The Deferred Prosecution program allows the Prosecutor to Defer Prosecuting your case, provided you complete treatment requirements ordered by the court, pursuant to an assessment you complete with a state certified treatment provider.
This statute allows the state to detain an individual involuntarily if the state can prove the individual (1) suffers from a mental disorder; and (2) the individual is either a danger to themselves, others or property.
A DUI Deferred Prosecution will typically include the following requirements: Phase I - 72 hours of Intensive Out-Patient Treatment. Phase II - 26 weeks of Out-Patient treatment. Phase III - monthly monitoring for the remainder of the two-year treatment obligation.
RCW 10.05 permits some defendants suffering from alcoholism, drug addiction, and/or mental health problems to enter into a deferred prosecution program. This is a five year program. It is involves two years of substance abuse and/or mental health treatment followed by three years of law-abiding behavior.
The tricky thing about a deferred sentence is that yes, it does dismiss the case, but the original conviction remains until you vacate that original conviction.
The new mental health law in Washington State expands criteria for involuntary commitment and extends the initial detention period for evaluation and treatment from 72 hours to 120 hours.