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7 <br /> v� ���a.400 F-•. ..s�. <br /> Ordinance No. <br /> An Ordinance relating to Court-Monitored Deferrals, <br /> Adding a new Chapter to the Everett Criminal Code <br /> (Title 10 of the Everett Municipal Code)_ <br /> Whereas, the Everett City Council fmds that in some cases a Court-Monitored Deferral <br /> of a gross misdemeanor or misdemeanor may be an appropriate alternative to punishment for <br /> persons who will benefit from a treatment program if the treatment program is provided under <br /> circumstances that do not unreasonably endanger public safety and the traditional goals of the <br /> criminal justice system; and <br /> Whereas, this alternative to punishment is dependent for success upon appropriate <br /> treatment and the willingness and ability of the person receiving treatment to cooperate fully With <br /> the treatment program;and <br /> Whereas, there are considerable difficulties in resuming prosecution after a significant <br /> delay, due to the absence of witnesses at a later date and congestion in the court at a later date; <br /> and <br /> Whereas, placing the agreed-upon factual record into the court file at the time of <br /> petitioning the court for a Court-Monitored Deferral, along the defendant waiving objection to <br /> admission of the factual record into evidence if.the cmditi9nss of thy-deferral-are-violated-and- <br /> waivers <br /> nalwaivers of right to jury trial and speedy trial, will resolve difficulties in prosecuting a case <br /> following delay;and <br /> Whereas, the City of Everett is a first class city with the power to make all regulations <br /> necessary for the preservation of public morality,health,peace,and good order within its limits; <br /> NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Sectiozrl; Court-Monitored Deferrals -Eligibility. <br /> A. Except as provided in subsection B of this section,a person charged with a misdemeanor or <br /> gross misdemeanor may petition a Municipal Court Judge("Judge")to be considered for a <br /> Court-Monitored Deferral_ The petition shall be filed with the court at least seven days before <br /> the date set for trial but,upon a written motion and affidavit establishing good cause for the delay <br /> and.failure to comply. with this section,the Judge may waive this requirement subject to the-. - .. - -- <br /> defendant's reimbursement to the court of the witness fees and expenses due for subpoenaed <br /> witnesses who have appeared on the date set for trial as well as any other expenses incurred by <br /> the Court specifically for trial. <br /> 2 <br />