Wash. R. Ct. Lim. Juri. CrRLJ 4.2

As amended through August 27, 2024

Rule CrRLJ 4.2 - Pleas And Pretrial Dispositions

(a)Types. A defendant may plead not guilty, not guilty by reason of insanity, or guilty.

(b)Multiple Offenses. When the complaint or the citation and notice charges two or more offenses in separate counts the defendant shall plead separately to each.

(c)Pleading Insanity; Claiming Incompetency. Written notice of an intent to rely on the insanity defense must be filed at or within 10 days of the time of arraignment, or at such later time as the court may for good cause permit. A claim of present incompetency to stand trial shall be raised at arraignment or as soon as possible thereafter. All procedures concerning the defense of insanity or the competence of the defendant to stand trial are governed by RCW 10.77 or any applicable ordinance.

(d)Voluntariness. The court shall not accept a plea of guilty without first determining that it is made voluntarily, competently, and with an understanding of the nature of the charge and the consequences of the plea. The court shall not enter a judgment upon a plea of guilty unless it is satisfied that there is a factual basis for the plea.

(e)Agreements. If a plea of guilty is based upon an agreement between the defendant and the prosecuting authority, such agreement must be made a part of the record at the time the plea is entered. No agreement shall be made which specifies what action the court shall take on or pursuant to the plea, or which attempts to control the exercise of the court's discretion, and the court shall so advise the defendant.

(f)Withdrawal of Plea. The court shall allow a defendant to withdraw his or her plea of guilty whenever it appears that the withdrawal is necessary to correct a manifest injustice.

(g)Written Statement. A written statement of the defendant in substantially the form set forth below shall be filed on a plea of guilty:

_________ Court of Washington
County of ___________________
No.
_____________________________ Plaintiff,	Statement of Defendant on Plea of Guilty (STTDFG)
v.
_____________________________ Defendant.

1. My true name is: ________________________________________.

2. My age is: _______________.

3. The last level of education I completed was: ____________________.

4.I Have Been Informed and Fully Understand That:

(a) I have the right to representation by a lawyer and that if I cannot afford to pay for a lawyer, one will be provided at no expense to me.

(b) I am charged with:

Count	Crime	RCW or Ordinance (with subsection)
1.
2.
3.
4.

[ ] Count(s) _________ was (were) committed against an intimate partner

[ ] Count(s) _________was (were) committed against a family or household member.

The elements are:

[ ] as set out in the charging document.

[ ] as follows: ________________________________________

__________________________________________________

_________________________________________________.

5.I Understand That I Have the Following Important Rights and I Give Them All Up by Pleading Guilty:

(a) The right to a speedy and public trial by an impartial jury in the county where the crime is alleged to have been committed;

(b) The right to remain silent before and during trial, and the right to refuse to testify against myself;

(c) The right at trial to hear and question the witnesses who testify against me;

(d) The right at trial to testify and to have witnesses testify for me. These witnesses can be made to appear at no expense to me;

(e) The right to be presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty;

(f) The right to appeal a finding of guilt after a trial.

6.In Considering the Consequences of My Guilty Plea, I Understand That:

(a) My right to appeal is limited.

(b) The crime with which I am charged carries a maximum sentence of _______days in jail and a $_____________fine.

(c) The prosecuting authority will make the following recommendation to the judge:

__________________________________________________

_________________________________________________.

(d) The judge does not have to follow anyone's recommendation about the sentence. The judge can give me any sentence, up to the maximum authorized by law, no matter what the prosecuting authority or anyone else recommends.

(e) The judge may place me on probation for up to 5 years if I am sentenced for a domestic violence offense or under RCW 46.61.5055, or up to 2 years for all other offenses and impose conditions of probation. If the court orders me to appear at a hearing regarding my compliance with probation and I fail to attend the hearing, the term of probation will be tolled until I appear before the court on the record.

(f) The judge may require me to pay costs, fees and assessments authorized by law. The judge may also order me to make restitution to any victims who lost money or property as a result of crimes I committed. The maximum amount of restitution is double the amount of the loss of all victims or double the amount of my gain.

(g) If I am not a citizen of the United States, a plea of guilty to an offense punishable as a crime under state law may be grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.

NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING PARAGRAPHS APPLY, THE BOX SHOULD BE CHECKED AND THE PARAGRAPH INITIALED BY THE DEFENDANT.

(h)[ ] Non-DUI Crimes (for DUI related crimes, see para (s) below). The crime of _________________________________has a mandatory minimum sentence of _____________________days in jail and a $____________fine, plus costs and assessments.

(i)[ ] The crime of prostitution, indecent exposure, permitting prostitution, and patronizing a prostitute have a mandatory assessment of $____________. The court may reduce up to 2/3 of this assessment if the court finds that I am not able to pay the assessment. RCW 9A.88.120.

(j)[ ] If this crime involves patronizing a prostitute, a condition of my sentence will be that I not be subsequently arrested for patronizing a prostitute or commercial sexual abuse of a minor. The court will impose crime-related geographical restrictions on me, unless the court finds they are not feasible. If this is my first offense, the court will order me to attend a program designed to educate me about the negative costs of prostitution.

(k)[ ] This plea of guilty will result in suspension or revocation of my driving license or privilege by the Department of Licensing for a minimum period of __________. The Department of Licensing may impose a longer period of suspension or revocation based upon my record of conviction. The Department of Licensing shall grant credit on a day-for-day basis for any portion of a license suspension, revocation, or denial arising out of the same incident, served prior to this plea of guilty. If I have already served an administrative suspension, revocation or denial under RCW 46.20.3101, the Department of Licensing may not require further suspension or revocation. Additional requirements and fees may apply. RCW 46.61.5055(9).

(l)[ ] I understand that RCW 46.20.265 requires that my driver's license be revoked if (a) the current offense is a violation under chapters 69.41 [legend drug], 69.50 [violation of the Uniform Controlled Substances Act], or 69.52 [imitation drugs] RCW, and I was under the age of 21 at the time of the offense OR (b) the current offense is a violation under RCW 9.41.040 (unlawful possession of firearm) and I was under the age of 18 at the time of the offense OR (c) the current offense is a violation under chapter 66.44 RCW [alcohol] and I was under the age of 18 at the time of the offense, AND if (a), (b), or (c) applies, the court finds that I previously committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapters 66.44, 69.41, 69.50, or 69.52 RCW.

(m)[ ] If I am convicted for violating a domestic violence protection order, the court shall impose a mandatory fine of $15. RCW 7.105.455.

(n)[ ] I may not possess, own, or have under my control any firearm, and under federal law any firearm or ammunition, unless my right to do so is restored by the court of record that ordered the prohibition on possession of a firearm or the superior court in Washington State where I live, and by a federal court if required, as a result of my conviction for the following (check box for applicable crime below):

[ ] Possession under RCW 69.50.4011, 69.50.4013, 69.50.4014, or 69.41.030;

[ ] A crime committed against a family/household member or "intimate partner;"

[ ] Assault, Fourth Degree; [ ] Coercion; [ ] Stalking; [ ] Reckless Endangerment; [ ] Criminal Trespass, First Degree; [ ] Violation of a Protection Order/No-Contact Order restraining/excluding the person from a residence; [ ] Harassment (on or after June 7, 2018);

[ ] Any of the following not included above committed on or after July 23, 2023: [ ] Domestic Violence (RCW 10.99.020); [ ] Stalking; [ ] Cyberstalking; [ ] Cyber Harassment [excluding when committed solely pursuant to the element set forth in RCW 9A.90.120(1)(a)(i)] ; [ ] Harassment; [ ] Aiming/ Discharging a Firearm (RCW 9.41.230); [ ] Unlawful Carrying/Handling Firearm (RCW 9.41.270); [ ] Animal Cruelty, Second Degree committed under RCW 16.52.207(1); [ ] any "prior offense" as defined in RCW 46.61.5055(14) if committed within seven years of a conviction for any other prior offense under RCW 46.61.5055.

(o)[ ] Concealed Pistol License (CPL):

[] If I am convicted of carrying a weapon apparently capable of producing bodily harm under RCW 9.41.270, my CPL will be revoked.

[] If I am convicted of knowingly possessing a dangerous weapon on school facilities or areas of facilities while being used for official meetings of a school district board of directors under RCW 9.41.280, my CPL will be revoked for a period of 3 years, and I will be prohibited from applying for a CPL for 3 years.

[] If I am convicted of possessing a dangerous weapon on child care premises under RCW 9.41.282, my CPL will be revoked for a period of 3 years. I will be prohibited from applying for a CPL for 3 years from the date of conviction, and I must immediately surrender any CPL.

(p)[ ] If this crime involves a violation of Title 77 RCW, the Department of Fish and Wildlife may, and in some cases shall, suspend or revoke my privileges under Fish and Wildlife licensing.

(q)[ ] If this crime involves a drug offense, my eligibility for state and federal education benefits will be affected. 20 U.S.C. § 1091(r).

(r)[ ] This plea of guilty is considered a conviction under RCW 46.25.010, and I will be disqualified from driving a commercial motor vehicle. RCW 46.25.090. I am required to notify the Department of Licensing and my employer of this guilty plea within 30 days after the judge signs this document. RCW 46.25.030.

(s)[ ] If this case involves driving while under the influence of alcohol and/or being in actual physical control of a vehicle while under the influence of alcohol and/or drugs, I have been informed and understand that I will be subject to:

[ ] the penalties described in the "DUI Attachment."

[ ] these penalties. Mandatory minimum sentence:

_________________days in jail. _________________days of electronic home monitoring. $ _______________monetary penalty. If a 24/7 sobriety program is available, I will have to comply with 24/7 sobriety program monitoring. Comply with the rules and requirements of the Department of Licensing regarding the installation and use of a functioning ignition interlock device on all motor vehicles that I operate. For each passenger under age 16 in the vehicle, I will be required to install an ignition interlock device for an additional 12 months for a blood alcohol content (BAC) less than 0.15, drug-related, no test, or THC; or 18 additional months for a BAC greater or equal to 0.15, or refusal. RCW 46.61.5055(6)(a). This period is in addition to any other ignition interlock device requirements imposed by the court or the Department of Licensing. The Department of Licensing will suspend or revoke my driving privilege for the period of time stated above in paragraph 6(k).

If I have no prior offenses, instead of the minimum jail term, the judge may order me to serve ___________________days in electronic home monitoring or ______________days on 24/7 sobriety program monitoring.

If I have prior offense(s):

The judge shall order me to submit to an expanded alcohol assessment and comply with treatment deemed appropriate by that assessment. If I have 1 prior offense, instead of mandatory jail and electronic home monitoring, the judge may order me to serve not less than ____days in jail, and either _____days of electronic home monitoring or a 120-day period of 24/7 sobriety program monitoring or a 120-day period of ignition interlock device requirement, or both. If I have 2 prior offenses, instead of mandatory electronic home monitoring, the judge may order me to serve additional jail time.

If the judge orders me to refrain from consuming any alcohol, the judge may order me to submit to alcohol monitoring. I shall be required to pay for the monitoring unless the judge specifies that the cost will be paid with funds from another source.

The judge may waive electronic home monitoring or order me to obtain an alcohol monitoring device with wireless reporting technology, if that device is reasonably available, if I do not have a dwelling, telephone service, or any other necessity to operate electronic home monitoring. The judge may waive electronic home monitoring if I live out of state, or if the judge determines that I would violate the terms of electronic home monitoring. If the judge waives electronic home monitoring, the judge will impose an alternative sentence which may include use of an ignition interlock device, additional jail time, work crew, work camp, or a 24/7 sobriety program.

I understand that the 24/7 sobriety program is a program which requires tests of my blood, breath, urine, or other bodily substances to find out if I have alcohol, cannabis, or any controlled substance in my body. Testing must take place at designated location(s). I may be required to pay the fees and costs for the program.

The judge will order as conditions of probation that I (i) shall not drive a motor vehicle without a valid license; (ii) shall not drive a motor vehicle without proof of liability insurance or other financial responsibility; (iii) shall not drive or be in physical control of a motor vehicle with an alcohol concentration of 0.08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher, within 2 hours after driving; (iv) shall submit to a breath or blood alcohol test upon the reasonable request of a law enforcement officer; (v) shall not drive a motor vehicle without a functioning ignition interlock device as required by the Department of Licensing. For each violation of the above mandatory conditions, the court shall order my confinement for a minimum of 30 days, which may not be suspended or deferred. For each incident involving a violation, the court shall suspend my license for 30 days.

(t)[] If this case involves reckless driving and the original charge was driving while under the influence of alcohol and/or being in actual physical control of a vehicle while under the influence of alcohol and/or drugs, and I have 1 or more prior offenses, as defined in RCW 46.61.5055(14) within 7 years; or if the original charge was vehicular homicide (RCW 46.61.520) or vehicular assault (RCW 46.61.522) committed while under the influence of intoxicating liquor or any drug, I have been informed and understand that I will be subject to the penalties for Reckless Driving described in the "DUI Attachment."

(u)[] If this case involves negligent driving in the first degree, and I have 1 or more prior offenses, as defined in RCW 46.61.5055(14), within 7 years, I have been informed and understand that I will be subject to the penalties for Negligent Driving-1st Degree described in the "DUI Attachment."

(v)[] If this case involves a conviction for operating a vehicle without an ignition interlock device under RCW 46.20.740, then my sentence will run consecutive to any sentences imposed under RCW 46.20.750, 46.61.502, 46.61.504, or 46.61.5055. RCW 46.20.740(3).

(w)[] If this case involves a conviction for tampering with or circumventing an ignition interlock device under RCW 46.20.750, then my sentence will run consecutive to any sentences imposed under RCW 46.20.740(3), 46.61.502, 46.61.504, 46.61.5055, 46.61.520(1), or 46.61.522(1)(b).

(x)[] If this crime involves sexual misconduct with a minor in the 2nd degree, communication with a minor for immoral purposes, an attempt, solicitation, or conspiracy to commit a sex offense, a kidnapping offense involving a minor, as defined in RCW 9A.44.128, or unlawful transmission of human immunodeficiency virus (HIV) to a child or vulnerable adult under chapter 70.24 RCW, I will be required to register with the county sheriff as described in the "Offender Registration Attachment."

(y)[] Pursuant to RCW 43.43.754, if this crime is an offense which requires sex or kidnapping offender registration, or is one of the following offenses: assault in the 4th degree where domestic violence was pleaded and proved, assault in the 4th degree with sexual motivation, communication with a minor for immoral purposes, custodial sexual misconduct in the 2nd degree, failure to register, harassment, patronizing a prostitute, sexual misconduct with a minor in the 2nd degree, stalking, indecent exposure, or violation of a sexual assault protection order, I will be required to have a biological sample collected for purposes of DNA identification analysis, unless it is established that the Washington State Patrol crime laboratory already has a sample from me for a qualifying offense.

(z)[] Travel Restrictions: I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if I am placed on probation for one year or more and this crime involves (i) an offense in which a person has incurred direct or threatened physical or psychological harm; (ii) an offense that involves the use or possession of a firearm; (iii) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; (iv) a sexual offense that requires the offender to register as a sex offender in the sending state. I understand that I will be required to pay an application fee with my travel or transfer request.

7. I plead guilty to the crime(s) of _______________________as charged in the complaint(s) or citation(s) and notice. I have received a copy of that complaint or citation and notice.

[] The complaint or citation and notice was orally amended and I waive filing of a written amended complaint or citation and notice.

8. I make this plea freely and voluntarily.

9. No one has threatened harm of any kind to me or to any other person to cause me to make this plea.

10. No person has made promises of any kind to cause me to enter this plea except as set forth in this statement.

11.Statement of Facts [by Defendant]: The judge has asked me to state in my own words what I did that makes me guilty of the crime(s), including domestic violence relationships if they apply. This is my statement (state the specific facts that support each element of the crime(s)):

________________________________________________________

________________________________________________________.

[] The crime(s) was (were) committed against intimate partner(s).

(names) ____________________________________________.

The crime(s) was (were) committed against family or household member(s):

(names) ____________________________________________.

[] [No statement made.] Instead of making a statement, I agree that the court may review the police reports and/or a statement of probable cause supplied by the prosecution to establish a factual basis for the plea, including a determination of my relationship to each victim as:

[] intimate partner(s): (names) ___________________________________.

[] family or household member(s): (names) ___________________________.

12. My lawyer has explained to me, and we have fully discussed, or I have read, all of the above paragraphs. I understand them all. I have been given a copy of this "Statement of Defendant on Plea of Guilty." I have no further questions to ask the judge.

[ ] An interpreter has interpreted the above paragraphs and my lawyer's explanation into the ___________________________________language which I understand.

Date: ____________

_________________

Defendant

I have read and discussed this statement with the defendant and believe that the defendant is competent and fully understands the statement.

________________________________________________________

Prosecuting Authority

________________________________________________________

Defendant's Lawyer

________________________________________________________

Type or Print Name WSBA No.

________________________________________________________

Type or Print Name WSBA No.

The foregoing statement was signed by the defendant in open court in the presence of the defendant's lawyer (if represented) and the undersigned judge. The defendant asserted that (check the appropriate box):

(a)[ ] The defendant had previously read; or

(b)[ ] The defendant's lawyer had previously read to the defendant; or

(c)[ ] An interpreter had previously sight translated the entire statement above to the defendant and that the defendant understood it in full.

Interpreter Declaration: I am a certified or registered interpreter, or have been found otherwise qualified by the court to interpret in the ____________________________language. I have translated this document for the defendant from English into that language. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

Signed at (city) __________________________, (state) ______, on (date) _________________.

_____________

Interpreter

_____________

Print Name WA AOC No.

I find the defendant's plea of guilty to be knowingly, intelligently, and voluntarily made. Defendant understands the charges and the consequences of the plea. There is a factual basis for the plea. The defendant is guilty as charged.

Dated: _____________________________

__________________________________

Judge/Commissioner/Judge Pro Tempore

DUI ATTACHMENT

(h)Verification by Interpreter. If a defendant is not fluent in the English language, a person the court has determined has fluency in the defendant's language shall certify that the written statement provided for in section (g) has been translated orally or in writing and that the defendant has acknowledged that he or she understands the translation.

The foregoing statement was signed by the defendant in open court in the presence of the defendant's lawyer, if represented, and the undersigned judge. The defendant asserted that (check the appropriate box):

(a) The defendant had previously read; or

(b) The defendant's lawyer had previously read to him or her; or

(c) An interpreter had previously read to the defendant the entire statement above and that the defendant understood it in full.

Interpreter Declaration:: I am a certified or registered interpreter, or have been found otherwise qualified by the court to interpret in the ____________________________language, which the defendant understands. I have translated this document for the defendant from English into that language. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

Signed at (city) ____________________, (state) ____________, on (date) _________________.

____________

Interpreter

_________________

Print Name

Dated: _____________________________

___________________________________

Judge/Commissioner/Judge Pro Tempore

(i)Deferred Prosecution. A written petition shall be filed at the time a defendant moves the court to grant a deferred prosecution under chapter 10.05 RCW. The petition shall be in substantially the following form:

_____________Court of Washington

_________________	No:_____________
Plaintiff,	Petition for Deferred Prosecution
vs.	(DPPF)
_________________	Charges:___________
defendant.	Violation Date:___________

I am the defendant in this case, and I petition the court for deferred prosecution under ch. 10.05 RCW. I make the following statements in support of my petition:

1. The wrongful conduct charged is the result of or caused by [ ] substance use disorders [ ] mental problems, [ ] domestic violence behavior, for which I need treatment.

2. Unless I receive treatment for my problem, the probability is great that I will offend again.

3. I agree to pay the cost of diagnosis and treatment, if I am financially able to do so, subject to RCW 10.05.130.

4. I understand that the court will not accept a petition for deferred prosecution from a person who sincerely believes that they are is innocent of the crime(s) charged or does not suffer from alcoholism, drug addiction, mental problems, or domestic violence behavior patterns.

5. If this charge is a violation of Title 46 RCW or similar municipal ordinance, I have not previously been placed on a deferred prosecution for a Title 46 RCW or similar municipal ordinance violation.

6. If this charge is a domestic violence offense, I have not previously been placed on a deferred prosecution for a domestic violence offense, this charge was not originally charged in superior court as a felony offense, and a prior stipulated order of continuance was not previously granted. RCW 10.05.010, .160.

7. I have filed a case history and assessment with this petition as required by RCW 10.05.020.

8. I have the following rights:

(a) to have a lawyer represent me at all hearings;

(b) to have a lawyer appointed at public expense if I cannot afford one;

(c) to have a speedy, public jury trial;

(d) to appeal any conviction;

(e) to remain silent and not testify;

(f) to question witnesses who testify against me;

(g) to call witnesses to testify for me, at no cost;

(h) to be presumed innocent unless the charge(s) against me is (are) proved beyond a reasonable doubt; and (i) to present evidence and a defense. By deferring prosecution on these charges, I give up my right to:

(a) a speedy trial;

(b) a jury;

(c) testimony on my own behalf;

(d) an opportunity to call and question witnesses; and

(e) present evidence or a defense.

9. I agree that the facts as reported in the attached police reports are admissible evidence and are sufficient to support a conviction. I acknowledge that the above items will be used to support a finding of guilty if the deferred prosecution is revoked.

10. If my deferred prosecution is revoked and I am found guilty, I may be sentenced up to the maximum penalty allowed by law.

11. If I proceed to trial and I am found guilty, I may be allowed to seek suspension of some or all fines and incarceration if I seek treatment. I understand that I may seek treatment from a public or private agency at any time, whether or not I have been found guilty or placed on deferred prosecution.

12. For some crimes, a deferred prosecution will enhance mandatory penalties for subsequent offenses committed within a 7-year period. I understand that a deferred prosecution will be a prior offense under RCW 46.61.5055 (driving under the influence, physical control of a vehicle under the influence, negligent driving if originally charged as driving under the influence or physical control of a vehicle under the influence, vehicular homicide, or vehicular assault).

13. If the court defers prosecution on any crime that would be a violation of state law or local ordinance relating to motor vehicle traffic control, I will be disqualified from driving a commercial motor vehicle for the period specified in RCW 46.25.090 and, if I drive a commercial motor vehicle holding a license issued by Washington State, I will be required to notify the Department of Licensing and my employer of this deferred prosecution within 30 days of the judge granting this petition. RCW 46.25.030. If the court grants this Petition, I may not operate a motor vehicle on the public highways without a valid operator's license and proof of liability insurance pursuant to RCW 46.29.490. If my wrongful conduct is the result of or caused by alcohol dependency, I shall also be required to install an ignition interlock device under RCW 46.20.720. The required periods of interlock use shall be not less than the periods provided for in RCW 46.20.720, and subject to certification from the ignition interlock device vendor. RCW 46.20.720(4). I may also be required to pay restitution to victims, pay court costs, and pay probation costs authorized by law. To help ensure continued sobriety and reduce the likelihood of re-offense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. Substance use disorder treatment programs shall require a minimum of 2 self-help recovery groups per week for the duration of the treatment program. The court may terminate the deferred prosecution program if I violate this paragraph.

14. If the court defers prosecution for any crime involving domestic violence behavior, I will be ordered not to possess firearms and I will be ordered to surrender firearms in my possession under RCW 9.41.800. The court may order me to make restitution and to pay costs under RCW 10.01.160. The court may also order reasonable conditions during the deferred prosecution to ensure continued sobriety and reduce the likelihood of re-offense in co-occurring domestic violence and substance abuse or mental health cases. These conditions include, but are not limited to, attendance at a self-help recovery support group for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. The court may terminate the deferred prosecution program if I violate the deferred prosecution order.

15. A deferred prosecution program for domestic violence behavior, or domestic violence co-occurring with substance abuse or mental health, must include, but is not limited to, the following requirements:

(a) completion of a risk assessment;

(b) participation in the level of treatment recommended by the program as outlined in the current treatment plan;

(c) compliance with the contract for treatment;

(d) participation in any ancillary or co-occurring treatments that are determined to be necessary for the successful completion of the domestic violence intervention treatment including, but not limited to, mental health or substance use treatment;

(e) domestic violence intervention treatment within the purview of this section to be completed with a state-certified domestic violence intervention treatment program;

(f) signature of the petitioner agreeing to the terms and conditions of the treatment program; and

(g) proof of compliance with any active order to surrender weapons issued in this program or related civil protection orders or no-contact orders.

16. If the court grants this petition, during the period of deferred prosecution I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if my wrongful conduct involves:

(a) an offense in which a person has incurred direct or threatened physical or psychological harm;

(b) an offense that involves the use or possession of a firearm;

(c) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; or

(d) a sexual offense that requires me to register as a sex offender in Washington State. I understand that I will be required to pay an application fee with my travel or transfer request.

17. If I fail or neglect to comply with any part of my treatment plan or with any ignition interlock device requirements, then the court will hold a hearing to determine whether I should be removed from the deferred prosecution program. After the hearing, the court will either order that I continue with treatment or be removed from deferred prosecution and enter judgment. If I am convicted of a similar offense during the deferred prosecution, the court will revoke the deferred prosecution and enter judgment.

18. The court will dismiss the charge(s) against me in this case 3 years from the end of the 2-year treatment program and following proof to the court that I have complied with the conditions imposed by the court following successful completion of the 2-year treatment program, but no less than 5 years from the date the deferred prosecution is granted, if the court grants this petition and if I fully comply with all the terms of the court order placing me on deferred prosecution. However, when a deferred prosecution is ordered for a petition brought under RCW 10.05.020(1) involving a domestic violence behavior problem and the court has received proof that I have successfully completed the domestic violence treatment plan, the court shall dismiss the charges pending against me. RCW 10.05.120 (3).

I certify under penalty of perjury under the laws of the state of Washington that I have read the foregoing and agree with all of its provisions and that all statements made are true and correct.

Dated at __________________, Washington this ____day of ________________________, ______.

__________________

Petitioner-Defendant

__________________

Defense Attorney/WSBA No.

_________Court of Washington
For __________________
__________________	No: ______________
Plaintiff,	Petition for Deferred Prosecution of
vs.	Criminal Mistreatment Charge
__________________	(DPPF)
Defendant.	Violation Date: ________

I am the defendant in this case and I petition the court for deferred prosecution of a criminal mistreatment charge under RCW Chapter 10.05. Following are my statements in support of this petition:

1. I am the natural or adoptive parent of the alleged victim.

2. The wrongful conduct charged is the result of parenting problems for which I am in need of services.

3. I am in need of child welfare services under chapter 74.13 RCW to improve my parenting skills in order to better provide my child(ren) with the basic necessities of life.

4. I want to correct my conduct to reduce the likelihood of harm to my child(ren).

5. I have cooperated with the Department of Social and Health Services to develop a plan to receive appropriate child welfare services.

6. I agree to pay the cost of the services if I am financially able to do so.

7. I understand that the court will not accept a petition for deferred prosecution from me if I sincerely believe that I am innocent of the crime(s) or if I sincerely believe that I do not need child welfare services.

8. I have not previously been placed on a deferred prosecution for a Chapter 9A.42 RCW or similar municipal ordinance violation.

9. The Department of Social and Health Services' case history and child welfare service plan have been filed with this petition as required by RCW 10.05.020.

10. I have the following rights:

(a) to have a lawyer represent me at all hearings;

(b) to have a lawyer appointed at public expense if I cannot afford one;

(c) to have a speedy, public jury trial;

(d) to appeal any conviction;

(e) to remain silent and not testify;

(f) to question witnesses who testify against me;

(g) to call witnesses to testify for me, at no cost;

(a) a speedy trial;

(b) a jury;

(c) testify on my own behalf;

(d) call and

(e) question witnesses; and

(f) present evidence or a defense.

11. I agree that the facts as reported in the attached police reports are admissible in evidence and are sufficient to support conviction for the charged crime(s). I acknowledge that the above items will be used to support a finding of guilty if the deferred prosecution is revoked.

12. If my deferred prosecution is revoked and I am found guilty, I may be sentenced up to the maximum penalty allowed by law.

13. If I proceed to trial and I am found guilty, I may be allowed to seek suspension of some or all fines and incarceration if I seek treatment. I understand that I may seek treatment from a public or private agency at any time, whether or not I have been found guilty or placed on deferred prosecution.

14. If the court defers prosecution on any crime that would be a violation of a state law or local ordinance relating to motor vehicle traffic control, I will be disqualified from driving a commercial motor vehicle for the period specified in RCW 46.25.090, and if I drive a commercial motor vehicle holding a license issued by Washington State, I will be required to notify the Department of Licensing and my employer of this deferred prosecution within 30 days of the judge granting this petition. RCW 46.25.030. If the court grants this petition, I may not operate a motor vehicle on the public highways without a valid operator's license and proof of liability insurance pursuant to RCW 46.29.490. If my parenting problems and resulting wrongful conduct are based on alcohol dependency, I shall also be required to install an ignition interlock device under RCW 46.20.720. The required periods of interlock use shall be not less than the periods provided for in RCW 46.20.720, and subject to certification from the ignition interlock device vendor. RCW 46.20.720(4). I may also be required to pay restitution to victims, pay court costs, and pay probation costs authorized by law. To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. Substance use disorder treatment programs shall require a minimum of two self-help recovery groups per week for the duration of the treatment program. The court may terminate the deferred prosecution program if I violate this paragraph.

15. If the court grants this petition, during the period of deferred prosecution I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if my wrongful conduct involves:

(i) an offense in which a person has incurred direct or threatened physical or psychological harm;

(ii) an offense that involves the use or possession of a firearm;

(iii) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol;

(iv) a sexual offense that requires me to register as a sex offender in Washington state. I understand that I will be required to pay an application fee with my travel or transfer request.

16. If I fail or neglect to comply with any part of my service plan, or with any ignition interlock device requirements, the court will hold a hearing to determine whether I should be removed from the deferred prosecution program. The termination of my parental rights with regard to the alleged victim due to abuse or neglect that occurred during the pendency of the deferred prosecution shall be per se evidence that I did not successfully complete the service plan. After the hearing, the court will either order that I continue with treatment or be removed from deferred prosecution and enter judgment. If I am convicted of a similar offense during the deferred prosecution, the court will revoke the deferred prosecution and enter judgment.

17. If the court grants my petition, the court will dismiss the charge(s) against me in this case when the court receives proof that I have successfully completed the child welfare service plan, or the service plan has been terminated because the alleged victim has reached his or her majority and there are no other minor children in the home.

I certify under penalty of perjury under the laws of the state of Washington that I have read the foregoing and agree with all of its provisions and that all statements made are true and correct.

Dated at __________________, Washington this ____day of _________________________, ______.

Petitioner-Defendant

Defense Attorney/WSBA No.

Wash. R. Ct. Lim. Juri. CrRLJ 4.2

Adopted effective 9/1/1987; Amended effective 9/1/1991; 1/2/1996; 9/1/1996; 9/1/1999; 12/28/1999; 12/26/2000; 4/16/2002; 8/6/2002; 4/24/2007; 1/12/2009; 1/1/2011; 12/13/2011; 7/24/2012; 12/10/2013; 8/5/2014; 12/22/2015; 8/2/2016; 8/1/2017; 9/6/2017; 3/27/2018; 7/31/2018; 7/30/2019; 7/28/2020; 9/21/2021; 12/28/2021; 6/9/2022; amended effective 7/11/2024.