2022/07/27 Council Agenda Packet

A. 1. When any person charged with or arrested for stalking, as defined in Section 10.16.050 or RCW 9A.46.110, or any other stalking related offense under RCW 9A.46.060, is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, and the victim does not qualify for a domestic violence protection order under Chapter 26.50 7.105 RCW, the court authorizing release may issue, by telephone, a stalking no -contact order prohibiting the person charged or arrested from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location. 2. In issuing the order, the court shall consider the provisions of RCW 9.41.800. 3. The stalking no -contact order shall also be issued in writing as soon as possible. B. 1. At the time of arraignment or whenever a motion is brought to modify the conditions of the defendant's release, the court shall determine whether a stalking no -contact order shall be issued or extended. If a stalking no -contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring, including real- time global position satellite monitoring with victim notification. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring, including costs relating to real-time global position satellite monitoring with victim notification. 2. A stalking no -contact order issued by the court in conjunction with criminal charges shall terminate if the defendant is acquitted or the charges are dismissed, unless the victim files an independent action for a stalking protection order. If the victim files an independent action for a civil stalking protection order, the order may be continued by the court until a full hearing is conducted pursuant to Section 6, Chapter 84, Washington Laws of 2013. C. 1. The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter 26.50 7.105 RCW and will subject a violator to arrest. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order." 2. A certified copy of the order shall be provided to the victim at no charge. iz 2022 ORDINANCE Page 2 of 9