HB 1817: Deferred prosecutions

Summary

• Authorizes a person who participates in a deferred prosecution for a first-time gross misdemeanor Driving Under the Influence (DUI) or Physical Control of a Vehicle Under the Influence (PC) charge to participate in a second deferred prosecution for a subsequent gross misdemeanor DUI or PC charge.
• Authorizes a person to petition for a second deferred prosecution while still under the court’s jurisdiction for a first deferred prosecution, provided that the first deferred prosecution must be revoked before entry of the second.
• Requires a person petitioning for a deferred prosecution to demonstrate amenability to treatment by completing a minimum number of treatment sessions, unless waived by the court for good cause.
• Requires a person petitioning for a deferred prosecution for certain criminal mistreatment crimes to be evaluated and have a plan developed and facilitated by the Department of Children, Youth, and Families.
• Modifies certain requirements for participation in a deferred prosecution depending on the nature of the underlying problem that caused the petitioner to commit the charged offense.
• Provides that a deferred prosecution for a second or subsequent DUI or PC offense counts as one point on a defendant’s offender score for felony traffic offenses.

From the House Bill Report (HB 1817), written by the Legislature's nonpartisan staff. Read the full report ↗