Washington § 10.05.090 - Procedure upon breach of treatment plan.

Full text of Washington Revised Code of Washington § 10.05.090 — Procedure upon breach of treatment plan., with citation guidance and answers to common questions.

§ 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. 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.
[ 2024 c 306 s 18; 2010 c 269 s 10; 2008 c 282 s 17; 1997 c 229 s 1; 1994 c 275 s 18; 1985 c 352 s 12; 1975 1st ex.s. c 244 s 9.]

Notes

Effective date—2024 c 306: See note following RCW 9.94A.661.
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 s 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.

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 10.05.090

What does Revised Code of Washington § 10.05.090 cover?

Section 10.05.090 ("Procedure upon breach of treatment plan.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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A common citation format is "Revised Code of Washington § 10.05.090" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

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