[ ] ISLAND COUNTY DISTRICT COURT [ ] OAK HARBOR MUNICIPAL COURT [ ] State of Washington [ ] City of Oak Harbor Plaintiff, vs. Defendant. ) ) ) ) ) ) ) ) ) ) ) Cause Number: ______________ ORDER GRANTING DEFERRED PROSECUTION {Mental Non-Driving Related} [MDP:ODP] RCW 10.05 CLERK ACTION REQUIRED THIS MATTER having come on regularly before the above-entitled Court upon the defendant’s Petition for Deferred Prosecution; the above named defendant appearing, [ ] without counsel, [ ] by and through counsel of record, ; the Court having considered the records and files herein, including but not limited to the reports attached hereto, Now Therefore, the Court enters the following: FINDINGS OF FACT 1. The Defendant is charged with a crime for which the Defendant seeks to be granted a Deferred Prosecution under RCW 10.05. 2. The Defendant is amenable to treatment as set forth in the treatment plan filed with the Petition for Deferred Prosecution. 3. The defendant has been advised and fully understands that the defendant has the following rights: (a) the right to have a lawyer represent the defendant and that if the defendant cannot afford to pay for a lawyer one will be provided at no expense to the defendant. The court may, however, order the defendant to reimburse the plaintiff for the cost of the court appointed attorney. (b) the right to a speedy trial by jury within 90 days of arraignment. (c) the right now and at trial to testify or remain silent. If the right to remain silent is exercised, there cannot be any inference of guilt drawn from the defendant’s silence, and the Judge or Jury must decide the case on the evidence presented at trial. American LegalNet, Inc. www.USCourtForms.com (d) the right to compel witnesses to testify on behalf of the defendant at no cost. The court, however, may require reimbursement for the costs of securing the attendance of witnesses. (e) the defendant is presumed innocent until a charge is proved by the plaintiff by the standard of beyond a reasonable doubt or until the defendant enters a plea of guilty. (f) 4. the right to appeal a conviction and sentence after trial. The defendant has, as a condition of receiving treatment, 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 defense to the charge, and the right to a jury trial. The defendant further understands if the defendant proceeds to trial and is found guilty, the defendant may be allowed to seek suspension of some or all of the fines; that incarceration may be ordered upon the condition that the defendant seeks treatment; that the defendant may seek treatment from public and private agencies at any time without regard to whether or not the defendant is found guilty of the offense(s) charged. Having a complete understanding of rights as an accused the defendant stipulated to the admissibility and sufficiency of the facts contained in the written police report, including but not limited to the BAC test result (if any), witness statements and driving record. A copy of the police report is attached to the Petition and incorporated herein by this reference. The defendant understands and agrees that the police report will be entered and used to support a finding of guilty if the court finds cause to revoke the order granting deferred prosecution.1 CONCLUSIONS OF LAW 1. The Defendant meets the qualification requirements for a Deferred Prosecution. 2. The treatment plan filed with the Petition for Deferred Prosecution satisfy the statutory minimum criteria.2 ORDER GRANTING DEFERRED PROSECUTION 1 2 RCW 10.05.020(2) RCW 10.05.150 American LegalNet, Inc. www.USCourtForms.com IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the defendant’s Petition for Deferred Prosecution pursuant to RCW 10.05 is granted upon the following terms and conditions: 1. Defendant shall complete the treatment plan as set forth in the report(s) attached and/or filed with the Petition for Deferred Prosecution and by this reference made part of this order. 2. Defendant shall pay for or arrange for the payment of the cost of treatment. 3. Defendant shall keep the Probation Department at all times fully informed of both the defendant’s mailing address, and domicile address and employer’s address. 4. Defendant shall comply with all reasonable terms and conditions imposed by the Probation Department. 5. Defendant shall report in person to the Probation Department within five (5) court days of the entry of this order. 6. Defendant is authorized to perform community service in order to work off the $150.00 filing fee and the $35.00 Probation Setup fee at a rate determined by the Probation Department. 7. Defendant is placed on supervised probation during the deferral period, and shall pay, on a monthly basis, the costs of probation of $50.00 per month for the entire treatment period. IT IS FURTHER ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. The Treatment Facility shall file with the Probation Department status reports every three (3) months for the first year and every six (6) months for the second year describing the Defendant’s cooperation and progress in treatment. 2. The Clerk of the Court shall remove this file from the regular court docket files and place this file in the court’s special Deferred Prosecution file. American LegalNet, Inc. www.USCourtForms.com IT IS FURTHER ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. If the defendant fails or neglects to carry out and fulfill any term or condition of the treatment plan, or any term or condition imposed in connection with the installation of an ignition interlock device, entity administering the treatment or the ignition interlock device shall immediately report such breach to the court, the prosecutor, and the defendant or the defendant’s attorney of record, together with its recommendation. The court upon receiving such a report shall hold a hearing to determine whether the defendant should be removed from the deferred prosecution program. If the court removes the defendant from the program the court shall enter judgment pursuant to RCW 10.05.020 and if the charge is a Title 46 RCW crime, the court shall notify the department of licensing of the removal and entry of judgment.3 2. If the defendant is subsequently convicted of a similar offense that was committed while the defendant is in this deferred prosecution program, upon notice the court shall remove the defendant from the deferred prosecution program and enter judgment. 4 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Defendant shall comply with the following additional conditions: [] The defendant shall not operate a motor vehicle unless it is equipped with a functioning ignition interlock device and with an ignition interlock endorsement on the defendant’s Washington State driver’s license for the duration of the treatment program period. [] Defendant shall remain totally abstinent from the use of alcoholic beverages and non-prescribed mind altering drugs during the period of deferred prosecution. [] Defendant shall commit no alcohol related offenses during the deferral period. [] Defendant shall not operate a motor vehicle without possession of a valid driver’s license and proof of liability insurance in a minimum amount as set forth by Washington State law or higher if deemed appropriate by the Probation Department. Other: [] 3 4 RCW 10.05.090 RCW 10.05.100 American LegalNet, Inc. www.USCourtForms.com NOTICE TO DEFENDANT Violation of any of the terms and conditions of this order may be punishable as Contempt of Court and subject the Defendant to imprisonment Dated this Day of , ______________________ Judge Presented by: Approved for entry; copy received: Defendant or Defendant's Attorney ______________________ Prosecuting Attorney American LegalNet, Inc. www.USCourtForms.com