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