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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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l{Jflltas CtJunw7'rosocutlnu 11norn111 r -~-~ • I o o I I <br />they must do to correct the deficiency, along with the required documents, and providing an additional two <br />weeks to complete and re-submit the documents. If the offender corrects the problem within that two week <br />period, the case wi II be processed accordingly, and at that time all documentation will be sent to law <br />enforcement to complete their records. <br />If an offender is sent a letter offering entry into the Pre-Charging Diversion Program and foils to return the <br />documentation within two weeks, or if they foil to correct any deficiencies in an initial application within the <br />subsequent two week period, the deputy prosecuting attorney shall make a charging decision and work with <br />the legal secretary to prepare the appropriate charging documents to bring the offender to court to commence <br />processing their case through the criminal justice system. <br />Upon acceptance of an offender into the program, the Prosecuting Attorney's Office will keep the file in an <br />active status for six (6) months. The Prosecuting Attorney's Office shall monitor compliance with the <br />Agreement during the period of supervision. The Prosecuting Attorney's Office, upon successful completion <br />of the terms and conditions of the Agreement and upon the expiration of the six (6) month supervisory <br />period, shall then process the case into closed status with a letter to the offender that they have successfully <br />completed the program and their case has been closed and that charges will not be filed. <br />During the period of supervision of the Agreement, if the Prosecuting Attorney's Office determines, in its <br />discretion, that a violation of the Agreement has occurred, the deputy prosecutor and/or legal secretary will <br />notify the offender of the violation and intent to revoke the Agreement with the filing of criminal charges in <br />the district court, including with the notification a copy of the charging document and summons to appear in <br />court. Copies of all such documentation shall be electronically submitted to the responsible law enforcement <br />agencies records custodian. <br />The arraignment on the criminal charges shall be set upon the calendar in the respective courts following the <br />usual procedure for newly charged cases. <br />An individual who has entered into a Pre-Charging Diversion Agreement, and failed to complete the <br />program, shall not be eligible, upon the filing of charges, for a "Stay of Proceedings." An offender who was <br />eligible for the Pre-Charging Diversion Program, but who failed to return the agreement as specified above <br />and had charges filed against them, will be eligible for a "Stay of Proceedings", but charges will not be <br />dismissed after filing in order to enter the program. <br />PR E-C HARGl 1 G DIVERSION PROGRAM RE QUIREM ENTS AN D ON DJTI ON <br />FINES AND FEES: <br />All fines and fees are to be paid to the Kittitas County Prosecuting Attorney's Office in the fonn of a <br />certified cashier's check or money order, with a total of two checks being drawn: <br />One in the amount of S400.00 in favor of the Kittitas County Prosecuting Attorney. (Of this amount, <br />5250 is for administrative costs as previously detennined when the diversion program initially began <br />on January, 2011: 5 I 00 is for 6 months ofrecord check supervision, which is consistent with the cost <br />assessed by Misdemeanor Probation for the same service; and 550 is for costs related to monitoring <br />3IDiversion Program Outline-2012
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