Deferred prosecution for substance use disorder or mental health co-occurring disorder — Requirements. (Effective January 1, 2026.)
RCW 10.05.150
in effect(1) A deferred prosecution for either substance use disorder or mental health co-occurring disorder shall be for a two-year period and shall include, but not be limited to, the following requirements: (a) Total abstinence from alcohol and all other nonprescribed mind-altering drugs; (b) All treatment within the purview of this section shall occur within or be approved by a state-approved behavioral health agency as described in chapter 71.24 RCW; (c) Signature of the petitioner agreeing to the terms and conditions of the treatment program; (d) Periodic, random urinalysis or breath analysis; (e) If the petitioner fails to remain abstinent, a full substance use disorder reassessment and recommended treatment; (f) No less than weekly approved outpatient counseling, whether group or individual, for a minimum of six months following the intensive phase of treatment; (g) No less than monthly outpatient contact, whether group or individual, for the remainder of the two-year deferred prosecution period; and (h) The decision to include the use of prescribed drugs, including disulfiram, as a condition of treatment shall be reserved to the treating facility and the petitioner's physician. (2) A deferred prosecution for substance use disorder shall include the following requirements: (a) Completion of an intensive outpatient treatment program or residential inpatient treatment program, depending on the severity of the diagnosis; and (b) Participation in a minimum of two meetings per week of a substance use disorder self-help recovery support group, as determined by the assessing agency, for the duration of the treatment program. (3) A deferred prosecution for mental health co-occurring disorder shall include the following requirements: (a) Completion of the requirements described in subsection (2) of this section, or completion of an outpatient program as determined by the petitioner's diagnostic evaluation; and (b) Completion of individual or group mental health services.
(1) A deferred prosecution for either substance use disorder or mental health co-occurring disorder shall be for a two-year period and shall include, but not be limited to, the following requirements:
(a) Total abstinence from alcohol and all other nonprescribed mind-altering drugs;
(b) All treatment within the purview of this section shall occur within or be approved by a state-approved behavioral health agency as described in chapter 71.24 RCW;
(c) Signature of the petitioner agreeing to the terms and conditions of the treatment program;
(d) Periodic, random urinalysis or breath analysis;
(e) If the petitioner fails to remain abstinent, a full substance use disorder reassessment and recommended treatment;
(f) No less than weekly approved outpatient counseling, whether group or individual, for a minimum of six months following the intensive phase of treatment;
(g) No less than monthly outpatient contact, whether group or individual, for the remainder of the two-year deferred prosecution period; and
(h) The decision to include the use of prescribed drugs, including disulfiram, as a condition of treatment shall be reserved to the treating facility and the petitioner's physician.
(2) A deferred prosecution for substance use disorder shall include the following requirements:
(a) Completion of an intensive outpatient treatment program or residential inpatient treatment program, depending on the severity of the diagnosis; and
(b) Participation in a minimum of two meetings per week of a substance use disorder self-help recovery support group, as determined by the assessing agency, for the duration of the treatment program.
(3) A deferred prosecution for mental health co-occurring disorder shall include the following requirements:
(a) Completion of the requirements described in subsection (2) of this section, or completion of an outpatient program as determined by the petitioner's diagnostic evaluation; and
(b) Completion of individual or group mental health services.
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=10.05&full=trueFetched: 6/28/2026