Ordinance 3266-12 - Laserfiche WebLink

lip Ordinance No. 3266-12 An Ordinance relating to Court-Monitored Deferrals, Adding a new Chapter to the Everett Criminal Code (Title 10 of the Everett Municipal Code). Whereas, the Everett City Council finds that in some cases a Court-Monitored Deferral of a gross misdemeanor or misdemeanor may be an appropriate alternative to punishment for persons who will benefit from a treatment program if the treatment program is provided under circumstances that do not unreasonably endanger public safety and the traditional goals of the criminal justice system; and Whereas, this alternative to punishment is dependent for success upon appropriate treatment and the willingness and ability of the person receiving treatment to cooperate fully with the treatment program; and Whereas, there are considerable difficulties in resuming prosecution after a significant delay, due to the absence of witnesses at a later date and congestion in the court at a later date; and Whereas, placing the agreed-upon factual record into the court file at the time of petitioning the court for a Court-Monitored Deferral, along the defendant waiving objection to admission of the factual record into evidence if the conditions of the deferral are violated and waivers of right to jury trial and speedy trial, will resolve difficulties in prosecuting a case following delay; and Whereas, the City of Everett is a first class city with the power to make all regulations necessary for the preservation of public morality, health,peace, and good order within its limits; NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section l: Court-Monitored Deferrals - Eligibility. A. Except as provided in subsection B of this section, a person charged with a misdemeanor or gross misdemeanor may petition a Municipal Court Judge ("Judge")to be considered for a Court-Monitored Deferral. The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and affidavit establishing good cause for the delay and failure to comply with this section, the Judge may waive this requirement subject to the defendant's reimbursement to the court of the witness fees and expenses due for subpoenaed witnesses who have appeared on the date set for trial as well as any other expenses incurred by the Court specifically for trial.