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B. Eligibility. <br /> 1. A person charged with an offense under RCW 46.61.502 or RCW 46.61.504 shall not <br /> be eligible for a Court-Monitored Deferral. <br /> 2. A person shall not be eligible for a Court-Monitored Deferral without agreement of the <br /> City's prosecuting authority("prosecutor"). <br /> Section 2: Petition-Requirements. <br /> A. Case History and Written Assessment and Treatment Plan. Unless otherwise agreed to by the <br /> prosecutor and approved by the Judge, the petition shall contain a case history and written <br /> assessment and treatment plan prepared by a state-licensed chemical dependency treatment <br /> provider or state-licensed domestic violence treatment provider, or, if justified under the <br /> circumstances, other provider of treatment for mental or behavioral problems. <br /> B. Conditions.The defendant shall agree to all conditions of the Court-Monitored Deferral, <br /> including but not limited to: <br /> 1. Having no criminal law violations during the period of the Deferral; <br /> 2. Completion of treatment; <br /> 3. Payment of the cost of treatment; <br /> 4. Standard probation costs for supervision and monitoring; <br /> 5. Costs of Court-appointed counsel; <br /> 6. Restitution. <br /> C. Compliance—Dismissal or Amendment of Charge(s). The prosecutor shall indicate whether <br /> upon the expiration of the period of the Court-Monitored Deferral, if the defendant complies with <br /> all terms and conditions required of him/her by the Court-Monitored Deferral,the City will bring <br /> a motion for(a) a dismissal of the charge(s) or(b) an order amending the charge(s). <br /> D. Procedure on Sentencing. The petition shall include the maximum sentence for the offense(s) <br /> and a statement that the defendant understands that if the matter proceeds to sentencing: <br /> 1. The Judge may impose any sentence up to the maximum, no matter what the prosecutor <br /> or the defense recommends; <br /> 2. If the offense is a domestic violence offense, the defendant, upon revocation and <br /> conviction, might lose the right to bear, possess or own firearms until that right is <br /> restored by the Superior Court as provided by state law; and <br /> 3. If the defendant is not a citizen of the United States, a conviction in the charge may have <br /> ramifications on his/her right to stay in this country. <br /> E. Acknowledgement and Waiver of Rights. The petition shall contain the following: <br /> 1. Acknowledgement and waiver of the right to a trial in 60/90 days pursuant to CrRLJ 3.3 <br /> and the right to speedy trial; <br /> 2. Acknowledgement and waiver of the right to have the matter heard before a jury; <br /> 3. Acknowledgement and waiver of the right to testify on his/her own behalf, to call <br /> witnesses to testify on his/her behalf, and the right to present any evidence in his/her <br /> defense upon a revocation of the Court-Monitored Deferral; <br /> 4. Acknowledgement and waiver of the right to contest and object to any evidence <br /> presented against the defendant as to the defendant's guilt or innocence regarding the <br /> 2 <br />