1.

CrRLJ 4.1100

Petition for Deferred Prosecution

Laws of 2004, ch. 95, § 1 amended RCW 10.05.140 as follows:

“….As a condition of granting a deferred prosecution petition on any alcohol-dependency based case, the court shall also order the installation of an ignition interlock or other device under RCW 46.20.720. [The provisions relating to petitioners with specific violations and alcohol concentrations and the provisions relating to any other petitioners were deleted.] The required periods of use of the interlock shall be not less than the periods provided for in RCW 46.20.720(2)(a), (b) and (c).

To implement the new language, the following changes to paragraph 12 are recommended:

“I understand that if the court grants this Petition, I may not operate a motor vehicle on the public highways without a valid operator’s license and proof of liability insurance pursuant to RCW 46.29.490. I understand that if my wrongful conduct is the result of or caused by alcohol dependency, I may shall also be required to install an ignition interlock or other device on any motor vehicle I operate as set forth in under RCW 46.20.720. The required periods of use of the interlock shall be not less than the periods provided for in RCW 46.20.720(2)(a), (b) and (c)…..”

Laws of 2003, ch. 220, § 2, added the following additional possible conditions of deferral to RCW 10.05.140:

“…In help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior…”

However, RCW 10.05.150(3) requires a minimum of two self-help recovery programs per week for the duration of an alcoholism treatment program.

To implement Laws of 2003, ch. 220, § 2 and RCW 10.05.150(3), the following changes to paragraph 12 are recommended:

“…..I may also be required to pay restitution to victims, pay court costs, and pay probation costs authorized by law. To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. Alcoholism programs shall require a minimum of two self-help recovery groups per week for the duration of the treatment program. The court may terminate the deferred prosecution program if I violate this paragraph.”

Laws of 2005, ch. 400 made the Interstate Compact on Adult Offender Supervision applicable to qualifying misdemeanor and gross misdemeanor offenders. The Interstate Compact on Adult Offender Supervision Commission has issued ICAOS Advisory Opinion Number ICAOS 6-2005 indicating that the ICAOS applied to deferred prosecution cases.

To implement Laws of 2005, ch. 400, the following new paragraph 13 is proposed:

“I understand that if the court grants this Petition, during the period of deferred prosecution I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if my wrongful conduct involves: (i) an offense in which a person has incurred direct or threatened physical or psychological harm; (ii) an offense that involves the use or possession of a firearm; (iii) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; (iv) a sexual offense that requires me to register as a sex offender in Washington state. I understand that I will be required to pay an application fee with my travel or transfer request.”

Laws of 2003, ch. 220, § 1, added the following language to RCW 10.05.120(1), relating to dismissal of the charge:

“…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…”

To implement the new language, the following changes to paragraph 15 are recommended:

“I understand that the charge(s) against me in this case will be dismissed three years from the end of the two-year treatment plan program, and following proof to the court that I have complied with the conditions imposed by the court following successful completion of the two-year treatment program, but no less than five years from the date the deferred prosecution is granted, if the court grants my petition for deferred prosecution and if I fully comply with all the terms of the court order placing me on deferred prosecution.”

Under the Defense Attorney signature line, insert “/WSBA No.”

2.

CrRLJ 4.1110

Petition for Deferred Prosecution of Criminal Mistreatment Charge

To implement Laws of 2004, ch. 95, § 1 and Laws of 2003, ch. 220, § 2, and RCW 10.05.150(3) discussed above, the following changes to paragraph 14 are recommended:

“I understand that if the court grants this petition, I may not operate a motor vehicle on the public highways without a valid operator’s license and proof of liability insurance pursuant to RCW 46.29.490. I understand that if my parenting problems and resulting wrongful conduct are based on alcohol dependency, I may shall also be required to install an ignition interlock or other device on any motor vehicle I operate as set forth in under RCW 46.20.720. The required periods of use of the interlock shall be not less than the periods provided for in RCW 46.20.720(2)(a), (b), and (c). I may also be required to pay restitution to victims, pay court costs, and pay probation costs authorized by law. To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. Alcoholism programs shall require a minimum of two self-help recovery groups per week for the duration of the treatment program. The court may terminate the deferred prosecution program if I violate this paragraph.”

To implement Laws of 2005, ch. 400, discussed above, the following new paragraph 15 is proposed:

“I understand that if the court grants this Petition, during the period of deferred prosecution I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if my wrongful conduct involves: (i) an offense in which a person has incurred direct or threatened physical or psychological harm; (ii) an offense that involves the use or possession of a firearm; (iii) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; (iv) a sexual offense that requires me to register as a sex offender in Washington state. I understand that I will be required to pay an application fee with my travel or transfer request.”

Under the Defense Attorney signature line, insert “/WSBA No.”