Wash. Rev. Code § 10.05.020

Current through 2024

Section 10.05.020 - [Effective Until 1/1/2026] Requirements of petition-Rights of petitioner-Court findings

(1) Except as provided in subsection (2) of this section, the petitioner shall allege under oath in the petition that the wrongful conduct charged is the result of or caused by substance use disorders or mental problems or domestic violence behavior problems for which the person is in need of treatment and unless treated the probability of future recurrence is great, along with a statement that the person agrees to pay the cost of a diagnosis and treatment of the alleged problem or problems if financially able to do so. The petition shall also contain a case history and written assessment prepared by an approved substance use disorder treatment program as designated in chapter 71.24 RCW if the petition alleges a substance use disorder, by an approved mental health center if the petition alleges a mental problem, or by a state-certified domestic violence treatment provider pursuant to RCW 43.20A.735 if the petition alleges a domestic violence behavior problem.

(2) In the case of a petitioner charged with a misdemeanor or gross misdemeanor under chapter 9A.42 RCW, the petitioner shall allege under oath in the petition that the petitioner is the natural or adoptive parent of the alleged victim; that the wrongful conduct charged is the result of parenting problems for which the petitioner is in need of services; that the petitioner is in need of child welfare services under chapter 74.13 RCW to improve his or her parenting skills in order to better provide his or her child or children with the basic necessities of life; that the petitioner wants to correct his or her conduct to reduce the likelihood of harm to his or her minor children; that in the absence of child welfare services the petitioner may be unable to reduce the likelihood of harm to his or her minor children; and that the petitioner has cooperated with the department of social and health services to develop a plan to receive appropriate child welfare services; along with a statement that the person agrees to pay the cost of the services if he or she is financially able to do so. The petition shall also contain a case history and a written service plan from the department of social and health services.

(3) Before entry of an order deferring prosecution, a petitioner shall be advised of his or her rights as an accused and execute, as a condition of receiving treatment, a statement that contains:

(a) An acknowledgment of his or her rights;

(b) an acknowledgment and waiver of the right to testify, the right to a speedy trial, the right to call witnesses to testify, the right to present evidence in his or her defense, and the right to a jury trial;

(c) a stipulation to the admissibility and sufficiency of the facts contained in the written police report; and

(d) an acknowledgment that the statement will be entered and used to support a finding of guilty if the court finds cause to revoke the order granting deferred prosecution. The petitioner shall also be advised that he or she may, if he or she proceeds to trial and is found guilty, be allowed to seek suspension of some or all of the fines and incarceration that may be ordered upon the condition that he or she seek treatment and, further, that he or she may seek treatment from public and private agencies at any time without regard to whether or not he or she is found guilty of the offense charged. He or she shall also be advised that the court will not accept a petition for deferred prosecution from a person who:

(i) Sincerely believes that he or she is innocent of the charges;

(ii) sincerely believes that he or she does not, in fact, suffer from alcoholism, drug addiction, mental problems, or domestic violence behavior problems; or

(iii) in the case of a petitioner charged under chapter 9A.42 RCW, sincerely believes that he or she does not need child welfare services.

(4) Before entering an order deferring prosecution, the court shall make specific findings that:

(a) The petitioner has stipulated to the admissibility and sufficiency of the facts as contained in the written police report;

(b) the petitioner has acknowledged the admissibility of the stipulated facts in any criminal hearing on the underlying offense or offenses held subsequent to revocation of the order granting deferred prosecution;

(c) the petitioner has acknowledged and waived the right to testify, the right to a speedy trial, the right to call witnesses to testify, the right to present evidence in his or her defense, and the right to a jury trial; and

(d) the petitioner's statements were made knowingly and voluntarily. Such findings shall be included in the order granting deferred prosecution.

RCW 10.05.020

Amended by 2021 c 215,§ 115, eff. 7/1/2022.

Amended by 2019 c 263,§ 703, eff. 1/1/2021.

Amended by 2016SP1 c 29,§ 525, eff. 4/1/2016.

Amended by 2010 c 269, § 9, eff. 1/1/2011.

2008 c 282 § 16; 2002 c 219 § 7; 1996 c 24 § 1; 1985 c 352 § 6; 1975 1st ex.s. c 244 § 2.

Effective date- 2022 c 268; 2021 c 215 : See note following RCW 7.105.900.

Findings-Intent- 2019 c 263 s s 202-803: See note following RCW 10.01.240.

Effective date- 2019 c 263 s s 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.

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.

Effective date- 2010 c 269 : See note following RCW 46.20.385.

Intent-Finding-2002 c 219: See note following RCW 9A.42.037.

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

Criminal history and driving record: RCW 46.61.513.

This section is set out more than once due to postponed, multiple, or conflicting amendments.