed was satisfied or closed.
  • CC - Disposition of referred to prosecutor for criminal contempt charges
  • NS - Disposition of no sanction imposed
  • IC - Disposition of came into compliance, no sanctions imposed
  • AC - Disposition of additional time to cure

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Service of Civil Protection Orders

• When service of protection orders is to be made by law enforcement, the court must electronically forward to the law enforcement agency.
• Any protection orders including an order to surrender weapons must be served by a law enforcement officer. The petition may not elect to have the respondent served by a private party. 

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Civil Protection Order Denials and Motions to Modify/Terminate

• A denial of a petition for protection must include the reason for the denial.
• A respondent may only file a motion to modify or terminate an order once every twelve-month period of time while the order is in effect.

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Pattern Forms

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RN id: 2516