(1) In counties with a forensic navigator program, a forensic navigator shall:
(a) Meet, interview, and observe all defendants charged with a nonfelony, or a class C felony other than assault in the third degree under RCW
9A.36.031(1) (d) or (f), felony physical control of a vehicle under RCW
46.61.504(6), felony hit and run resulting in injury under RCW
46.52.020(4)(b), a hate crime offense under RCW
9A.36.080, a class C felony with a domestic violence designation, a class C felony sex offense as defined in RCW
9.94A.030, or a class C felony with a sexual motivation allegation, who have had two or more cases dismissed due to a finding of incompetency to stand trial in the preceding 24 months and who are at risk for a finding of incompetency under their current charge. The forensic navigator shall determine the defendants' willingness to engage with services under this section; and
(b) Provide a diversion program plan to the parties in each case that includes a recommendation for a diversion program to defense counsel and the prosecuting attorney. Services under a diversion program may include a referral for assisted outpatient treatment under chapter
71.05 RCW.
(2) The court shall dismiss the criminal charges upon agreement of the parties that the defendant has been accepted into the diversion program recommended by the forensic navigator.
(3)(a) For defendants charged with a nonfelony, the court may order the defendant to a diversion program if recommended by the forensic navigator. Upon engagement with the diversion program, the defense may move to dismiss the charges without prejudice. The court shall hold a hearing on this motion within 10 days. The court shall grant the defense motion if it finds by a preponderance of the evidence that the defendant is amenable to the services described in the diversion program and can safely receive services in the community.
(b) For defendants charged with a class C felony other than assault in the third degree under RCW
9A.36.031(1) (d) or (f), felony physical control of a vehicle under RCW
46.61.504(6), felony hit and run resulting in injury under RCW
46.52.020(4)(b), a hate crime offense under RCW
9A.36.080, a class C felony with a domestic violence designation, a class C felony sex offense as defined in RCW
9.94A.030, or a class C felony with a sexual motivation allegation, the defense may move for dismissal of the charges without prejudice if the defendant is currently subject to a civil commitment order under chapter
71.05 RCW. The court shall grant the defense motion upon confirmation of an available treatment plan under chapter
71.05 RCW.
(4) Individuals who are referred to a diversion program described in this section shall have a forensic navigator assigned to assist them for up to six months while engaging in the services described in the diversion program.
(5) Forensic navigators shall collaborate with available Trueblood settlement diversion programs if they are accessible in the geographic location where criminal charges are currently filed.