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This section applies to defendants who have never been previously convicted in adult criminal court of a felony in this state, federal court, or another state, and who have never participated in a program of deferred prosecution for a felony in adult criminal court, and who are presently being charged with or convicted of a felony that is not:
under this chapter, excluding robbery in the second degree and assault in the second degree;
b. Classified as a sex offense under this chapter; or
c. Felony driving while under the influence of intoxicating liquor or any drug or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug.
2.
a. Except as provided in (b) of this subsection, a defendant shall not be eligible to participate in a deferral or a suspended sentence pursuant to this section if the defendant has previously entered a deferral or suspended sentence pursuant to this section. A deferral or suspended sentence may be entered on multiple current offenses.
b. A defendant who participates in a deferral pursuant to subsection (3) of this section shall remain eligible to participate in a suspended sentence pursuant to subsection (4) of this section for the same underlying offense or offenses if the defendant's initial deferral is revoked.
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Prior to the empaneling of a jury, the defendant may make a motion to defer entry of conviction and sentencing for one or more qualifying current offenses. If the court finds that the defendant meets the criteria under subsections (1) and (2) of this section, and the defendant agrees to the stipulations, acknowledgements, and waivers under (b) of this subsection, the court may grant the motion and continue the defendant's case for a period not to exceed one year. There shall be a strong presumption that the court will grant the motion if the defendant meets the criteria under subsections (1) and (2) of this section.
Before entering a deferral, the defendant must:
Acknowledge that either the written police report or the stipulated facts agreed to by the parties, if later admitted as evidence, may be entered and used to support a finding of guilt and to impose a sentence if the defendant fails to comply with terms of supervision;
Waive the rights to:
(A) A trial;
(B) A speedy sentencing;
(C) Call and confront witnesses; and
(D) Testify and present evidence in their defense; and
iii. Acknowledge the direct consequences that will happen if found guilty.
c. The hearing on entry of conviction and sentencing shall be limited to a reading of the court's record.
Following a trial that results in a finding of guilt, or following the revocation of a deferral offered pursuant to subsection (3) of this section, the defendant may make a motion for a suspended sentence for one or more qualifying current offenses. If the court finds that the defendant meets the criteria under subsections (1) and (2) of this section, the court may grant the motion by imposing a standard sentence and entering an order suspending the execution of its sentence for a period not to exceed one year. There shall be a strong presumption that the court will grant the motion if the defendant meets the criteria under subsections (1) and (2) of this section.
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When granting a motion to defer entry of conviction and sentencing pursuant to subsection (3) of this section, or a motion for a suspended sentence pursuant to subsection (4) of this section, the court may impose up to six months of community custody unless treatment is ordered, in which case the period of community custody may include up to the period of treatment, but shall not exceed one year.
As a condition of community custody, in addition to any conditions authorized in RCW 9.94A.703, the court may order the defendant to pay all court-ordered legal financial obligations and/or perform community restitution work; provided, however, the court shall not impose any legal financial obligations if the court finds that the defendant is indigent as defined in RCW 10.01.160(3).
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If the prosecuting attorney alleges that the defendant is not substantially complying with the terms ordered under a deferral or a suspended sentence pursuant to this section any time prior to the conclusion of community custody, the prosecutor may, after providing the defendant with written notice of the alleged violations and disclosure of all evidence to be offered against the defendant, file a motion to revoke the deferral or the order suspending the execution of the defendant's sentence. The court shall hold a hearing on the motion to determine whether the defendant has willfully failed to substantially comply with the terms of the deferral or the suspended sentence.
At the hearing, the court may modify the conditions of community custody and/or impose sanctions; provided, however, that any sanctions imposed may not exceed the defendant's standard sentencing range.
At that hearing, the rules of evidence do not apply, but the defendant must be afforded the provisions under CrR 7.6 and CrRLJ 7.6, including:
The right to counsel;
The right to confront and cross-examine all witnesses; and
The opportunity to be heard in person and to present evidence.
If the court finds by clear and convincing evidence that the defendant has willfully failed to substantially comply with the terms of a deferral offered pursuant to subsection (3) of this section, the court may continue the hearing to provide additional time for substantial compliance, or admit either the written police report or the factual stipulations agreed to by the parties under subsection (3)(b)(i) of this section into evidence and determine whether to enter a finding of guilt.
If the court finds by clear and convincing evidence that the defendant has willfully failed to substantially comply with the terms of a suspended sentence granted pursuant to subsection (4) of this section, the court may continue the hearing to provide additional time for substantial compliance or may revoke the suspended sentence.
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At the conclusion of the period of supervision for a deferral or a suspended sentence pursuant to this section, the court shall determine whether the defendant has substantially completed the terms of the deferral or the suspended sentence and either:
Paid the full amount of restitution and/or performed all ordered community restitution work; or
Made a good faith effort to pay the full amount of restitution and/or perform all ordered community restitution work during the period of supervision.
If the court finds that the defendant has met the requirements under (a) of this subsection, and the defendant is participating in a deferral offered pursuant to subsection (3) of this section, the court shall dismiss the case with prejudice. If the case is dismissed with restitution still owing, the court shall enter a restitution order pursuant to RCW 7.80.130 for any unpaid restitution. Jurisdiction to enforce payment and modify terms of the restitution order shall be the same as those set forth in RCW 7.80.130.
If the court finds that the defendant has met the requirements under (a) of this subsection, and the defendant is participating in a suspended sentence granted pursuant to subsection (4) of this section, the court shall enter an order terminating the suspended sentence. If the suspended sentence is terminated with restitution still owing, the court shall enter a restitution order pursuant to RCW 7.80.130 for any unpaid restitution. Jurisdiction to enforce payment and modify terms of the restitution order shall be the same as those set forth in RCW 7.80.130.
If the court finds that the defendant has not met the requirements under (a) of this subsection, the court shall follow the procedures under subsection (6)(d) or (e) of this section.