Drafter
Clerk 11/01/2012
Title
AN ORDINANCE relating to the use of work crew for misdemeanant arrestees in the prosecuting attorney's office prefiling diversion program; and amending Ordinance 12432, Section 2, as amended, and K.C.C. 2.16.120 and Ordinance 14561, Section 9, as amended, and K.C.C. 2.16.122.
Body
STATEMENT OF FACTS:
1. The department of adult and juvenile detention, through its community corrections division, operates a series of alternatives to incarceration for pretrial defendants and sentenced offenders, including work and education release, electronic home detention, day reporting and work crew.
2. Currently, to participate in the alternatives to detention provided by the community corrections division, a defendant must be: ordered to the program by the court; statutorily eligible for the program; and satisfy program requirements.
3. The prosecuting attorney's office has developed a prefiling diversion program for persons arrested for the following misdemeanor offenses: possession of less than forty grams of marijuana (RCW 69.50.4014); minor in possession of alcohol (RCW 66.44.270); possession of drug paraphernalia (RCW 69.50.412); and unlawful bus or transit conduct (RCW 9.91.025, K.C.C. 28.96.010). As part of this diversion program, persons arrested for certain misdemeanor offenses would, in the sole discretion of the prosecutor's office, be provided an opportunity to avoid having criminal charges filed against them. The prosecutor's office would agree not to file criminal charges against the arrestee in exchange for the arrestee's agreement to serve on a work crew run by the community corrections division of the department of adult and juvenile detention. The community corrections division would send status updates to the prosecutor's office until the arrestee's work crew obligation is fulfilled. After completion, the charges will be declined. Failure to complete work crew service within a specified period would result in charge...

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