Wash. Rev. Code » Title 10 · Chapter 10.05
Revised Code of Washington

Wash. Rev. Code § 10.05.060 (2026)

✓ current as of May 2026
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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.
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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.
Notes of Decisions
Cited in 11 cases, 1979–2013 · leading case: State v. Cascade Dist. Court, 621 P.2d 115 (Wash. 1980).
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State v. Cascade Dist. Court, 621 P.2d 115 (Wash. 1980). · cites it 2× “RCW 10.05.060. Const, art. 4, § 1 vests judicial power in the courts of Washington.”
Michel v. City of Richland, 950 P.2d 10 (Wash. Ct. App. 1998). · cites it 2× “While the references to expunging the record and using deferred prosecution for enhancement were removed from the statute in 1994, another section, RCW 10.05.060, was amended at the same time to order that petitioners would have their driver’s licenses on a probationary basis…”
State v. Velasquez, 292 P.3d 92 (Wash. 2013). “¶11 RCW 10.05.060 is similarly instructive: If the report recommends treatment, the court shall examine the treatment plan.”
Abad v. Cozza, 128 Wash. 2d 575 (Wash. 1996). “RCW 10.05.060. If treatment is not approved or accepted, the accused is arraigned on the charge, RCW 10.”
Abad v. Cozza, 911 P.2d 376 (Wash. 1996). “RCW 10.05.060. If treatment is not approved or accepted, the accused is arraigned on the charge, RCW 10.”
State v. Ashue, 188 P.3d 522 (Wash. Ct. App. 2008). “Ashue did not file a petition with the court and her entry into the diversion program did not meet other statutory requirements for deferred prosecution.”
State v. Hayes, 683 P.2d 237 (Wash. Ct. App. 1984). “05.030. The facility then devises a treatment plan which it submits to the court.”
State v. Vinge, 795 P.2d 1199 (Wash. Ct. App. 1990). “See RCW 10.05.060. A deferred prosecution treatment program for alcoholism must be for a 2-year period and satisfy numerous other requirements.”
State v. Ashue, 188 P.3d 522 (Wash. Ct. App. 2008). “Ashue did not file a petition with the court and her entry into the diversion program did not meet other statutory requirements for deferred prosecution.”
Eberhardt v. State, 275 P.3d 560 (Alaska Ct. App. 2012). · cites it 2× “[11] Former Wash. Rev.Code § 10.05.060 (1994). [12] Id.”
State ex rel. Schillberg v. Cascade Dist. Court, 604 P.2d 491 (Wash. Ct. App. 1979). · cites it 2× “RCW 10.05.060. If the defendant complies with the conditions imposed by the court and is not convicted for any subsequent offense similar to the one for which deferred prosecution was granted, the charges against the defendant shall be dismissed 2 years from the date of the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.