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HomeMy WebLinkAbout3737Ordinance No. 3737 (Amending or Repealing Ordinances) CFN=122 - Police/Fire Departments Passed - 4/5/2005 Probation Violations - Deferred Prosecution Amending Ord. 3621 (Sec. 9.04.390) ORDINANCE NO. .3*737 AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.02.390 of the Kent City Code to revise the definition of "probationer" in order to extend its application not only to those on probation who have been convicted of a crime, but also to those individuals completing a deferred prosecution program. RECITALS A. In the event an individual is on probation following his or her conviction a crime and fails to abide by orders or conditions set by the court, Kent City Code CCC") section 9.02.390 allows a police officer to arrest that individual and bring him her before the court for review. B. Although KCC 9.02.390(B) extends its application to those completing a ed prosecution, the "probationer" definition set forth in KCC 9.02.390(A) does Therefore, it is appropriate to amend KCC 9.02.390(A) in order to revise the tion of "probationer" to apply to those individuals completing a deferred program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Probation Violations — Deferred Prosecution ORDINANCE SECTION 1. - Amendment. Section 9.02.390 of the Kent City Code, entitled "Probation violations," is amended as follows: Sec. 9.02.390. Probation violations. For purposes of this section, the word probationer means any person who, after conviction of violation of an ordinance of the city or a law of the state, or after entry of been placed on probation in connection with die ---a suspenedsien sentence, er-deferredel-e€ sentence, or deferred prosecution by either a district court -e€ hey, municipal court, or toe -superior court. B. Whenever a police officer shall have probable cause to believe that a probationer, prior to the termination of his probation, is in such police officer's presence and is violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, the police officer may cause the probationer to be brought before the court wherein sentence was deferred or suspended for such purpose, the police officer may arrest such probationer without warrant or process. SECTION Z - Severability. If any one or more section, subsections, or of this ordinance are held to be unconstitutional or invalid, such decision not affect the validity of the remaining portion of this ordinance and the same remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force (30) days from and after its passage as provided by law. JIM "ITE, MA 2 Probation Violations - Deferred Prosecution (ATTEST: CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of April, 2004. APPROVED: �p _ day of April, 2004. PUBLISHED: / day of April, 2004. I hereby certify that this is a true copy of Ordinance No. -?y .7 passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. _ BRENDA JACOBER, OtY CLERK 3 Probation Violations — Deferred Prosecution