10.05.070 – Arraignment when treatment rejected.
RCW 10.05.070 Arraignment when treatment rejected. When treatment is either not recommended or not approved by the judge, or the petitioner declines to accept the treatment plan, the petitioner shall be arraigned on the charge. [ 1985 c 352 § 10; 1975 1st ex.s. c 244 § 7.] NOTES: Legislative finding—Severability—1985 c 352: See notes […]
10.05.080 – Evidence, uses and admissibility.
RCW 10.05.080 Evidence, uses and admissibility. If the petition is not approved or is withdrawn before approval, evidence pertaining to or resulting from the petition and/or investigation is inadmissible in any trial on the charges, but shall be available for use after a conviction in determining a sentence. [ 1985 c 352 § 11; 1975 […]
10.05.090 – Procedure upon breach of treatment plan.
RCW 10.05.090 Procedure upon breach of treatment plan. If a petitioner, who has been accepted for a deferred prosecution, fails or neglects to carry out and fulfill any term or condition of the petitioner’s treatment plan or any term or condition imposed in connection with the installation of an interlock or other device under RCW […]
10.05.100 – Conviction of similar offense.
RCW 10.05.100 Conviction of similar offense. If a petitioner is subsequently convicted of a similar offense that was committed while the petitioner was in a deferred prosecution program, upon notice the court shall remove the petitioner’s docket from the deferred prosecution file and the court shall enter judgment pursuant to RCW 10.05.020. [ 1998 c […]
10.05.010 – Petition—Eligibility.
RCW 10.05.010 Petition—Eligibility. (1) In a court of limited jurisdiction a person charged with a misdemeanor or gross misdemeanor may petition the court to be considered for a deferred prosecution program. The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and […]
10.05.015 – Statement of availability.
RCW 10.05.015 Statement of availability. At the time of arraignment a person charged with a violation of RCW 46.61.502 or 46.61.504 or a misdemeanor or gross misdemeanor domestic violence offense may be given a statement by the court that explains the availability, operation, and effects of the deferred prosecution program. [ 2019 c 263 § […]
10.05.020 – Requirements of petition—Rights of petitioner—Court findings.
RCW 10.05.020 Requirements of petition—Rights of petitioner—Court findings. (1) Except as provided in subsection (2) of this section, the petitioner shall allege under oath in the petition that the wrongful conduct charged is the result of or caused by substance use disorders or mental problems or domestic violence behavior problems for which the person is […]
10.05.030 – Arraignment continued—Treatment referral.
RCW 10.05.030 Arraignment continued—Treatment referral. The arraigning judge upon consideration of the petition and with the concurrence of the prosecuting attorney may continue the arraignment and refer such person for a diagnostic investigation and evaluation to: (1) An approved substance use disorder treatment program as designated in chapter 71.24 RCW if the petition alleges a […]
10.05.040 – Investigation and examination.
RCW 10.05.040 Investigation and examination. The program to which such person is referred, or the department of social and health services if the petition is brought under RCW 10.05.020(2), shall conduct an investigation and examination to determine: (1) Whether the person suffers from the problem described; (2) Whether the problem is such that if not […]
10.05.050 – Report to court—Recommended treatment plan—Commitment to provide treatment.
RCW 10.05.050 Report to court—Recommended treatment plan—Commitment to provide treatment. (1) The program, or the department of social and health services if the petition is brought under RCW 10.05.020(2), shall make a written report to the court stating its findings and recommendations after the examination required by RCW 10.05.040. If its findings and recommendations support […]