Chapter 6.28
STAY OUT OF DRUG AREAS (SODA) ORDERS
Sections:
6.28.020 Person subject to court order defined.
6.28.025 Stay out of drug areas orders – Issuance – Other court orders.
6.28.030 Violation of order – Penalties.
6.28.040 Prohibited areas – Designation – Modification and termination.
6.28.010 Orders – Conditions.
Any judge or judge pro tempore of the Marysville municipal court may issue written orders to criminal defendants describing conditions of their pretrial release or the post-conviction conditions of suspension or deferral of their sentences. Orders must be substantially in the form described in this chapter. (Ord. 2925 § 1, 2013; Ord. 2886 § 1, 2012).
6.28.020 Person subject to court order defined.
As used in this chapter, “person subject to court order” means any person who is subject to an order issued under MMC 6.28.010. (Ord. 2925 § 1, 2013; Ord. 2886 § 1, 2012).
6.28.025 Stay out of drug areas orders – Issuance – Other court orders.
(1) Any order issued pursuant to this chapter that specifically orders as a condition of pretrial release and/or deferral or suspension of sentence that the defendant stay out of areas with a high level of illegal drug trafficking shall be hereinafter referred to as a “SODA” (“Stay Out of Drug Areas”) order.
(2) SODA orders may be issued to anyone charged with or convicted of possession of drug paraphernalia, manufacture/delivery of drug paraphernalia, delivery of drug paraphernalia to a minor, selling/giving drug paraphernalia to another person, possession of marijuana, or any of the aforementioned crimes that occur within a drug-free zone.
(3) Nothing within this section shall be construed as precluding the court from issuing an order pursuant to this chapter that is not specifically a SODA order. (Ord. 2925 § 1, 2013; Ord. 2886 § 1, 2012).
6.28.030 Violation of order – Penalties.
(1) Written orders issued under this chapter shall contain the court’s directives and shall bear the legend:
WARNING: Violation of this order subjects the violator to arrest under Chapter 6.28 MMC and shall constitute a separate criminal offense and may result in imposition of suspended or deferred jail time and/or fine.
(2) Penalties. A person who knowingly and willfully disobeys a SODA (“Stay Out of Drug Areas”) order issued under this chapter is guilty of a gross misdemeanor. (Ord. 2925 § 1, 2013; Ord. 2886 § 1, 2012).
6.28.040 Prohibited areas – Designation – Modification and termination.
(1) Whenever an order is issued under this chapter, the subject of the order may be ordered to stay out of certain areas that are set forth within the written order. These areas will hereinafter be referred to as “prohibited areas.”
(2) Prohibited areas that are set forth in SODA orders may be established, modified, or eliminated by a resolution of the city council. The police department will provide information to the city council to support establishing, modifying, or eliminating prohibited areas.
(3) Prohibited areas that are set forth in orders issued under this chapter other than SODA orders may be set by court discretion and are not required to be set in accordance with subsection (2) of this section.
(4) Upon request for modification or termination of any order issued under this chapter, the court shall consider the requested modification or termination by allowing for a process by which the subject of the order can provide relevant testimony or other evidence in support of his/her request.
(5) Unless otherwise ordered by the court, an order issued under this chapter shall have as its termination date two years from the date of its issuance.
(6) Whenever an order is issued, modified or terminated pursuant to this chapter, the clerk of the court shall forward a copy of the order on or before the next judicial day to the Marysville police department. Upon receipt of the copy of the order, the Marysville police department shall enter the order until the expiration date specified on the order into any computer-based criminal intelligence information system(s) available to Marysville police officers. Upon receipt of notice that an order has been terminated, the Marysville police department shall remove the order from the computer-based criminal intelligence information system(s).
(7) Nothing in any provision of this chapter related to SODA orders shall be construed as prohibiting the subject of a SODA order from participating in a scheduled court hearing or from attending a scheduled meeting with his/her legal counsel within a prohibited area. (Ord. 3058 § 1 (Exh. A), 2017; Ord. 2925 § 1, 2013; Ord. 2886 § 1, 2012).