LLCrRLJ 7.2(h)
Deferred Prosecutions and Orders of Continuance
Required demonstration of amenability to treatment (Effective 11/01/06)
(1) Prerequisites to entry of Order
An order deferring prosecution of a criminal charge will not be
entered absent sufficient evidence that the Petitioner has
demonstrated her/his amenability to treatment by successfully
completing two months of treatment in the proposed program. Successful
completion means that the Petitioner is fully compliant with every
requirement of the treatment program, and has remained so at all times
during that two month period. The Order granting such a petition will
not be signed unless the petitioner is physically present in the
courtroom. The requirement of the presence of the Defendant is to
allow inquiry of the petitioner by the Court to determine whether the
petitioner is amenable to treatment and whether the Court, in
conformity with the statute, will grant such a petition. The order
deferring prosecution of a criminal charge will not be granted until
after the completion of a standardized risk evaluation to determine
the level of supervision appropriate to that petitioner.
(2) Alcohol Related Driving Offenses
No alcohol related driving offense, including DUI, Actual
Physical Control, Negligent Driving in the First Degree, or Minor
Driving after Consuming, Will be resolved except by plea of guilty to
the original charge, plea of guilty to an amended charge, dismissal,
trial, or under the terms of an RCW 10.05 "Order of Deferred Prosecution".
(3) AOC's/SOC's
The Court will no longer be a party to any form of agreement
between the Plaintiff and the Defense, whether designated "Agreed
Orders of Continuance", "Stipulated Orders of Continuance" or by any
other name. Neither the District Court nor its probation department
shall have a duty to supervise, monitor, or oversee performance of any
agreement entered into by the parties relating to such continuances.
Those agreements may be filed with the Court as grounds for
continuance of the time for trial only.
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