10.05.160 - Appeal of deferred prosecution order. - Washington Statutes

Appeal of deferred prosecution order. (Effective until January 1, 2011.)

The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:

     (1) Prior deferred prosecution has been granted to the defendant;

     (2) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;

     (3) Failure of the court to comply with the requirements of RCW 10.05.100;

     (4) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program;

     (5) Failure of the court to order the installation of an ignition interlock or other device under RCW 46.20.720 or *46.20.385.

[2008 c 282 § 19; 1999 c 143 § 44; 1998 c 208 § 4; 1985 c 352 § 18.]

Notes: *Reviser's note: The reference to RCW 46.20.385 appears to be erroneous. The reference should be removed.

Effective date -- 1998 c 208: See note following RCW 10.05.010.

Legislative finding -- Severability -- 1985 c 352: See notes following RCW 10.05.010.

RCW 10.05.160

Appeal of deferred prosecution order. (Effective January 1, 2011.)

The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:

     (1) Prior deferred prosecution has been granted to the defendant;

     (2) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;

     (3) Failure of the court to comply with the requirements of RCW 10.05.100;

     (4) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program;

     (5) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140.

[2010 c 269 § 11; 2008 c 282 § 19; 1999 c 143 § 44; 1998 c 208 § 4; 1985 c 352 § 18.]

Notes: Effective date -- 2010 c 269: See note following RCW 46.20.385.

Effective date -- 1998 c 208: See note following RCW 10.05.010.

Legislative finding -- Severability -- 1985 c 352: See notes following RCW 10.05.010.