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 the defendant;
(3) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;
(4) Failure of the court to comply with the requirements of RCW 10.05.100;
(5) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program;
(6) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140.
[ 2019 c 263 § 707; 2010 c 269 § 11; 2008 c 282 § 19; 1999 c 143 § 44; 1998 c 208 § 4; 1985 c 352 § 18.]
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.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—1998 c 208: See note following RCW 10.05.010.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
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.