The Deferred Prosecution program allows the Prosecutor to delay criminal charges on a case provided you complete assessment with a state certified treatment provider and complete treatment requirements, as defined in RCW 10.05. After all treatment components are satisfied and your Probation Services Case Manager has received proof from that provider, Probation Services will notify the Prosecutor, informing them that the treatment component of your Deferred Prosecution is complete. 

Entering any Deferred Prosecution program in the State of Washington now requires amenability prior to Deferred Prosecution being granted. To be amenable to treatment is defined as: 

1. Completion of residential treatment
2. Completion of a minimum of 18 hours of intensive outpatient treatment, for substance use disorder petitions
3. Completion of a minimum of six mental health sessions, for mental health disorder petitions
4. Completion of a minimum of six domestic violence treatment sessions for domestic violence petitions 

For all Driving Under the Influence cases, Probation Services will monitor your case for three (3) years, following the completion of treatment, conducting records checks to assure no new law violations have occurred.  

A Deferred Prosecution for either Substance Use Disorder or Mental Health Co-Occurring Disorder shall include: 

• Maintain total abstinence from alcohol and non-prescribed mind-altering drugs
• All treatment shall occur or be approved by a state-approved behavioral health agency
• Periodic, random urinalysis or breath analysis
• Pay all fines / fees as ordered
• Remain law abiding for the duration of Deferred Prosecution
• Maintain monthly contact with Probation Services Case Manager as defined by Probation Services until treatment is completed
• Complete the Three Phases of Substance Abuse Treatment:
• Phase I – Completion of an Intensive Outpatient Treatment program or residential treatment program, depending on the severity of the diagnosis
• Phase II - no less than weekly approved outpatient counseling, whether in a group or individual, for a minimum of six months following the intensive phase of treatment
• Phase III - no less than monthly outpatient contact, whether group or individual, for the remainder of the two-year deferred prosecution period
• Participation in a minimum of two meetings per week of a Substance Use disorder self- help recovery support group, as determined by the accessing agency, for the duration of the treatment program
• If the petitioner fails to remain abstinent, a full Substance Use Disorder reassessment and recommended treatment
• Complete Victim’s Panel within 90 days of entering Deferred Prosecution – register at www.legacyhealth.org/tntt
• Installation of an Ignition Interlock immediately - if DOL cannot confirm ignition interlock was installed, your license can be suspended 

Deferred Prosecution is sometimes pursued for Domestic Violence or Mental Health related cases. These cases are monitored by Probation Services for the completion of treatment pursuant to an evaluation from a state-approved behavioral health agency. When proof is received by Probation Services that treatment is complete, Probation will advise the Prosecutor. 

Prior to entering the Deferred Prosecution program, you must complete an orientation. Contact District Court Probation Services at (564) 397-4113 to sign up by phone or complete the online intake form below.

Deferred Prosecution orientations occur every Tuesday at 3:00pm over Microsoft Teams and last 15–30 minutes.

You must register for the class at least 24 hours in advance. If you register for orientation less than 24 hours in advance, you will automatically be bumped to the next available orientation class.

Deferred Prosecution Orientation Intake Form