Revised Code of Washington - RCW Title 10 Criminal Procedure - Chapter 10.05 Deferred Prosecution -- Courts Of Limited Jurisdiction

  • 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 ...
  • 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 may be given a statement by the court that ...
  • 10.05.020 Requirements of petition -- Rights of petitioner -- Court findings
    (1) Except as provided in subsection (2) of this section or *section 18 of this act, the petitioner shall allege under oath in the petition ...
  • 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 ...
  • 10.05.040 Investigation and examination
    The *facility 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 ...
  • 10.05.050 Report to court -- Recommended treatment plan -- Commitment to provide treatment
    (1) The *facility, 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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    If the petition is not approved or is withdrawn before approval, evidence pertaining to or resulting from the petition and/or investigation is inadmissible in any ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 10.05.140 Conditions of granting
    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 ...
  • 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 ...
  • 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 ...
  • 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 ...

Last modified: April 7, 2009