Chapter 9.00   GENERAL PROVISIONS*

Sections:


9.00.010   Short title.

This title shall be known and may be cited as the Black Diamond penal code.

(Ord. 645 § 1 (part), 1998)

9.00.020   Alternative dispositions of criminal cases.

A.

Compromise and Dismissal. In all cases where a defendant is charged with a criminal act for which there is a civil remedy available to the victim, except in those cases involving offenses against public officers or violence of any nature, the court may, in its discretion, dismiss all criminal charges upon a finding that the victim has acknowledged in writing that the victim has received satisfaction for the injury or loss sustained, and upon payment by the defendant of all costs incurred by the city in the proceedings.

B.

Assessment of Punishment. If a defendant is found guilty, the court shall set the punishment therefor in the form of a judgment for costs as provided in Section 9.00.060, and a fine or imprisonment, or both, as provided in Section 9.00.060.

C.

Deferral of Sentence. After a conviction, the court may defer sentencing the defendant and place the defendant on probation and prescribe the conditions thereof. Such conditions may including making restitution to the victim of the crime and the payment of court costs and a fine in an amount equivalent to that which would have been assessed had the sentence not been deferred. In no case shall the time of deferral extend for more than two years from the date of conviction. During the time of deferral the court may, for good cause shown, permit a defendant to withdraw his or her plea of guilty, permit him or her to enter a plea of not guilty, and dismiss the charges against him or her. If the defendant fails to comply with any term or condition imposed by the court during the deferral, the defendant shall be required to appear before the court and the court may enter a conviction upon his or her record and impose sentence.

D.

Suspension of Sentence. For a period not to exceed two years after imposition of sentence, the court shall have continuing jurisdiction and authority to suspend the execution of all or any part of its sentence upon stated terms and conditions. Such conditions may include making restitution to the victim of the crime and payment of court costs and a fine. If the defendant fails to comply with any term or condition of probation, he or she shall be required to appear before the court for revocation of probation and re-sentencing.

E.

Restitution in Lieu of Punishment. If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof, the court, in lieu of imposing a fine or imprisonment authorized by Section 9.00.110, may order the defendant to pay an amount fixed by the court, not to exceed double the amount of the defendant's gain or the victim's loss from the commission of the crime. Such amount shall be used to provide restitution to the victim at the order of the court. In such case, the court shall make a finding as to the amount of the defendant's gain or the victim's loss from the crime; and if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For the purpose of this section, the terms, "gain" and "loss" refer to the amount of money or the value of property or services gained or lost.

(Ord. 645 § 1 (part), 1998)

9.00.030   Deferred prosecution.

The following statutes regarding deferred prosecution are incorporated by reference:

RCW 10.05.010 Eligibility—Time for petition.
RCW 10.05.015 Statement of availability.
RCW 10.05.020 Requirements of petition—Rights of petitioner—Court findings.
RCW 10.05.030 Arraignment continued—Referral to treatment facility.
RCW 10.05.040 Investigation and examination by treatment facility.
RCW 10.05.050 Report to court by treatment facility—Recommended treatment plan—Commitment to provide treatment.
RCW 10.05.060 Docket and abstract procedure upon approval of treatment plan.
RCW 10.05.070 Petitioner arraigned when treatment rejected.
RCW 10.05.080 Evidence, uses and admissibility.
RCW 10.05.090 Procedure upon breach of treatment plan.
RCW 10.05.100 Conviction of similar offense.
RCW 10.05.110 Trial delay not grounds for dismissal.
RCW 10.05.120 Dismissal of charges.
RCW 10.05.130 Services provided for indigent defendants.
RCW 10.05.140 Conditions of granting.
RCW 10.05.150 Alcoholism program requirements.
RCW 10.05.160 Appeal of order granting deferred prosecution.
RCW 10.05.170 Supervision as condition—Levy of assessment.

 

(Ord. 645 § 1 (part), 1998)

9.00.040   Collection of judgments.

Upon conviction and entry of judgment for a fine and costs, execution may be issued against the property of a defendant and returned in the same manner as in civil actions. Upon order of the court, a convicted defendant who is in default on payment of any monetary sums required by the judgment may be imprisoned until all such monetary sums are either paid, credited for time served, or worked out at a community service project designated by the city. A defendant may be given credit in an amount to be determined by the court for each day of imprisonment and in an amount to be determined by the court on an hourly basis for work on a designated community service project.

(Ord. 645 § 1 (part), 1998)

9.00.050   Costs of prosecution and defense.

Whenever anyone is convicted of an offense under this title, in addition to the fine imposed, he or she must pay the costs of prosecution. Costs of prosecution shall include any or all of the following: cost of docketing, cost of issuing a warrant, cost for mileage and processing the warrant, a fee for a personal recognizance bond, and costs for witness fees. Furthermore, in the court's discretion, a defendant may be required to reimburse the city for the cost of retaining assigned defense counsel. If in default on any of the above costs, a defendant shall be imprisoned until such fine and costs of prosecution and defense are paid, credited for time served, or worked out at a community service project designated by the city. A defendant may be given credit in an amount to be determined by the court for each day of imprisonment and in an amount to be determined by the court on an hourly basis for work on a designated community service project.

(Ord. 645 § 1 (part), 1998)

9.00.060   Costs of incarceration.

Once a defendant has been convicted of a misdemeanor or gross misdemeanor, unless the defendant has been found by the court, pursuant to RCW 10.101.020, to be indigent, the court may require the defendant to pay for the cost of incarceration at a rate of up to fifty dollars per day of incarceration. Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision, shall take precedence over the payment of the cost of incarceration ordered by the court. All funds received from defendant for the cost of incarceration in the city jail shall be remitted to the city for criminal justice purposes.

(Ord. 645 § 1 (part), 1998)

9.00.070   Statute of limitations.

Prosecutions for criminal offenses defined in the Black Diamond municipal code, and for those state statutes incorporated herein by reference, may be commenced at any time within two years after their commission if they constitute gross misdemeanors, and at any time within one year after their commission if they constitute misdemeanors; provided, that the statute of limitations prescribed herein shall not run during any time when the person charged is not usually and publicly resident within the state of Washington.

(Ord. 645 § 1 (part), 1998)

9.00.080   Presumption of innocence.

Every person charged with the commission of a crime is presumed innocent unless proved guilty. No person may be convicted of a crime unless each element of such crime is proved by competent evidence beyond a reasonable doubt.

(Ord. 645 § 1 (part), 1998)

9.00.090   Arrests—Citations—Warrants.

A.

A peace officer may arrest a person without a warrant if the officer has probable cause to believe that such person has:

1.

Committed a crime in the officer's presence; or

2.

Committed a crime not in the officer's presence if allowed by RCW 10.31.100, as now or hereafter amended.

B.

Whenever a person is arrest for a violation of the law, the arresting officer, or any other authorized peace officer, may serve upon the arrested person a citation and notice to appear, in lieu of continued custody, as provided in the Criminal Rule for Courts of Limited Jurisdiction, as now or hereafter amended.

C.

Warrants shall issue and bail shall be set for persons who violated their promise to appear in court as proved by the Criminal Rules for Courts of Limited Jurisdiction, as now or hereafter amended. The Criminal Rules for Courts of Limited Jurisdiction shall apply to procedures relating to arrests, citations, warrants and other criminal proceedings.

(Ord. 645 § 1 (part), 1998)

9.00.110   Classification of Crimes—Penalties.

All offenses defined by this title, or by any state statute which is incorporated herein by reference, constitute crimes and are classified as misdemeanors or gross misdemeanors as indicated by state law for the particular offense; provided, that where no express designation is made in state law or this code, such crimes shall be misdemeanors. Any party convicted of having committed a misdemeanor or gross misdemeanor shall be punished by a fine and/or imprisonment not to exceed the limits set forth for misdemeanors and gross misdemeanors in RCW 9A.20.021(2) and (3).

(Ord. 645 § 1 (part), 1998)

9.00.115   Punishment of gross misdemeanor when not fixed by statute.

The city adopts by reference as though fully set forth herein RCW Section 9.92.020 as currently existing or as hereafter amended.

(Ord. 788 § 1, 2005)

9.00.120   Punishment of misdemeanor when not fixed by statute.

The city adopts by reference as though fully set forth herein RCW Section 9.92.030 as currently existing or as hereafter amended.

(Ord. 788 § 2, 2005)