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 of deferred prosecution pursuant to a petition brought under RCW 10.05.020(1), the court shall dismiss the charges pending against the petitioner.
(2) When a deferred prosecution is ordered pursuant to a petition brought under RCW 10.05.020(2) and the court has received proof that the petitioner has successfully completed the child welfare service plan, or the plan has been terminated because the alleged victim has reached his or her majority and there are no other minor children in the home, the court shall dismiss the charges pending against the petitioner: PROVIDED, That in any case where the petitioner's parental rights have been terminated with regard to the alleged victim due to abuse or neglect that occurred during the pendency of the deferred prosecution, the termination shall be per se evidence that the petitioner did not successfully complete the child welfare service plan.
(3) When a deferred prosecution is ordered for a petition brought under RCW 10.05.020(1) involving a domestic violence behavior problem and the court has received proof that the petitioner has successfully completed the domestic violence treatment plan, the court shall dismiss the charges pending against the petitioner.
[ 2019 c 263 § 705; 2003 c 220 § 1; 2002 c 219 § 14; 1998 c 208 § 3; 1994 c 275 § 19; 1985 c 352 § 15; 1983 c 165 § 45; 1975 1st ex.s. c 244 § 12.]
NOTES:
Findings—Intent—2019 c 263 §§ 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 §§ 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Effective date—1998 c 208: See note following RCW 10.05.010.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Structure Revised Code of Washington
Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction.
10.05.010 - Petition—Eligibility.
10.05.015 - Statement of availability.
10.05.020 - Requirements of petition—Rights of petitioner—Court findings.
10.05.030 - Arraignment continued—Treatment referral.
10.05.040 - Investigation and examination.
10.05.050 - Report to court—Recommended treatment plan—Commitment to provide treatment.
10.05.055 - Child welfare services.
10.05.060 - Procedure upon approval of plan.
10.05.070 - Arraignment when treatment rejected.
10.05.080 - Evidence, uses and admissibility.
10.05.090 - Procedure upon breach of treatment plan.
10.05.100 - Conviction of similar offense.
10.05.110 - Trial delay not grounds for dismissal.
10.05.120 - Dismissal of charges.
10.05.130 - Services provided for indigent defendants.
10.05.140 - Conditions of granting.
10.05.150 - Alcoholism program requirements.
10.05.155 - Deferred prosecution program for domestic violence behavior—Requirements.
10.05.160 - Appeal of deferred prosecution order.
10.05.170 - Supervision as condition—Levy of assessment.
10.05.180 - Failure to register vehicle, aircraft, or vessel—Deferral program—Exception—Fines.
10.05.190 - Deferred finding program—Failure to register vehicle, aircraft, or vessel.