Revised Code of Washington
Wash. Rev. Code § 10.05.170 (2026)
✓ current as of May 2026
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As a condition of granting deferred prosecution, the court may order supervision of the petitioner during the period of deferral and may levy a monthly assessment upon the petitioner as provided in RCW 10.64.120. In a jurisdiction with a probation department, the court may appoint the probation department to supervise the petitioner. In a jurisdiction without a probation department, the court may appoint an appropriate person or agency to supervise the petitioner. A supervisor appointed under this section shall be required to do at least the following:
(1) If the charge for which deferral is granted relates to operation of a motor vehicle, at least once every six months request from the department of licensing an abstract of the petitioner's driving record; and
(2) At least once every month make contact with the petitioner or with any agency to which the petitioner has been directed for treatment as a part of the deferral.
Notes:
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
As a condition of granting deferred prosecution, the court may order supervision of the petitioner during the period of deferral and may levy a monthly assessment upon the petitioner as provided in RCW 10.64.120. In a jurisdiction with a probation department, the court may appoint the probation department to supervise the petitioner. In a jurisdiction without a probation department, the court may appoint an appropriate person or agency to supervise the petitioner. A supervisor appointed under this section shall be required to do at least the following:
(1) If the charge for which deferral is granted relates to operation of a motor vehicle, at least once every three months request an abstract of the petitioner's driving record;
(2) At least once every month make contact with the petitioner until treatment is completed;
(3) Review the petitioner's criminal history at a minimum of every 90 days until the end of the deferral period; and
(4) Report known violations of supervision or law and noncompliance with conditions of the deferred prosecution to the court within five business days or as soon as practicable.
Notes:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
Notes of Decisions
Cited in 4
cases, 1989–1998 · leading case: State v. Bays, 954 P.2d 301 (Wash. Ct. App. 1998).
State v. Bays, 954 P.2d 301 (Wash. Ct. App. 1998). “RCW 10.05.170, .150. Alcohol program requirements include total abstinence from *737 alcohol and participation in an intensive treatment program and in a minimum of two support group meetings a week.”
State v. Wright, 774 P.2d 1265 (Wash. Ct. App. 1989). “" RCW 10.05.170 provides in pertinent part: "Supervision as condition of deferred prosecution.”
State v. Vinge, 795 P.2d 1199 (Wash. Ct. App. 1990). “RCW 10.05.170, .140. If the defendant, following entry of a deferred prosecution, fails to carry out any term or condition, the treatment facility reports the breach to the court, which then conducts a hearing to determine "whether the petitioner should be removed from the…”
State v. Friend, 797 P.2d 539 (Wash. Ct. App. 1990). “RCW 10.05.170 permits the court to order supervision of a petitioner during the period of deferral; costs are not mentioned.”
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