RCW 10.05.150
713 words·~3 min read·
/wa/title-10/chapter-10-05/10-05-150·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A deferred prosecution program for alcoholism shall be for a two-year period and shall include, but not be limited to, the following requirements:
(1)Total abstinence from alcohol and all other nonprescribed mind-altering drugs;
(2)Participation in an intensive inpatient or intensive outpatient program in a state-approved substance use disorder treatment program;
(3)Participation in a minimum of two meetings per week of an alcoholism self-help recovery support group, as determined by the assessing agency, for the duration of the treatment program;
(4)Participation in an alcoholism self-help recovery support group, as determined by the assessing agency, from the date of court approval of the plan to entry into intensive treatment;
(5)Not less than weekly approved outpatient counseling, group or individual, for a minimum of six months following the intensive phase of treatment;
(6)Not less than monthly outpatient contact, group or individual, for the remainder of the two-year deferred prosecution period;
(7)The decision to include the use of prescribed drugs, including disulfiram, as a condition of treatment shall be reserved to the treating facility and the petitioner's physician;
(8)All treatment within the purview of this section shall occur within or be approved by a state-approved substance use disorder treatment program as described in *chapter 70.96A RCW;
(9)Signature of the petitioner agreeing to the terms and conditions of the treatment program.
[ 2016 sp.s. c 29 s 527 ; 1999 c 143 s 43 ; 1985 c 352 s 17 .]
Notes:
*Reviser's note: Chapter 70.96A RCW was entirely repealed or recodified as sections in chapter 71.24 RCW by 2016 sp.s. c 29, effective April 1, 2018.
Effective dates — 2016 sp.s. c 29: See note following RCW 71.05.760 .
Short title — Right of action — 2016 sp.s. c 29: See notes following RCW 71.05.010 .
Legislative finding — Severability — 1985 c 352: See notes following RCW 10.05.010 .
RCW 10.05.150
Deferred prosecution for substance use disorder or mental health co-occurring disorder — Requirements. (Effective January 1, 2026.)
(1)A deferred prosecution for either substance use disorder or mental health co-occurring disorder shall be for a two-year period and shall include, but not be limited to, the following requirements:
(a)Total abstinence from alcohol and all other nonprescribed mind-altering drugs;
(b)All treatment within the purview of this section shall occur within or be approved by a state-approved behavioral health agency as described in chapter 71.24 RCW;
(c)Signature of the petitioner agreeing to the terms and conditions of the treatment program;
(d)Periodic, random urinalysis or breath analysis;
(e)If the petitioner fails to remain abstinent, a full substance use disorder reassessment and recommended treatment;
(f)No less than weekly approved outpatient counseling, whether group or individual, for a minimum of six months following the intensive phase of treatment;
(g)No less than monthly outpatient contact, whether group or individual, for the remainder of the two-year deferred prosecution period; and
(h)The decision to include the use of prescribed drugs, including disulfiram, as a condition of treatment shall be reserved to the treating facility and the petitioner's physician.
(2)A deferred prosecution for substance use disorder shall include the following requirements:
(a)Completion of an intensive outpatient treatment program or residential inpatient treatment program, depending on the severity of the diagnosis; and
(b)Participation in a minimum of two meetings per week of a substance use disorder self-help recovery support group, as determined by the assessing agency, for the duration of the treatment program.
(3)A deferred prosecution for mental health co-occurring disorder shall include the following requirements:
(a)Completion of the requirements described in subsection
(2)of this section, or completion of an outpatient program as determined by the petitioner's diagnostic evaluation; and
(b)Completion of individual or group mental health services.
[ 2024 c 306 s 22 ; 2016 sp.s. c 29 s 527 ; 1999 c 143 s 43 ; 1985 c 352 s 17 .]
Notes:
Effective date — 2024 c 306: See note following RCW 9.94A.661 .
Effective dates — 2016 sp.s. c 29: See note following RCW 71.05.760 .
Short title — Right of action — 2016 sp.s. c 29: See notes following RCW 71.05.010 .
Legislative finding — Severability — 1985 c 352: See notes following RCW 10.05.010 .