Laserfiche WebLink
2 <br /> 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 alcohol treatment provider,state- <br /> licensed drug addiction treatment provider,or other state-licensed provider of treatment for <br /> 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 (which need only be proven by a preponderance of the <br /> evidence)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, Restatution.- <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,will lose the right to bear, possess or own firearms until that right is restored <br /> by a court of record;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 /> • <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 /> 2 <br /> 3 <br />