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KITTITAS COUNTY COURTHOUSE <br />205 WEST FIFTH, ROOM 213 <br />ELLENSBURG, WA 98926-3129 <br />TELEPHONE: (509) 962-7520 <br />FAX: (509) 962-7022 / SCAN: 962-7520 <br />CIVIL DIVISION <br />205 WEST FIFTH, ROOM 213 <br />ELLENSBURG, WA 98926-3129 <br />TELEPHONE: (509) 962-7664 <br />FAX: (509) 962-7060 <br />KITTITAS COUNTY PROSECUTING ATTORNEY <br />ADULT MISDEMEANOR PRE-CHARGING DIVERSION PROGRAM <br />2012 Version <br />A Pre-Charging Diversion program is an alternative method for holding offenders accountable for <br />violating the law. A Pre-Charging Diversion program removes a criminal case from the processes and <br />procedures of formal court proceedings. It is designed to be used for first time offenders who have <br />committed minor offenses with the intention of saving judicial, prosecutorial, and defense resources. <br />The program is also intended to give an offender the opportunity to accept accountability for their <br />actions, participate in an evaluation process to determine if there are other issues of concern to be <br />addressed, and to provide the offender with an opportunity to atone for their actions by providing <br />service to the community. The benefit to the offender, if they accept responsibility for their actions <br />and successfully complete the diversion program, is the avoidance of a criminal record. This program <br />is similar to the program initially started in January, 2011, but with some modifications. <br />ELIGIBILITY FOR KITTITAS COUNTY PRE-CHARGING DIVERSION PROGRAM: <br />In order to qualify for a Pre-Charge Diversion, the offender must meet ALL of the following criteria: <br />•Facing a potential charge of Minor in Possession of Alcohol (MIP), Possession of <br />Marijuana < 40 grams (POM<40), or Use of Drug Paraphernalia (misdemeanor level, <br />marijuana related) (UODP). Other crimes are not eligible for the diversion program. <br />•Must not have obstructed or resisted the investigating officer during the investigation <br />of the crime or treated the officer in a disrespectful manner <br />•NO prior convictions for any criminal offense, adult or juvenile. <br />•NOT have any pending criminal charges <br />•NOT be facing additional criminal charges from the same c1iminal investigation <br />•NO previous dismissal of charges resulting from a "Stay of Proceedings", similar <br />pretrial agreement, or prior participation in the Kittitas County Pre-Charging <br />Diversion Program. <br />llDiversion Program Outline-2012 <br />EXHIBIT A