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2013/11/13 Council Agenda Packet
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2013/11/13 Council Agenda Packet
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Council Agenda Packet
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11/13/2013
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4 <br /> from having any contact with the victim. The jurisdiction authorizing the release <br /> shall determine whether that person should be prohibited from having any <br /> contact with the victim. If there is no outstanding restraining or protective order <br /> prohibiting that person from having contact with the victim, and the victim does <br /> not qualify for a domestic violence protection order under chapter 26.50 RCW, <br /> the court authorizing release may issue, by telephone, a stalking no-contact order <br /> prohibiting the person charged or arrested from having contact with the victim or <br /> from knowingly coming within, or knowingly remaining within, a specified distance <br /> of a location. <br /> 2. In issuing the order, the court shall consider the provisions of RCW 9.41.800. <br /> 3. The stalking no-contact order shall also be issued in writing as soon as <br /> possible. <br /> B. 1. At the time of arraignment or whenever a motion is brought to modify the <br /> conditions of the defendant's release, the court shall determine whether a <br /> stalking no-contact order shall be issued or extended. If a stalking no-contact <br /> order is issued or extended, the court may also include in the conditions of <br /> release a requirement that the defendant submit to electronic monitoring, <br /> including real-time global position satellite monitoring with victim notification. If <br /> electronic monitoring is ordered, the court shall specify who shall provide the <br /> monitoring services, and the terms under which the monitoring shall be <br /> performed. Upon conviction, the court may require as a condition of the <br /> sentence that the defendant reimburse the providing agency for the costs of the <br /> electronic monitoring, including costs relating to real-time global position satellite <br /> monitoring with victim notification. <br /> 2. A stalking no-contact order issued by the court in conjunction with criminal <br /> charges shall terminate if the defendant is acquitted or the charges are <br /> dismissed, unless the victim files an independent action for a stalking protection <br /> order. If the victim files an independent action for a civil stalking protection order, <br /> the order may be continued by the court until a full hearing is conducted pursuant <br /> to Section 6, Chapter 84, Washington Laws of 2013. <br /> C. 1. The written order releasing the person charged or arrested shall contain the <br /> court's directives and shall bear the legend: "Violation of this order is a criminal <br /> offense under chapter 26.50 RCW and will subject a violator to arrest. You can <br /> be arrested even if any person protected by the order invites or allows you to <br /> violate the order's prohibitions. You have the sole responsibility to avoid or <br /> refrain from violating the order's provisions. Only the court can change the <br /> order." <br /> 2. A certified copy of the order shall be provided to the victim at no charge. <br /> D. If a stalking no-contact order has been issued prior to charging, that order shall <br /> expire at arraignment or within seventy-two hours if charges are not filed. <br /> E. Whenever an order prohibiting contact is issued pursuant to subsection B of this <br /> section, the clerk of the court shall forward a copy of the order on or before the <br /> 2 <br /> 15 <br />
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