| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to rehabilitative pathways for persons charged with certain felony offenses who have no prior felony convictions in adult criminal court; |
| Bill Description | Concerning rehabilitative pathways for persons charged with certain felony offenses who have no prior felony convictions in adult criminal court. |
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What this bill does
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This bill amends existing law (RCW 9.94A.650) to add a procedural framework allowing certain defendants with no prior adult felony convictions and no previous adult felony deferred prosecutions to seek deferred entry of conviction or a suspended sentence for specified qualifying felonies. Qualifying felonies expressly exclude most violent offenses (with limited exceptions), sex offenses, and felony DUI or felony physical control while under the influence. A defendant may move to defer entry of conviction before a jury is empaneled for up to one year, or after a guilty finding or deferral revocation may move for a suspended sentence of up to one year; the bill creates a strong presumption the court will grant a deferral or suspended sentence if the statutory criteria are met and the defendant agrees to required stipulations, acknowledgements, and waivers (including waiving certain trial and sentencing rights and acknowledging that police reports or stipulated facts can be used if supervision is violated).
The amendment sets limits and procedures for supervision, revocation, and disposition: community custody may be imposed up to six months or up to one year if treatment is ordered; courts may require payment of legal financial obligations or community restitution unless the defendant is indigent as defined in RCW 10.01.160(3); prosecutors may file a motion to revoke any time before community custody ends after providing written notice and disclosure; revocation hearings are governed by a clear-and-convincing standard for willful substantial noncompliance, rules of evidence do not apply but defendants retain specified rights (CrR 7.6 and CrRLJ 7.6); if deferral requirements are met the court must dismiss with prejudice, and if suspended sentence requirements are met the court must terminate the suspended sentence, with unpaid restitution handled through RCW 7.80.130. The extracted text does not include the prior version of the statute for direct comparison, nor does it define referenced terms such as “violent offense,” “sex offense,” or “standard sentencing range,” so full context and any other bill sections are not available here.
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Why it matters
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If enacted, this change creates a clear pathway for many first-time adult felony defendants (excluding most violent offenses, sex crimes, and felony DUI/physical control) to ask the court, before a jury is empaneled, to defer entry of conviction and sentencing for up to one year or, after a guilty finding or a deferral revocation, to ask for a suspended sentence for up to one year. Eligible defendants would typically be granted the deferral or suspension if they meet the criteria and agree to required waivers (including giving up trial and other rights) and conditions; the court can impose up to six months of community custody (up to one year if treatment is ordered), require restitution or community work, and must not impose legal financial obligations on those the court finds indigent. Successful completion leads to case dismissal with prejudice or termination of the suspended sentence, while unpaid restitution becomes a restitution order enforceable under existing law; prosecutors can file revocation motions during the supervision period and revocation hearings use relaxed evidence rules though defendants retain specified procedural rights.
The groups most affected are eligible defendants (who gain a realistic alternative to immediate conviction but assume the risk of waivers and potential revocation), Washington courts and probation/community custody programs (which will likely see more hearings, supervision cases, and treatment referrals), prosecuting attorneys (who must file timely revocation motions, give notice, and disclose evidence), treatment providers and entities that enforce restitution. Expect increased administrative and supervision workload and more treatment referrals; the bill leaves unclear some implementation details because key statutory definitions and the full prior-law comparison are not included in the provided text.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/12/2026 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $3,649,290.00 |
| SENTENCING |
| Hearing | House Community Safety (Public) |