S-3609.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 6139

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Nelson and Erwin)

Read first time 01/24/92.Allowing jury waiver for granting deferred prosecution.

     AN ACT Relating to waiver of a jury trial for granting deferred prosecution; and amending RCW 10.05.020 and 10.05.140.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 10.05.020 and 1985 c 352 s 6 are each amended to read as follows:

     (1) The petitioner shall allege under oath in the petition that the wrongful conduct charged is the result of or caused by alcoholism, drug addiction, or mental problems for which the person is in need of treatment and unless treated the probability of future reoccurrence is great, along with a statement that the person agrees to pay the cost of a diagnosis and treatment of the alleged problem or problems if financially able to do so.  The petition shall also contain a case history and written assessment prepared by an approved alcoholism treatment ((facility)) program as designated in chapter 70.96A RCW if the petition alleges alcoholism, an approved drug program as designated in chapter 71.24 RCW if the petition alleges drug addiction, or by an approved mental health center if the petition alleges a mental problem.

     (2) Before entry of an order deferring prosecution, a petitioner shall be advised of his or her rights as an accused and execute, as a condition of receiving treatment, a statement that contains:  (a) An acknowledgement of his or her rights; (b) a stipulation to the admissibility of the facts contained in the written police report; ((and)) (c) an acknowledgement that the statement will be entered and used to support a finding of guilty if the court finds cause to revoke the order granting deferred prosecution; and (d) an acknowledgement and waiver of the right to a jury trial.  The petitioner shall also be advised that he or she may, if he or she proceeds to trial and is found guilty, be allowed to seek suspension of some or all of the fines and incarceration that may be ordered upon the condition that he or she seek treatment and, further, that he or she may seek treatment from public and private agencies at any time without regard to whether or not he or she is found guilty of the offense charged.  ((He)) The petitioner shall also be advised that the court will not accept a petition for deferred prosecution from a person who sincerely believes that he or she is innocent of the charges or sincerely believes that he or she does not, in fact, suffer from alcoholism, drug addiction, or mental problems.

     (3) Before entering an order deferring prosecution, the court shall make specific findings that:  (a) The petitioner has stipulated to the admissibility of the facts as contained in the written police report; (b) the petitioner has acknowledged the admissibility of the stipulated facts in any criminal hearing or trial on the underlying offense or offenses held subsequent to revocation of the order granting deferred prosecution; ((and)) (c) the petitioner's statements were made knowingly and voluntarily; and (d) the petitioner has acknowledged the right to a jury trial and waived the right to a jury trial.  Such findings shall be included in the order granting deferred prosecution.

     Sec. 2.  RCW 10.05.140 and 1991 c 247 s 1 are each amended to read as follows:

     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.  The court shall not grant a deferred prosecution unless the defendant has executed all acknowledgements, stipulations, and waivers as specified in RCW 10.05.020(2), including a waiver of the right to a jury trial.  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.  The court may terminate the deferred prosecution program upon violation of this section.