Order Approving Treatment Plan

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216 Prospect Street
PORT ORCHARD MUNICIPAL COURT
Port Orchard, WA 98366
KITSAP COUNTY, WASHINGTON
(360) 876-1701
CITY OF PORT ORCHARD,
NO.____________________________
Plaintiff,
vs.
ORDER APPROVING TREATMENT
PLAN, SETTING CONDITIONS AND
______________________________________,
ACCEPTING DEFENDANT FOR
Defendant.
DEFERRED PROSECUTION
This matter having come on for hearing on the _____ day of _____________________
20____; the defendant, appearing in person represented by attorney ______________________; the
plaintiff being represented by the Port Orchard City Prosecutor; it appearing that the defendant herein
has filed a petition requesting consideration for deferred prosecution of a misdemeanor or gross
misdemeanor; that the defendant has earlier been referred to an approved treatment program for
diagnosis and evaluation, and the program’s report including diagnosis, treatment recommendations
and agreement to treat has been furnished to the Court; that the defendant having examined said
report and plan and having indicated acceptance thereof, and being in agreement to follow said plan
in detail; that the defendant having signed the “Petition for Deferred Prosecution, Stipulation of
Petitioner, and Waiver of Rights” forms; and the Court being fully advised in the premises now,
therefore, makes the following:
I. FINDINGS
A.
The defendant, on or about ___________________________, __________, was charged with
the offense(s) of ______________________________________________________.
B.
The defendant suffers from  ALCOHOLISM  DRUG ADDICTION  MENTAL PROBLEMS and,
if not treated, there is a high probability that similar misconduct will occur in the future.
C.
The defendant has completed an evaluation and received a diagnosis, which is attached.
D.
Extensive and long-term treatment is required and available and the defendant agrees to
comply with the terms and conditions of the treatment plan and to pay the costs thereof.
E.
The defendant has stipulated to the admissibility of the facts as contained in the written police
reports.
F.
The defendant has acknowledged the admissibility and sufficiency of the stipulated facts in
any criminal hearing or trial on the underlying offense(s) held subsequent to revocation of the
order granting deferred prosecution.
G.
The defendant’s statements were made knowingly and voluntarily.
H.
The defendant has acknowledged 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 his or her defense, and
the right to a jury trial.
II.
ORDER
A.
The deferred prosecution program for alcoholism shall be for a two-year period and shall
include, but not be limited to, all the recommendations contained in the evaluation, which is
attached, and the following requirements:
1. Total abstinence from alcohol and all other non-prescribed mind-altering drugs.
ORDER APPROVING TREATMENT PLAN, SETTING CONDITIONS, AND
ACCEPTING DEFENDANT FOR DEFERRED PROSECUTION - Page 1 of 3 (Revised 05-09-2016)

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