reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.030 - Arraignment continued—Treatment referral.

RCW 10.05.030
Arraignment continued—Treatment referral.
The arraigning judge upon consideration of the petition may continue the arraignment and refer such person for a diagnostic investigation and evaluation to:
(1) An approved substance use disorder treatment program as designated in chapter 71.24 RCW if the petition alleges a substance use disorder;
(2) An approved mental health center if the petition alleges a mental problem;
(3) The department of social and health services if the petition is brought under RCW 10.05.020(2); or
(4) An approved state-certified domestic violence treatment provider pursuant to RCW 43.20A.735 if the petition alleges a domestic violence behavior problem.
[ 2023 c 102 § 17; 2021 c 215 § 116; 2019 c 263 § 704; 2016 sp.s. c 29 § 526; 2002 c 219 § 8; 1999 c 143 § 42; 1975 1st ex.s. c 244 § 3.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Intent—2019 c 263 §§ 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 §§ 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
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.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.040 - Investigation and examination.

RCW 10.05.040
Investigation and examination.
The program to which such person is referred, or the department of social and health services if the petition is brought under RCW 10.05.020(2), shall conduct an investigation and examination to determine:
(1) Whether the person suffers from the problem described;
(2) Whether the problem is such that if not treated, or if no child welfare services are provided, there is a probability that similar misconduct will occur in the future;
(3) Whether extensive and long term treatment is required;
(4) Whether effective treatment or child welfare services for the person's problem are available; and
(5) Whether the person is amenable to treatment or willing to cooperate with child welfare services.
[ 2018 c 201 § 9005; 2002 c 219 § 9; 1985 c 352 § 7; 1975 1st ex.s. c 244 § 4.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.050 - Report to court—Recommended treatment plan—Commitment to provide treatment.

RCW 10.05.050
Report to court—Recommended treatment plan—Commitment to provide treatment.
(1) The program, or the department of social and health services if the petition is brought under RCW 10.05.020(2), shall make a written report to the court stating its findings and recommendations after the examination required by RCW 10.05.040. If its findings and recommendations support treatment or the implementation of a child welfare service plan, it shall also recommend a treatment or service plan setting out:
(a) The type;
(b) Nature;
(c) Length;
(d) A treatment or service time schedule; and
(e) Approximate cost of the treatment or child welfare services.
(2) In the case of a child welfare service plan, the plan shall be designed in a manner so that a parent who successfully completes the plan will not be likely to withhold the basic necessities of life from his or her child.
(3) The report with the treatment or service plan shall be filed with the court and a copy given to the petitioner and petitioner's counsel. A copy of the treatment or service plan shall be given to the prosecutor by petitioner's counsel at the request of the prosecutor. The evaluation facility, or the department of social and health services if the petition is brought under RCW 10.05.020(2), making the written report shall append to the report a commitment by the treatment program or the department of social and health services that it will provide the treatment or child welfare services in accordance with this chapter. The facility or the service provider shall agree to provide the court with a statement every three months for the first year and every six months for the second year regarding (a) the petitioner's cooperation with the treatment or child welfare service plan proposed and (b) the petitioner's progress or failure in treatment or child welfare services. These statements shall be made as a declaration by the person who is personally responsible for providing the treatment or services.
[ 2018 c 201 § 9006; 2002 c 219 § 10; 1985 c 352 § 8; 1975 1st ex.s. c 244 § 5.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.055 - Child welfare services.

RCW 10.05.055
Child welfare services.
Child welfare services provided under chapter 74.13 RCW pursuant to a deferred prosecution ordered under RCW 10.05.060 may not be construed to prohibit the department from providing services or undertaking proceedings pursuant to chapter 13.34 or 26.44 RCW.
[ 2002 c 219 § 12.]
NOTES:
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.060 - Procedure upon approval of plan.

RCW 10.05.060
Procedure upon approval of plan.
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 § 1; 1994 c 275 § 17; 1990 c 250 § 13; 1985 c 352 § 9; 1979 c 158 § 4; 1975 1st ex.s. c 244 § 6.]
NOTES:
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective dates—1990 c 250 §§ 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 § 93.]
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.070 - Arraignment when treatment rejected.

RCW 10.05.070
Arraignment when treatment rejected.
When treatment is either not recommended or not approved by the judge, or the petitioner declines to accept the treatment plan, the petitioner shall be arraigned on the charge.
[ 1985 c 352 § 10; 1975 1st ex.s. c 244 § 7.]
NOTES:
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.080 - Evidence, uses and admissibility.

RCW 10.05.080
Evidence, uses and admissibility.
If the petition is not approved or is withdrawn before approval, evidence pertaining to or resulting from the petition and/or investigation is inadmissible in any trial on the charges, but shall be available for use after a conviction in determining a sentence.
[ 1985 c 352 § 11; 1975 1st ex.s. c 244 § 8.]
NOTES:
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.090 - Procedure upon breach of treatment plan.

RCW 10.05.090
Procedure upon breach of treatment plan.
If a petitioner, who has been accepted for a deferred prosecution, fails or neglects to carry out and fulfill any term or condition of the petitioner's treatment plan or any term or condition imposed in connection with the installation of an interlock or other device under RCW 46.20.720, the facility, center, institution, or agency administering the treatment or the entity administering the use of the device, shall immediately report such breach to the court, the prosecutor, and the petitioner or petitioner's attorney of record, together with its recommendation. The court upon receiving such a report shall hold a hearing to determine whether the petitioner should be removed from the deferred prosecution program. At the hearing, evidence shall be taken of the petitioner's alleged failure to comply with the treatment plan or device installation and the petitioner shall have the right to present evidence on his or her own behalf. The court shall either order that the petitioner continue on the treatment plan or be removed from deferred prosecution. If removed from deferred prosecution, the court shall enter judgment pursuant to RCW 10.05.020 and, if the charge for which the deferred prosecution was granted was a misdemeanor or gross misdemeanor under Title 46 RCW, shall notify the department of licensing of the removal and entry of judgment.
[ 2010 c 269 § 10; 2008 c 282 § 17; 1997 c 229 § 1; 1994 c 275 § 18; 1985 c 352 § 12; 1975 1st ex.s. c 244 § 9.]
NOTES:
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—1997 c 229: "This act takes effect January 1, 1998." [ 1997 c 229 § 15.]
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.100 - Conviction of similar offense.

RCW 10.05.100
Conviction of similar offense.
If a petitioner is subsequently convicted of a similar offense that was committed while the petitioner was in a deferred prosecution program, upon notice the court shall remove the petitioner's docket from the deferred prosecution file and the court shall enter judgment pursuant to RCW 10.05.020.
[ 1998 c 208 § 2; 1985 c 352 § 13; 1975 1st ex.s. c 244 § 10.]
NOTES:
Effective date—1998 c 208: See note following RCW 10.05.010.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.110 - Trial delay not grounds for dismissal.

RCW 10.05.110
Trial delay not grounds for dismissal.
Delay in bringing a case to trial caused by a petitioner requesting deferred prosecution as provided for in this chapter shall not be grounds for dismissal.
[ 1985 c 352 § 14; 1975 1st ex.s. c 244 § 11.]
NOTES:
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.120 - Dismissal of charges.

RCW 10.05.120
Dismissal of charges.
(1) Three years after receiving proof of successful completion of the two-year treatment program, and following proof to the court that the petitioner has complied with the conditions imposed by the court following successful completion of the two-year treatment program, but not before five years following entry of the order of deferred prosecution pursuant to a petition brought under RCW 10.05.020(1), the court shall dismiss the charges pending against the petitioner.
(2) When a deferred prosecution is ordered pursuant to a petition brought under RCW 10.05.020(2) and the court has received proof that the petitioner has successfully completed the child welfare service plan, or the plan has been terminated because the alleged victim has reached his or her majority and there are no other minor children in the home, the court shall dismiss the charges pending against the petitioner: PROVIDED, That in any case where the petitioner's parental rights have been terminated with regard to the alleged victim due to abuse or neglect that occurred during the pendency of the deferred prosecution, the termination shall be per se evidence that the petitioner did not successfully complete the child welfare service plan.
(3) When a deferred prosecution is ordered for a petition brought under RCW 10.05.020(1) involving a domestic violence behavior problem and the court has received proof that the petitioner has successfully completed the domestic violence treatment plan, the court shall dismiss the charges pending against the petitioner.
[ 2019 c 263 § 705; 2003 c 220 § 1; 2002 c 219 § 14; 1998 c 208 § 3; 1994 c 275 § 19; 1985 c 352 § 15; 1983 c 165 § 45; 1975 1st ex.s. c 244 § 12.]
NOTES:
Findings—Intent—2019 c 263 §§ 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 §§ 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Effective date—1998 c 208: See note following RCW 10.05.010.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.130 - Services provided for indigent defendants.

RCW 10.05.130
Services provided for indigent defendants.
Funds shall be appropriated from the fines and forfeitures of the court to provide investigation, examination, report and treatment plan for any indigent person who is unable to pay the cost of any program of treatment.
[ 1975 1st ex.s. c 244 § 13.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.140 - Conditions of granting.

RCW 10.05.140
Conditions of granting.
(1) As a condition of granting a deferred prosecution petition, the court shall order that the petitioner shall not operate a motor vehicle upon the public highways without a valid operator's license and proof of liability insurance. The amount of liability insurance shall be established by the court at not less than that established by RCW 46.29.490. As a condition of granting a deferred prosecution petition on any alcohol-dependency based case, the court shall also order the installation of an ignition interlock under RCW 46.20.720. The required periods of use of the interlock shall be not less than the periods provided for in RCW 46.20.720. As a condition of granting a deferred prosecution petition, the court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160. To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. The court may terminate the deferred prosecution program upon violation of the deferred prosecution order.
(2) As a condition of granting a deferred prosecution petition for a case involving a domestic violence behavior problem:
(a) The court shall order the petitioner not to possess firearms and order the petitioner to surrender firearms under RCW 9.41.800; and
(b) The court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160. In addition, to help ensure continued sobriety and reduce the likelihood of reoffense in co-occurring domestic violence and substance abuse or mental health cases, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. The court may terminate the deferred prosecution program upon violation of the deferred prosecution order.
[ 2019 c 263 § 706; 2016 c 203 § 11; 2013 2nd sp.s. c 35 § 21; 2011 c 293 § 8; 2004 c 95 § 1; 2003 c 220 § 2; 1999 c 331 § 4; 1997 c 229 § 2; 1991 c 247 § 1; 1985 c 352 § 16.]
NOTES:
Findings—Intent—2019 c 263 §§ 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 §§ 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Effective date—2011 c 293 §§ 1-9: See note following RCW 46.20.385.
Effective date—1999 c 331: See note following RCW 9.94A.525.
Effective date—1997 c 229: See note following RCW 10.05.090.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.150 - Alcoholism program requirements.

RCW 10.05.150
Alcoholism program requirements.
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.
[ 2016 sp.s. c 29 § 527; 1999 c 143 § 43; 1985 c 352 § 17.]
NOTES:
*Reviser's note: Chapter 70.96A RCW was entirely repealed or recodified as sections in chapter 71.24 RCW by 2016 sp.s. c 29, effective April 1, 2018.
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.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.155 - Deferred prosecution program for domestic violence behavior—Requirements.

RCW 10.05.155
Deferred prosecution program for domestic violence behavior—Requirements.
A deferred prosecution program for domestic violence behavior, or domestic violence co-occurring with substance abuse or mental health, must include, but is not limited to, the following requirements:
(1) Completion of a risk assessment;
(2) Participation in the level of treatment recommended by the program as outlined in the current treatment plan;
(3) Compliance with the contract for treatment;
(4) Participation in any ancillary or co-occurring treatments that are determined to be necessary for the successful completion of the domestic violence intervention treatment including, but not limited to, mental health or substance use treatment;
(5) Domestic violence intervention treatment within the purview of this section to be completed with a state-certified domestic violence intervention treatment program;
(6) Signature of the petitioner agreeing to the terms and conditions of the treatment program;
(7) Proof of compliance with any active order to surrender weapons issued in this program or related civil protection orders or no-contact orders.
[ 2019 c 263 § 708.]
NOTES:
Findings—Intent—2019 c 263 §§ 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 §§ 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.160 - Appeal of deferred prosecution order.

RCW 10.05.160
Appeal of deferred prosecution order.
The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:
(1) Prior deferred prosecution has been granted to the defendant;
(2) For a present petition alleging a domestic violence behavior problem, a prior stipulated order of continuance has been granted to the defendant;
(3) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;
(4) Failure of the court to comply with the requirements of RCW 10.05.100;
(5) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program;
(6) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140.
[ 2019 c 263 § 707; 2010 c 269 § 11; 2008 c 282 § 19; 1999 c 143 § 44; 1998 c 208 § 4; 1985 c 352 § 18.]
NOTES:
Findings—Intent—2019 c 263 §§ 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 §§ 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—1998 c 208: See note following RCW 10.05.010.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.170 - Supervision as condition—Levy of assessment.

RCW 10.05.170
Supervision as condition—Levy of assessment.
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.
[ 1991 c 247 § 2; 1985 c 352 § 19.]
NOTES:
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.05 - Deferred Prosecution—Courts of Limited Jurisdiction. › 10.05.190 - Deferred finding program—Failure to register vehicle, aircraft, or vessel.

RCW 10.05.190
Deferred finding program—Failure to register vehicle, aircraft, or vessel.
Any county may set up a deferred finding program for persons who receive a citation for failing to register a vehicle under RCW 46.16A.030, an aircraft under RCW 47.68.255, or a vessel under RCW 88.02.400. Upon receipt of proof satisfactory to the prosecuting attorney's office with jurisdiction over the offense, which shall include payment of a five hundred dollar fine, that the person cited has a valid Washington state driver's license, and that the person cited has registered the vehicle, aircraft, or vessel that was the subject of the citation in Washington state, the citation must be dismissed. If receipt of proof does not occur within ninety days of the citation, the prosecuting attorney must seek the full penalty available for the citation. Fines generated pursuant to this program shall be used by the county for the purpose of enforcement and prosecution of registration requirements under RCW 46.16A.030, 47.68.255, or 88.02.400. This section applies to persons who have never received a previous citation or participated in a program of deferred finding for failing to register a vehicle under RCW 46.16A.030, an aircraft under RCW 47.68.255, or a vessel under RCW 88.02.400.
[ 2019 c 423 § 202.]
NOTES:
Finding—Intent—Effective date—2019 c 423: See notes following RCW 82.08.0273.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.10 - Criminal Appeals From District Courts. › 10.10.010 - Court rules.

RCW 10.10.010
Court rules.
Every person convicted before a district judge of any offense may appeal from the judgment as provided by court rules.
[ 1987 c 202 § 156; 1891 c 29 § 6, part; RRS § 1919, part. Prior: Code 1881 § 1898, part; 1877 p 203 § 7, part; 1873 p 384 § 196, part; 1854 p 261 § 177. Formerly RCW 10.10.010, 10.10.020, and 10.10.030.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.10 - Criminal Appeals From District Courts. › 10.10.060 - Appeal—Costs—Default.

RCW 10.10.060
Appeal—Costs—Default.
The appellant in a criminal action shall not be required to advance any fees in claiming his or her appeal nor in prosecuting the same; but if convicted in the appellate court, or if sentenced for failing to prosecute his or her appeal, he or she may be required as a part of the sentence to pay the costs of the prosecution. If the appellant shall fail to enter and prosecute his or her appeal he or she shall be defaulted of his or her recognizance, if any was taken, and the superior court may award sentence against him or her for the offense whereof he or she was convicted in like manner as if he or she had been convicted thereof in that court; and if he or she be not then in custody process may be issued to bring him or her into court to receive sentence.
[ 2010 c 8 § 1008; 1891 c 29 § 7; RRS § 1920. Prior: Code 1881 § 1900; 1873 p 384 § 198, part; 1854 p 261 § 179. Formerly RCW 10.10.060 and 10.10.080.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.16 - Preliminary Hearings. › 10.16.080 - Discharge of defendant—Frivolous complaints.

RCW 10.16.080
Discharge of defendant—Frivolous complaints.
If it should appear upon the whole examination that no offense has been committed, or that there is not probable cause for charging the defendant with an offense, he or she shall be discharged, and if in the opinion of the magistrate, the complaint was malicious, or without probable cause, and there was no reasonable ground therefor, the costs shall be taxed against the party making the complaint.
[ 2010 c 8 § 1009; Code 1881 § 1925; 1873 p 395 § 223; 1854 p 107 § 31; RRS § 1954.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.16 - Preliminary Hearings. › 10.16.100 - Abstract of costs forwarded with transcript.

RCW 10.16.100
Abstract of costs forwarded with transcript.
In all cases where any magistrate shall order a defendant to recognize for his or her appearance before a district or superior court, the magistrate shall forward with the papers in the case, an abstract of the costs that have accrued in the case, and such costs shall be subject to the final determination of the case.
[ 1987 c 202 § 163; Code 1881 § 1937; 1873 p 397 § 236; 1854 p 109 § 44; RRS § 1966.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.16 - Preliminary Hearings. › 10.16.110 - Statement of prosecuting attorney if no information filed—Court action.

RCW 10.16.110
Statement of prosecuting attorney if no information filed—Court action.
It shall be the duty of the prosecuting attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination, as provided by law, touching the commission of any offense wherein the offender shall be committed to jail, or become recognized or held to bail; and if the prosecuting attorney shall determine in any such case that an information ought not to be filed, he or she shall make, subscribe, and file with the clerk of the court a statement in writing containing his or her reasons, in fact and in law, for not filing an information in such case, and such statement shall be filed at and during the session of court at which the offender shall be held for his or her appearance: PROVIDED, That in such case such court may examine such statement, together with the evidence filed in the case, and if upon such examination the court shall not be satisfied with such statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.
[ 2010 c 8 § 1010; 1890 p 102 § 6; RRS § 2053. Formerly RCW 10.16.110 and 10.16.120.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.16 - Preliminary Hearings. › 10.16.145 - Witnesses—Recognizances with sureties.

RCW 10.16.145
Witnesses—Recognizances with sureties.
If the magistrate shall be satisfied that there is good cause to believe that any such witness will not perform the condition of his or her recognizance unless other security be given, such magistrate may order the witness to enter into recognizance with such sureties as may be deemed necessary for his or her appearance at court.
[ 2010 c 8 § 1011; Code 1881 § 1930; 1873 p 396 § 229; 1854 p 108 § 37; RRS § 1960. Formerly codified in RCW 10.16.140, part.]
NOTES:
Rules of court: This section probably superseded by CrR 6.13. See comment after CrR 6.13.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.16 - Preliminary Hearings. › 10.16.150 - Recognizances for minors.

RCW 10.16.150
Recognizances for minors.
When any minor is a material witness, any other person may be allowed to recognize for the appearance of such witness, or the magistrate may, in his or her discretion, take the recognizance of such minor in a sum not exceeding fifty dollars which shall be valid and binding in law, notwithstanding the disability of minority.
[ 2010 c 8 § 1012; 1973 1st ex.s. c 154 § 19; Code 1881 § 1931; 1873 p 396 § 230; 1854 p 108 § 38; RRS § 1961.]
NOTES:
Rules of court: This section probably superseded by CrR 6.13. See comment after CrR 6.13.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.16 - Preliminary Hearings. › 10.16.160 - Witnesses—Failure to furnish recognizance—Commitment—Deposition—Discharge.

RCW 10.16.160
Witnesses—Failure to furnish recognizance—Commitment—Deposition—Discharge.
All witnesses required to recognize with or without sureties shall, if they refuse, be committed to the county jail by the magistrate, there to remain until they comply with such orders or be otherwise discharged according to law: PROVIDED, That when the magistrate is satisfied that any witness required to recognize with sureties is unable to comply with such order, the magistrate shall immediately take the deposition of such witness and discharge the witness from custody upon the witness' own recognizance. The testimony of the witness shall be reduced to writing by a district judge or some competent person under the judge's direction, and only the exact words of the witness shall be taken; the deposition, except the cross-examination, shall be in the narrative form, and upon the cross-examination the questions and answers shall be taken in full. The defendant must be present in person when the deposition is taken, and shall have an opportunity to cross-examine the witnesses; the defendant may make any objections to the admission of any part of the testimony, and all objections shall be noted by the district judge; but the district judge shall not decide as to the admissibility of the evidence, but shall take all the testimony offered by the witness. The deposition must be carefully read to the witness, and any corrections the witness may desire to make thereto shall be made in presence of the defendant by adding the same to the deposition as first taken; it must be signed by the witness, certified by the district judge, and transmitted to the clerk of the superior court, in the same manner as depositions in civil actions. And if the witness is not present when required to testify in the case, either before the grand jury or upon the trial in the superior court, the deposition shall be submitted to the judge of such superior court, upon the objections noted by the district judge, and such judge shall suppress so much of said deposition as such judge shall find to be inadmissible, and the remainder of the deposition may be read as evidence in the case, either before the grand jury or upon the trial in the court.
[ 1987 c 202 § 164; 1891 c 11 § 15; Code 1881 § 1932; 1877 p 203 § 8; 1873 p 396 § 232; 1854 p 108 § 39; RRS § 1962. Formerly RCW 10.16.160, 10.16.170, and 10.16.180.]
NOTES:
Rules of court: This section modified if not superseded by CrR 6.13. See comment after CrR 6.13.
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.040 - Officers authorized to take recognizance and approve bail.

RCW 10.19.040
Officers authorized to take recognizance and approve bail.
Any officer authorized to execute a warrant in a criminal action, may take the recognizance and justify and approve the bail; he or she may administer an oath and examine the bail as to its sufficiency.
[ 2010 c 8 § 1013; Code 1881 § 1034; 1873 p 229 § 214; 1854 p 114 § 78; RRS § 2087. FORMER PART OF SECTION: 1891 c 11 § 13; Code 1881 § 1927; 1873 p 395 § 225; 1854 p 108 § 33; RRS § 1957, now codified in RCW 10.16.070.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.055 - Class A or B felony offenses—Bail for release determined by judicial officer.

RCW 10.19.055
Class A or B felony offenses—Bail for release determined by judicial officer.
Bail for the release of a person arrested and detained for a class A or B felony offense must be determined on an individualized basis by a judicial officer.
[ 2012 c 6 § 1; 2010 c 254 § 2.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.060 - Certification and filing of recognizances.

RCW 10.19.060
Certification and filing of recognizances.
Every recognizance taken by any peace officer must be certified by him or her forthwith to the clerk of the court to which the defendant is recognized. The clerk must thereupon record the recognizance in the order book, and, from the time of filing, it has the same effect as if taken in open court.
[ 2010 c 8 § 1014; Code 1881 § 1035; 1873 p 230 § 215; 1854 p 114 § 79; RRS § 2088.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.065 - Taking and entering recognizances.

RCW 10.19.065
Taking and entering recognizances.
Recognizances in criminal proceedings may be taken in open court and entered on the order book.
[Code 1881 § 1033; 1854 p 114 § 77; RRS § 2086.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.090 - Forfeiture, exoneration of recognizances—Judgment—Execution.

RCW 10.19.090
Forfeiture, exoneration of recognizances—Judgment—Execution.
In criminal cases where a recognizance for the appearance of any person, either as a witness or to appear and answer, shall have been taken and a default entered, the recognizance shall be declared forfeited by the court, and at the time of adjudging such forfeiture said court shall enter judgment against the principal and sureties named in such recognizance for the sum therein mentioned, and execution may issue thereon the same as upon other judgments. If the surety is not notified by the court in writing of the unexplained failure of the defendant to appear within thirty days of the date for appearance, then the forfeiture shall be null and void and the recognizance exonerated.
[ 1986 c 322 § 2; Code 1881 § 1137; 1873 p 230 § 217; 1867 p 103 § 1; RRS § 2231.]
NOTES:
Severability—1986 c 322: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1986 c 322 § 6.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.100 - Stay of execution of forfeiture judgment—Bond.

RCW 10.19.100
Stay of execution of forfeiture judgment—Bond.
The parties, or either of them, against whom such judgment may be entered in the superior or supreme courts, may stay said execution for sixty days by giving a bond with two or more sureties, to be approved by the clerk, conditioned for the payment of such judgment at the expiration of sixty days, unless the same shall be vacated before the expiration of that time.
[ 1891 c 28 § 86; Code 1881 § 1138; 1873 p 242 § 281; 1867 p 103 § 2; RRS § 2232. FORMER PART OF SECTION: 1891 c 28 § 87; Code 1881 § 1139; 1867 p 103 § 3; RRS § 2233, now codified as RCW 10.19.105.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.105 - Forfeiture judgment vacated on defendant's production—When.

RCW 10.19.105
Forfeiture judgment vacated on defendant's production—When.
If a bond be given and execution stayed, as provided in RCW 10.19.100, and the person for whose appearance such recognizance was given shall be produced in court before the expiration of said period of sixty days, the judge may vacate such judgment upon such terms as may be just and equitable, otherwise execution shall forthwith issue as well against the sureties in the new bond as against the judgment debtors.
[ 1891 c 28 § 87; Code 1881 § 1139; 1867 p 103 § 3; RRS § 2233. Formerly RCW 10.19.100, part.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.110 - Recognizances before district judge or magistrate—Forfeiture—Action.

RCW 10.19.110
Recognizances before district judge or magistrate—Forfeiture—Action.
All recognizances taken and forfeited before any district judge or magistrate, shall be forthwith certified to the clerk of the superior court of the county; and it shall be the duty of the prosecuting attorney to proceed at once by action against all the persons bound in such recognizances, and in all forfeited recognizances whatever, or such of them as the prosecuting attorney may elect to proceed against.
[ 1987 c 202 § 165; Code 1881 § 1166; 1873 p 230 § 215; 1854 p 128 § 175; RRS § 2234. FORMER PART OF SECTION: Code 1881 § 1936; 1873 p 397 § 235; 1863 p 390 § 216; 1859 p 141 § 185; 1854 p 109 § 43; RRS § 1965, now codified as RCW 10.16.190.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.120 - Actions not barred by defect of form or formality.

RCW 10.19.120
Actions not barred by defect of form or formality.
No action brought on any recognizance, bail, or appearance bond given in any criminal proceeding whatever shall be barred or defeated, nor shall judgment be arrested thereon, by reason of any neglect or omission to note or record the default of any principal or surety at the time when such default shall happen, or by reason of any defect in the form of the recognizance, if it sufficiently appear from the tenor thereof at what court or before what district judge the party or witness was bound to appear, and that the court or magistrate before whom it was taken was authorized by law to require and take such recognizance; and a recognizance may be recorded after execution awarded.
[ 1987 c 202 § 166; 1891 c 28 § 88; Code 1881 § 1167; 1854 p 129 § 176; RRS § 2235. FORMER PART OF SECTION: Code 1881 § 749; 1854 p 219 § 489; RRS § 777, now codified as RCW 19.72.170.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.140 - Return of bond to surety, when.

RCW 10.19.140
Return of bond to surety, when.
If a forfeiture has been entered against a person in a criminal case and the person is returned to custody or produced in court within twelve months from the forfeiture, then the full amount of the bond, less any and all costs determined by the court to have been incurred by law enforcement in transporting, locating, apprehending, or processing the return of the person to the jurisdiction of the court, shall be remitted to the surety if the surety was directly responsible for producing the person in court or directly responsible for apprehension of the person by law enforcement.
[ 1986 c 322 § 3.]
NOTES:
Severability—1986 c 322: See note following RCW 10.19.090.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.150 - Liability of surety, limitation.

RCW 10.19.150
Liability of surety, limitation.
The liability of the surety is limited to the amount of the bond when acting within the scope of the surety's duties in issuing the bond.
[ 1986 c 322 § 4.]
NOTES:
Severability—1986 c 322: See note following RCW 10.19.090.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.160 - Surrender of person under surety's bond.

RCW 10.19.160
Surrender of person under surety's bond.
The surety on the bond may return to custody a person in a criminal case under the surety's bond if the surrender is accompanied by a notice of forfeiture or a notarized affidavit specifying the reasons for the surrender. The surrender shall be made to the county or city jail affiliated with the jurisdiction issuing the warrant resulting in bail. Upon surrender, a person must be held until the next judicial day or until another bond is posted.
[ 2017 c 78 § 1; 1986 c 322 § 5.]
NOTES:
Severability—1986 c 322: See note following RCW 10.19.090.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.19 - Bail and Appearance Bonds. › 10.19.170 - Violent offenders—Reasons for release without bail.

RCW 10.19.170
Violent offenders—Reasons for release without bail.
Notwithstanding CrR 3.2, a court who releases a defendant arrested or charged with a violent offense as defined in RCW 9.94A.030 on the offender's personal recognizance or personal recognizance with conditions must state on the record the reasons why the court did not require the defendant to post bail.
[ 1996 c 181 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.21 - Bail Determinations Under Article I, Section 20—Conditions of Release. › 10.21.010 - Intent.

RCW 10.21.010
Intent.
It is the intent of the legislature to enact a law for the purpose of reasonably assuring public safety in bail determination hearings and hearings pursuant to the proposed amendment to Article I, section 20 of the state Constitution set forth in House Joint Resolution No. 4220. Other provisions of law address matters relating to assuring the appearance of the defendant at trial and preventing interference with the administration of justice.
[ 2010 c 254 § 3.]
NOTES:
Intent—2010 c 254: "The legislature intends by this act to require an individualized determination by a judicial officer of conditions of release for persons in custody for felony. This requirement is consistent with constitutional requirements and court rules regarding the right of a detained person to a prompt determination of probable cause and judicial review of the conditions of release and the requirement that judicial determinations of bail or release be made no later than the preliminary appearance stage." [ 2010 c 254 § 1.]
Contingent effective date—2010 c 254: "Sections 1 and 2 of this act take effect January 1, 2011. Sections 3 through 10 of this act take effect January 1, 2011, only if the proposed amendment to Article I, section 20 of the state Constitution proposed in House Joint Resolution No. 4220 is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, sections 3 through 11 of this act are null and void in their entirety." [ 2010 c 254 § 14.] House Joint Resolution No. 4220 was approved and ratified by the voters November 2, 2010.