Eligibility for Deferred Prosecution.
A person charged with a misdemeanor or gross misdemeanor in district or municipal court may petition the court for a deferred prosecution, subject to certain conditions. For example, a petitioner is not eligible for more than one deferred prosecution for gross misdemeanor Driving Under the Influence or Physical Control of a Vehicle Under the Influence charges.
To qualify for a deferred prosecution, the petitioner must allege that a substance use disorder, mental health problem, or domestic violence behavior problem caused the petitioner to commit the charged offense and that treatment is necessary to prevent reoccurrence. An approved treatment provider, health center, or government agency must prepare a case history and risk assessment. The entity preparing the case history and risk assessment is based on the petitioner's underlying problem. For example, a petitioner seeking a deferred prosecution related to criminal mistreatment must be evaluated by and have a plan developed and facilitated by the Department of Social and Health Services.
Requirements for Deferred Prosecution.
The court may refer the petitioner for a diagnostic investigation and evaluation to determine:
The entity conducting the evaluation must make a written report to the court stating its findings and recommendations. If the entity supports treatment, it must also recommend a treatment plan containing the type, nature, length, schedule, and cost of treatment. If the court approves the plan and the petitioner agrees to comply with its terms and conditions, the court must accept the petitioner’s request for a deferred prosecution.
A deferred prosecution based on alcoholism must be for a two-year period and require:
As a condition of granting a deferred prosecution, the court may appoint a probation department or other appropriate person or agency to supervise the petitioner. The supervisor must:
Felony Offender Scores.
For most felony offenses, the Sentencing Reform Act provides a determinate sentencing system in which sentencing courts generally impose sentences within a standard range. The standard range for a person is determined by reference to a grid, which provides a base sentence according to the person’s offender score and the seriousness level of the present offense. The offender score is a point total based on the person’s prior dispositions and convictions.
Eligibility for Deferred Prosecution.
A person who participates in a deferred prosecution for a first-time gross misdemeanor Driving Under the Influence (DUI) or Physical Control of a Vehicle Under the Influence (PC) charge may petition the court for a second deferred prosecution for a subsequent charge, provided that the person meets eligibility requirements, the court makes specific findings, and the person has no prior out-of-state convictions that would constitute a prior offense. A person who did not participate in a deferred prosecution for a first-time gross misdemeanor DUI or PC charge is only eligible to petition the court for one deferred prosecution for a subsequent charge.
A person may petition the court for a second deferred prosecution while still under the jurisdiction of the court for a first deferred prosecution; however, the court must revoke the first deferred prosecution. A person may not participate in two deferred prosecutions at the same time unless the separate offenses were committed within seven days of each other and the person petitions to consolidate the offenses into a single deferred prosecution.
A petition for deferred prosecution must include a case history and risk assessment. The entity preparing the case history and risk assessment is based on the petitioner's underlying problem. A substance use disorder or mental health co-occurring disorder requires a state-approved behavioral health agency. Domestic violence requires a state-certified domestic violence intervention treatment provider. Criminal mistreatment crimes require the Department of Children, Youth, and Families.
Requirements for Deferred Prosecution.
A program or department performing a diagnostic investigation and evaluation must determine whether the petitioner is either:
A deferred prosecution based on either a substance use disorder or a mental health co-occurring disorder must be for a two-year period and impose the following requirements:
A deferred prosecution based on substance use disorder must also impose the following requirements:
A deferred prosecution based on a mental health co-occurring disorder must also impose the following requirements:
A deferred prosecution based on a mental health disorder where the conduct did not involve and was not caused by alcohol, drugs, or substance use, must include treatment recommended by a mental health provider.
As a condition of granting a deferred prosecution, the court may appoint a probation department or other appropriate person or agency to supervise the petitioner. The supervisor must:
Felony Offender Scores.
A deferred prosecution for a second or subsequent DUI or PC offense counts as one point on a defendant's offender score for felony traffic offenses.
(In support) Encouraging and promoting treatment is a shared goal. Traffic fatalities are increasing. Driving under the influence is not a crime of addiction, although it plays a role in DUI crimes. Studies show that when a person completes a treatment program through deferred prosecution, there are fewer incidents of recidivism not only for DUIs but for all criminal offenses. It is important to incentivize and destigmatize treatment for people who are diagnosed with a substance use disorder for their first DUI crime. Treatment in lieu of prosecution improves public safety, decreases recidivism, and prioritizes prompt access to treatment. A second deferred prosecution removes the perverse incentive to postpone use of deferred prosecution for treatment and allows people who are challenged by addiction a second chance at treatment. Allowing the second deferred prosecution to count as a point in the offender score is a proper balance for when treatment fails at the first attempt. Deferred prosecution is supported by numerous organizations, and is a sound policy that will save lives.
(Opposed) None
(Other) It may be good to allow a second deferred prosecution, but only in the limited situation where a person has used it for their first DUI offense. Allowing a person to delay treatment is not a good public safety model. A first DUI conviction is not usually a first offense because charges are often pled down. The bill should be revised to include prior negligence or reckless endangerment that are originally charged as a DUI.