Washington — RCW 10.05.060

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 terms and conditions and agrees to pay the cost thereof, if able to do so, or arrange for the treatment, an entry shall be made upon the person's court docket showing that the person has been accepted for deferred prosecution. A copy of the treatment plan shall be filed with the court. If the charge be one that an abstract of the docket showing the charge, the date of the violation for which the charge was made, and the date of petitioner's acceptance is required to be sent to the department of licensing, an abstract shall be sent, and the department of licensing shall make an entry of the charge and of the petitioner's acceptance for deferred prosecution on the department's driving record of the petitioner.

The entry is not a conviction for purposes of Title 46 RCW. Upon receipt of the abstract of the docket, the department shall issue the petitioner a probationary license in accordance with RCW 46.20.355 , and the petitioner's driver's license shall be on probationary status for five years from the date of the violation that gave rise to the charge. The department shall maintain the record for ten years from date of entry of the order granting deferred prosecution.

[ 2009 c 135 s 1 ; 1994 c 275 s 17 ; 1990 c 250 s 13 ; 1985 c 352 s 9 ; 1979 c 158 s 4 ; 1975 1st ex.s. c 244 s 6 .]

Notes:

Short title — Effective date — 1994 c 275: See notes following RCW 46.04.015 .

Effective dates — 1990 c 250 ss 1-13: "Sections 1 through 9, and 11 through 13 of this act shall take effect on January 1, 1991. Section 10 of this act shall take effect on July 1, 1990." [ 1990 c 250 s 93 .]

Legislative finding — Severability — 1985 c 352: See notes following RCW 10.05.010 .

RCW 10.05.060

Procedure upon approval of plan. (Effective January 1, 2026.)

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 terms and conditions and agrees to pay the cost thereof, if able to do so, or arrange for the treatment, an entry shall be made upon the person's court docket showing that the person has been accepted for deferred prosecution. A copy of the treatment plan shall be filed with the court. If the charge be one that an abstract of the docket showing the charge, the date of the violation for which the charge was made, and the date of petitioner's acceptance is required to be sent to the department of licensing, an abstract shall be sent, and the department of licensing shall make an entry of the charge and of the petitioner's acceptance for deferred prosecution on the department's driving record of the petitioner.

The entry is not a conviction for purposes of Title 46 RCW. Upon receipt of the abstract of the docket, the department shall issue notice that 45 days after receipt, the petitioner must apply for a probationary license in accordance with RCW 46.20.355 , and the petitioner's driver's license shall be on probationary status for five years from the date of the violation that gave rise to the charge. The department shall maintain the record consistent with the requirements of RCW 46.01.260 .

[ 2024 c 306 s 17 ; 2009 c 135 s 1 ; 1994 c 275 s 17 ; 1990 c 250 s 13 ; 1985 c 352 s 9 ; 1979 c 158 s 4 ; 1975 1st ex.s. c 244 s 6 .]

Notes:

Effective date — 2024 c 306: See note following RCW 9.94A.661 .

Short title — Effective date — 1994 c 275: See notes following RCW 46.04.015 .

Effective dates — 1990 c 250 ss 1-13: "Sections 1 through 9, and 11 through 13 of this act shall take effect on January 1, 1991. Section 10 of this act shall take effect on July 1, 1990." [ 1990 c 250 s 93 .]

Legislative finding — Severability — 1985 c 352: See notes following RCW 10.05.010 .