Chapter 2.98
THERAPEUTIC ALTERNATIVES TO PROSECUTION PROGRAM AND FEES

Sections:

2.98.010    Repealed.

2.98.015    Therapeutic alternatives to prosecution program.

2.98.020    Program and evaluation fees.

2.98.030    TAP fee advisory committee.

2.98.010 Pre-prosecution diversion program -- Purpose.

(Ord. 82-039 § 1, adopted May 4, 1982; Repealed by Amended Ord. 12-099, Nov. 28, 2012, Eff date Jan. 1, 2013).

2.98.015 Therapeutic alternatives to prosecution program.

(1) The prosecuting attorney is authorized to establish the therapeutic alternatives to prosecution (TAP) program as an alternative to prosecution of adult offenders whose commission of felony offenses is directly related to drug or alcohol dependency or mental illness. The TAP program shall be designed to assist offenders who are amenable to behavioral change, hold participants accountable for their criminal acts, eliminate drug or alcohol abuse, stabilize and maintain mental health, provide restitution for victims, and prevent recidivism by addressing the root causes of criminal behavior.

(2) Entry into the TAP program shall be determined by the prosecuting attorney based on the facts of each case, the offender’s criminal history, available resources, and other factors determined by the prosecuting attorney. Participation in the program shall be voluntary and subject to conditions established by the prosecuting attorney.

(3) This chapter shall not affect the prosecutorial discretion of the prosecuting attorney. Neither the availability of the TAP program, nor its existence or continued operation, is established as a matter of right by the enactment of the ordinance codified in this chapter.

(Added by Amended Ord. 12-099, Nov. 28, 2012, Eff date Jan. 1, 2013).

2.98.020 Program and evaluation fees.

(1) To provide for the initial evaluation, referral and supervision of TAP program participants, the following fees shall be charged:

(a) A $300.00 evaluation fee to be paid by the applicant for the initial evaluation of the applicant;

(b) A $150.00 TAP diversion agreement signing fee to be paid by each participant who is accepted into the program. This fee may be paid according to a payment plan established in the participant’s diversion agreement;

(c) A $50.00 per month program participation fee to be paid by the participant for each month of participation in the program.

(2) The TAP fees may be waived or reduced for indigent persons by the TAP fee advisory committee pursuant to SCC 2.98.030. Upon referral to the committee by the TAP program director, the fees may be waived or reduced according to the individual’s financial affidavit or other relevant financial information.

(3) The participant shall make all payments of fees in a guaranteed form of payment, such as a certified, cashier’s or bank manager’s check. The check shall be made payable to Snohomish County and delivered to the TAP program office.

(4) All payments made to the TAP program office shall be delivered to the office of the Snohomish County treasurer, and shall be placed into fund 124.

(Ord. 82-039 § 1, adopted May 4, 1982; Amended by Ord. 10-082, Oct. 13, 2010 Eff date Oct. 24, 2010; Amended by Amended Ord. 12-099, Nov. 28, 2012, Eff date Jan. 1, 2013).

2.98.030 TAP fee advisory committee.

(1) A TAP fee advisory committee is hereby established to waive, reduce or leave intact fees for indigent program participants and applicants, subject to oversight as determined appropriate by the prosecuting attorney.

(a) Membership Terms and Compensation. The advisory committee shall be composed of three members from the community, who shall be residents of Snohomish County. They shall serve three-year terms without compensation. In no event shall the members be appointed to more than three consecutive terms.

(b) The committee members shall be nominated by the director of the TAP program and shall serve upon appointment by the prosecuting attorney. Members may be removed from office at the pleasure of the county by way of the same procedure as appointments.

(c) Vacancies on the committee shall be filled in the same manner as the initial appointment.

(2) Meetings. The advisory committee shall conduct bi-monthly meetings to review cases referred to it by the program director and to perform other duties as provided below.

(3) Dates. The advisory committee shall make the following determinations concerning program fees or evaluation fees:

(a) The committee shall waive, adjust or leave intact the $300.00 evaluation fee for indigent program applicants referred to the committee by the program director. The applicant’s financial affidavit and other relevant financial information may be considered by the committee.

(b) The committee shall waive, adjust or leave intact the $50.00 monthly program participation fee for program participants referred to the committee by the program director. The participant’s financial affidavit and other relevant financial information may be considered by the committee.

(c) The committee may resolve disputes between program staff and program participants concerning program fees. The committee may act as final arbiter in disputes concerning evaluation and program fees.

(Ord. 82-039 § 1, adopted May 4, 1982; Amended by Amended Ord. 12-099, Nov. 28, 2012, Eff date Jan. 1, 2013).