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Res-2018-212 Interlocal Pre-trial Diversion
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2018-12-18 10:00 AM - Commissioners' Agenda
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Res-2018-212 Interlocal Pre-trial Diversion
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Last modified
12/26/2018 2:01:43 PM
Creation date
12/26/2018 2:01:25 PM
Metadata
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Meeting
Date
12/18/2018
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
e
Item
Request to Approve a Kittitas County/City of Ellensburg Diversion Services Agreement
Order
5
Placement
Consent Agenda
Row ID
50104
Type
Agreement
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INTERLOCAL AGREEMENT BETWEEN <br />KITTITAS COUNTY AND THE CITY OF ELLENSBURG <br />FOR MISDEMEANOR DIVERSION SERVICES <br />This INTERLOCAL AGREEMENT ("Agreement") is entered into on this Jg-fhday of <br />ve ClA'11 ,b( {L , 2018, by and between Kittitas County, a municipal corporation of the State of <br />Washington, (hereinafter the "County"), and the City of Ellensburg, a municipal corporation of <br />the State of Washington (hereinafter referred to as the "City"). <br />WHEREAS, Chapter 39.34 of the Revised Code of Washington (RCW), the Interlocal <br />Corporation Act, allows governmental agencies to enter into agreements that provide for the <br />efficient use of their powers and to cooperate with each other in providing services; and <br />WHEREAS, the County currently operates an internal diversion program for some first- <br />offense misdemeanor cases; and <br />WHEREAS, the current County program systems, management, and processes will petmit <br />the City to benefit from the County's operation of said program for a nominal fee, paid directly to <br />the County by a misdemeanor suspect; <br />NOW, THEREFORE, the County and the City agree as follows : <br />1. Pllrpose. The purpose of this Agreement is to allow the City to utilize the County's already- <br />existing internal diversion program for select municipal prosecution cases. The County's diversion <br />program is identified as the "Kittitas County Prosecuting Attorney Adult Misdemeanor Pre- <br />Charging Diversion Program, 2012 Version," as set forth more fully in, attached to this Interlocal <br />Agreement as "Exhibit A" (hereafter "County diversion program"). <br />2. Services. <br />a. The City will send case referrals to the County to be considered for eligibility in <br />the County diversion program. <br />b. The County will process these cases through the diversion process using its existing <br />program systems and management. To enter the County diversion program, a <br />municipal case suspect will be required to pay the County diversion fee directly to <br />the County. The County will pay to the City the sum of $100 for the City's <br />administrative costs. <br />c. When a case complies with the program requirements, the County will inform the <br />City Prosecutor of said compliance. The County will maintain the diversion case <br />file and any related records. Nothing in this agreement changes in any manner the <br />City's obligations or practices as to its own records. <br />d. If an offender fails the program requirements, the County will inform the City <br />Prosecutor of the failure to comply. The County will then deliver the case file to <br />the City Prosecutor. <br />Interlocal Agreement for Misdemeanor Diversion Services -Page 1 of 5
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