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Order Of Continuance For Diagnostic Evaluation (Alcohol-Drug Driving Related) Form. This is a Washington form and can be use in Island Local County.
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Tags: Order Of Continuance For Diagnostic Evaluation (Alcohol-Drug Driving Related), Washington Local County, Island
[ ] ISLAND COUNTY DISTRICT COURT
[ ] OAK HARBOR MUNICIPAL COURT
[ ] State of Washington
)
[ ] City of Oak Harbor
)
)
Plaintiff,
)
)
vs.
)
)
)
)
Defendant.
)
)
Cause Number: ______________
ORDER OF CONTINUANCE
FOR DIAGNOSTIC EVALUATION
{Alcohol/Drug Driving Related}
[ADP:OCDP] RCW 10.05
CLERK ACTION REQUIRED
THIS MATTER having come before the above-entitled Court upon the defendant's
Motion for Order of Continuance for Diagnostic Evaluation; the
above-named defendant appearing, [ ] without counsel, [ ] by and through counsel of
record,
; the Court having considered the records and files
herein and determining that good cause exists to continue this matter; the Court
having found that the defendant has waived the right to a speedy trial for an
additional 90 days from the date of this Order, NOW THEREFORE,
IT IS ORDERED that the defendant shall obtain a diagnostic investigation and
evaluation from:
[]
[]
[Alcoholism] an approved alcoholism treatment program as
designated in chapter 70.96A RCW
[Drug addiction] an approved drug program as designated by chapter
71.24 RCW
IT IS FURTHER ORDERED that the facility shall conduct an investigation and
examination to determine:
1.
2.
3.
4.
5.
Whether the defendant suffers from the problem described;
Whether the problem is such that if not treated there is a probability
that similar misconduct will occur in the future;
Whether extensive and long term treatment is required;
Whether effective treatment for the defendant's problem is available;
and
Whether the person is amenable to treatment.
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IT IS FURTHER ORDERED that the facility shall make a written report to the
court stating its findings and recommendations after the examination required by
RCW 10.05.040.
IT IS FURTHER ORDERED that if the facility's findings and recommendations
support treatment, the facility shall comply with RCW 10.05.050.1
IT IS FURTHER ORDERED that the report shall be filed with this Court within
30 days from the date of this order and a copy furnished to the defendant, the
prosecuting attorney, if requested, and the defendant's attorney, if any.
IT IS FURTHER ORDERED that the defendant shall contact the Probation
Department (360) 675-0777 and schedule an appointment with said department at
least two weeks before the next scheduled court date. The defendant shall pay the
sum of $35.00 at that time for the cost of the probation set up fee.
IT IS FURTHER ORDERED that this matter is continued to the date and time
set forth below for further hearing on this matter. The defendant shall appear
personally and with counsel, if any. If the defendant elects to file a Petition for
Deferred Prosecution, said petition shall be filed no later than 5 working days before
the date of said hearing.
NEXT HEARING
DATE: __________________
TIME: ___________________
1
The facility shall make a written report to the court stating its findings and recommendations
after the examination required by RCW 10.05.040. If its findings and recommendations support
treatment, it shall also recommend a treatment plan setting out: (1) the type; (2) nature; (3) length;
(4) a treatment time schedule; and (5) approximate cost of the treatment.
The report with the treatment plan shall be filed with the court and a copy given to the
petitioner and the petitioner's counsel. A copy of the treatment plan shall be given to the prosecutor
by petitioner's counsel at the request of the prosecutor. The evaluation facility making the written
report shall append to the report a commitment by the treatment facility that it will provide the
treatment in accordance with this chapter. The facility shall agree to provide the court with a
statement every three months for the first year and every six months for the second year regarding
(a) the petitioner's cooperation with the treatment plan proposed and (b) the petitioner's progress or
failure in treatment. Those statements shall be made as a declaration by the person who is
personally responsible for providing the treatment.
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DONE IN OPEN COURT this _______ day of
, ______.
__________________________
JUDGE
Presented by:
Approved for entry; copy received:
Defendant or Defendant's Attorney
___________________________
Prosecuting Attorney
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