Revised Code of Washington
Wash. Rev. Code § 10.05.150 (2026)
✓ current as of May 2026
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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.
Notes:
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.
(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.
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.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1989–2021 · leading case: State v. Higley, 902 P.2d 659 (Wash. Ct. App. 1995).
State v. Higley, 902 P.2d 659 (Wash. Ct. App. 1995). “See RCW 10.05.150, .170. On March 22, 1990, Dixon’s civil attorney wrote to the prosecutor asking for copies of the police reports related to the accident.”
State v. Hahn, 924 P.2d 392 (Wash. Ct. App. 1996). “” 3 RCW 10.05.150 provides that a deferred prosecution program for alcoholism shall be for a two-year period and shall impose several restrictions including total abstinence from alcohol and participation in a treatment program.”
State v. Bays, 954 P.2d 301 (Wash. Ct. App. 1998). “See RCW 10.05.150 (“deferred prosecution program for alcoholism shall he for a two-year period”).”
State v. Wright, 774 P.2d 1265 (Wash. Ct. App. 1989). “First, the statute expressly sets forth the requirements for the deferred prosecution alcoholism program, which are treatment-oriented and do not include punishment.”
State v. Vinge, 795 P.2d 1199 (Wash. Ct. App. 1990). “RCW 10.05.150. The court, as part of a deferred prosecution order, may impose additional conditions, including supervision.”
Alwood v. Aukeen Dist. Court Comm'r Harper, 973 P.2d 12 (Wash. Ct. App. 1999). “12 RCW 10.05.150. 13 RCW 10.05.120. 14 RCW 10.”
State Of Washington v. Alem Skrobo, 485 P.3d 333 (Wash. Ct. App. 2021). “And RCW 10.05.150 provides, in relevant part, “A deferred prosecution program for alcoholism shall be for a two-year period .”
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