1113-S AMH FARI PATT 307
SHB 1113 - H AMD 305
By Representative Farivar
ADOPTED AS AMENDED 03/08/2025
On page 1, beginning on line 12, strike all of subsection (a) and insert the following:
"(a)(i) The court may continue a case pursuant to a defendant's agreement to waive speedy trial in anticipation of dismissal following court-ordered conditions for a period not to exceed 12 months and order the defendant to comply with terms, conditions, or programs that are connected to the underlying charge and reasonably related to supporting the defendant's rehabilitation.
(ii) In determining which terms, conditions, or programs are appropriate to order, the court shall consider the defendant's specific circumstances affecting the underlying charge, including but not limited to whether the underlying charge is the result of or caused by a behavioral health disorder as defined in RCW 71.05.020, lack of access to stable housing or employment, or a combination of such factors, and whether the defendant has previously been identified as needing competency restoration treatment.
(iii) The court shall consider ordering the defendant to participate in a recovery navigator program established under RCW 71.24.115, arrest and jail alternative program established under RCW 36.28A.450, law enforcement assisted diversion program established under RCW 71.24.589, Trueblood high utilizer program, or local diversion program, or a combination of such programs, to the extent such programs are available in the jurisdiction and are appropriate for the defendant's specific circumstances.
(iv) The court shall hear from both parties and rule on the motion in open court."
| EFFECT: Requires the court to consider specific factors and programs when determining which terms, conditions, or programs are appropriate to order as part of the process established under the bill for dismissing a misdemeanor or gross misdemeanor charge. |
--- END ---