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 […]
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 § […]
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 […]
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 […]
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 […]
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 […]
RCW 10.05.055 Child welfare services. Child welfare services provided under chapter 74.13 RCW pursuant to a deferred prosecution ordered under RCW 10.05.060 may not be construed to prohibit the department from providing services or undertaking proceedings pursuant to chapter 13.34 or 26.44 RCW. [ 2002 c 219 § 12.] NOTES: Intent—Finding—2002 c 219: See note […]
RCW 10.05.060 Procedure upon approval of plan. If the report recommends treatment, the court shall examine the treatment plan. If it approves the plan and the petitioner agrees to comply with its terms and conditions and agrees to pay the cost thereof, if able to do so, or arrange for the treatment, an entry shall […]
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 […]
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 […]
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 […]
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 […]
RCW 10.05.110 Trial delay not grounds for dismissal. Delay in bringing a case to trial caused by a petitioner requesting deferred prosecution as provided for in this chapter shall not be grounds for dismissal. [ 1985 c 352 § 14; 1975 1st ex.s. c 244 § 11.] NOTES: Legislative finding—Severability—1985 c 352: See notes following […]
RCW 10.05.120 Dismissal of charges. (1) Three years after receiving proof of successful completion of the two-year treatment program, and following proof to the court that the petitioner has complied with the conditions imposed by the court following successful completion of the two-year treatment program, but not before five years following entry of the order […]
RCW 10.05.130 Services provided for indigent defendants. Funds shall be appropriated from the fines and forfeitures of the court to provide investigation, examination, report and treatment plan for any indigent person who is unable to pay the cost of any program of treatment. [ 1975 1st ex.s. c 244 § 13.]
RCW 10.05.140 Conditions of granting. (1) As a condition of granting a deferred prosecution petition, the court shall order that the petitioner shall not operate a motor vehicle upon the public highways without a valid operator’s license and proof of liability insurance. The amount of liability insurance shall be established by the court at not […]
RCW 10.05.150 Alcoholism program requirements. A deferred prosecution program for alcoholism shall be for a two-year period and shall include, but not be limited to, the following requirements: (1) Total abstinence from alcohol and all other nonprescribed mind-altering drugs; (2) Participation in an intensive inpatient or intensive outpatient program in a state-approved substance use disorder […]
RCW 10.05.155 Deferred prosecution program for domestic violence behavior—Requirements. A deferred prosecution program for domestic violence behavior, or domestic violence co-occurring with substance abuse or mental health, must include, but is not limited to, the following requirements: (1) Completion of a risk assessment; (2) Participation in the level of treatment recommended by the program as […]
RCW 10.05.160 Appeal of deferred prosecution order. The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds: (1) Prior deferred prosecution has been granted to the defendant; (2) For a present petition alleging a domestic violence behavior problem, a prior stipulated order of continuance has been granted to […]
RCW 10.05.170 Supervision as condition—Levy of assessment. As a condition of granting deferred prosecution, the court may order supervision of the petitioner during the period of deferral and may levy a monthly assessment upon the petitioner as provided in RCW 10.64.120. In a jurisdiction with a probation department, the court may appoint the probation department […]
