KITSAP COUNTY DISTRICT COURT, STATE OF WASHINGTON ORDER APPROVING TREATMENT PLAN, SETTING CONDITIONS AND ACCEPTING DEFENDANT FOR DEFERRED PROSECUTION
THIS MATTER having come on for hearing on the ______ day of________________________,
20_____; the defendant, appearing in person represented by____________________________________; the plaintiff being represented by the Kitsap County Prosecuting Attorneys’ Office; it appearing that the petitioner herein has filed a petition requesting consideration for deferred prosecution of a misdemeanor or gross misdemeanor; that the petitioner has earlier been referred to an approved treatment program or center for diagnostic investigation for evaluation, and the facility report, including findings and recommendations and commitment to treat has been furnished to the court; that the petitioner having examined said report and plan and having indicated acceptance thereof, and being in agreement to follow said plan in detail; that the petitioner having signed the “Petition for Deferred Prosecution, Stipulation of Petitioner, and Waiver of Rights” forms; and the court being fully advised in the premises now, therefore, makes the following:
The petitioner, on or about Click here to enter a date., was charged
MENTAL PROBLEMS and, if not treated, there is a high probability that similar
The petitioner has completed an evaluation and received a diagnosis, which is attached.
Extensive and long-term treatment is required and available, and the petitioner agrees to enroll in, complete, and pay the costs of the treatment plan, which is attached. The court has approved the plan.
The petitioner has stipulated to the admissibility of the facts as contained in the written police reports.
The petitioner has acknowledged the admissibility and sufficiency of the stipulated facts in any criminal hearing or trial on the underlying offense(s) held subsequent to revocation of the order granting deferred prosecution.
The statements of the petitioner were made knowingly and voluntarily.
The petitioner has acknowledged and waived the right to testify, the right to a speedy trial, the right to call witnesses to testify, the right to present evidence in his or her defense, and the right to a jury trial.
A deferred prosecution program for alcoholism shall be for a two-year period, and shall include, but not be limited to, all the recommendations contained in the evaluation, which is attached, and the following requirements: (1)
Total abstinence from alcohol and all other non-prescribed mind-altering drugs;
Participation in an intensive inpatient or intensive outpatient program in a state-
approved alcoholism treatment program; (3)
Participation in a minimum of two meetings per week of an alcoholism self-help
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recovery support group, as determined by the assessing agency, for the duration of the treatment program;
Participation in an alcoholism self-help recovery support group, as determined by
the assessing agency, from the date of court approval of the plan to entry into intensive treatment;
Not less than weekly approved outpatient counseling, group or individual, for a
minimum of six months following the intensive phase of treatment;
Not less than monthly outpatient contact, group or individual, for the remainder
of the two-year deferred prosecution period;
The decision to include the use of prescribed drugs, including disulfiram, as a
condition of treatment shall be reserved to the treating facility and the petitioner's physician;
All treatment within the purview of this section shall occur within or be approved
by a state-approved alcoholism treatment program as described in chapterRCW.
A deferred prosecution for mental health problems shall be for a 2 year period and shall include all recommendations of the mental health evaluation.
The petitioner shall attend a DUI victims’ panel.
The petitioner’s compliance with this court order shall be monitored through District Court Compliance Monitor, 614 Division Street, MS-25, Port Orchard, WA 98366, (360) 337-7109, and the defendant shall report as directed by Compliance Monitor. The period of this monitoring will be for the period of time required to complete the two (2) year program, and for an additional three (3) year period after completion of the program.
The petitioner shall abstain from the consumption of alcoholic beverages and all non-prescribed mind-altering drugs; and, further the defendant shall submit to a breath test, urinalysis, or blood test at the defendant’s expense when requested by the court, the probation services staff, law enforcement officer or treatment staff.
The petitioner shall immediately notify the court and the compliance monitor about any changes in address, phone number and living location, any non-compliance or change in the attached treatment program, any violations of this order, and any criminal law violations or arrests.
The petitioner shall pay a $750.00 monitoring fee, a $150 administrative cost and, in the case of a criminal traffic offense, an additional $125.00 BAC fee as required by the State of Washington together with any previously assessed cost. These fees and costs shall be paid within 24 months of entry of this order.
The petitioner shall not commit any violations of criminal laws.
The petitioner shall not operate a motor vehicle upon the public highways without a valid operator’s license and proof of liability insurance. The amount of liability insurance shall not be less than that established by RCW 46.29.490. The petitioner shall file written proof of liability insurance at the time of the signing of this order, and in the absence of such written proof, the petitioner shall not operate any motor vehicle.
If the wrongful conduct alleged in the petition is the result of or caused by alcohol dependency, and the finding above is that the defendant suffers from alcoholism, then the defendant shall cause to have installed an ignition interlock device pursuant to RCW 46.20.720, which shall be used for a period not less than the period provided for in RCW 46.20.720(3)(a),(b) and (c), and subject to certification from the ignition interlock device vendor pursuant to RCW 46.20.720(4).
In the event the petitioner has not given the court a complete and accurate account of all alcohol related driving arrests and dispositions, including deferred prosecution or in-house deferred, or injuries or death resulting from any alcohol or drug driving related arrest, a hearing may be held to determine why the petitioner should not be removed from deferred prosecution status, as herein granted, and arraigned and prosecuted for the misdemeanor or gross misdemeanor charges.
In the event the petitioner should fail or neglect to carry out or fulfill the terms and conditions of this order or the attached treatment program, a hearing shall be held to determine why the petitioner should not be removed from deferred prosecution status, as herein granted, and
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arraigned and prosecuted for the misdemeanor or gross misdemeanor charges pursuant to RCW 10.05.
The court clerk shall notify the Department of Licensing of this order accepting the defendant for deferred prosecution.
The defendant’s file shall be removed from public review, pursuant to LARLJ 9(c)(5).
Upon written proof of successful completion with all the terms of the court order and treatment plan, the clerk shall note this matter on the calendar for dismissal which shall be 36 months after filing proof of the completion of treatment.
Pay emergency response restitution as ordered
The defendant shall personally appear in court for review of this matter on the dates and times as indicated on the Order of Release entered herein and as the Court may order.
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