The bill amends various sections of the Revised Code of Washington (RCW) concerning deferred prosecutions, focusing on eligibility and procedural requirements. It stipulates that individuals charged with misdemeanors or gross misdemeanors must petition the court for deferred prosecution and meet specific eligibility criteria, including findings under RCW 10.05.020. Notably, individuals charged with certain driving offenses are now permitted to petition for a second deferred prosecution under specific conditions, such as having no prior out-of-state convictions and being assessed as eligible for treatment. The bill also emphasizes the need for written assessments from approved behavioral health agencies and outlines treatment plan requirements, including monthly progress reports.

Additionally, the bill introduces new legal language regarding treatment plans, requiring proof of successful completion before charges can be dismissed, and mandates ignition interlocks for substance use disorder cases while prohibiting firearm possession in domestic violence cases. It modifies supervision conditions, reducing driving record checks from every six months to every three months, and clarifies requirements for total abstinence from nonprescribed drugs and regular counseling. The bill also includes a new provision for scoring prior convictions in sentencing, counting one point for deferred prosecutions under specific DUI laws and ensuring all relevant convictions are considered. The changes aim to enhance accountability, support for treatment, and the fairness of sentencing, with the bill set to take effect on January 1, 2024.

Statutes affected:
Original Bill: 10.05.010, 10.05.015, 10.05.020, 10.05.030, 10.05.040, 10.05.050, 10.05.060, 10.05.090, 10.05.100, 10.05.140, 10.05.150, 10.05.155, 10.05.170, 9.94A.525
Substitute Bill: 10.05.010, 10.05.015, 10.05.020, 10.05.030, 10.05.040, 10.05.050, 10.05.060, 10.05.090, 10.05.100, 10.05.140, 10.05.150, 10.05.155, 10.05.170, 9.94A.525