Rehabilitative pathways

AN ACT Relating to rehabilitative pathways for persons charged 1
with certain felony offenses who have no prior felony convictions in 2
adult criminal court; and amending RCW 9.94A.650. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 9.94A.650 and 2022 c 16 s 6 are each amended to read 5
as follows: 6
(1) This section applies to ((offenders)) defendants who have 7
never been previously convicted in adult criminal court of a felony 8
in this state, federal court, or another state, and who have never 9
participated in a program of deferred prosecution for a felony in 10
adult criminal court , and who are presently being charged with or 11
convicted of a felony that is not: 12
(a) Classified as a violent offense ((or a sex offense under this 13
chapter;14
(b) Manufacture, delivery, or possession with intent to 15
manufacture or deliver a controlled substance classified in Schedule 16
I or II that is a narcotic drug or flunitrazepam classified in 17
Schedule IV;18
(c) Manufacture, delivery, or possession with intent to deliver a 19
methamphetamine, its salts, isomers, and salts of its isomers as 20
defined in RCW 69.50.206(d)(2);21
H-2527.1
HOUSE BILL 2217
State of Washington 69th Legislature 2026 Regular Session
By Representatives Farivar, Bernbaum, Ryu, Doglio, Parshley, Simmons,
Peterson, Reed, Obras, Street, Scott, Thomas, Ormsby, and Hill
Prefiled 12/30/25. Read first time 01/12/26. Referred to Committee
on Community Safety.
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(d) The selling for profit of any controlled substance or 1
counterfeit substance classified in Schedule I, RCW 69.50.204, except 2
leaves and flowering tops of cannabis; or3
(e))) under this chapter, excluding robbery in the second degree 4
and assault in the second degree;5
(b) Classified as a sex offense under this chapter; or6
(c) Felony driving while under the influence of intoxicating 7
liquor or any drug or felony physical control of a vehicle while 8
under the influence of intoxicating liquor or any drug.9
(2) ((In sentencing a first-time offender the court may waive the 10
imposition of a sentence within the standard sentence range and 11
impose a sentence which may include up to ninety days of confinement 12
in a facility operated or utilized under contract by the county and a 13
requirement that the offender refrain from committing new offenses.14
(3) The)) (a) Except as provided in (b) of this subsection, a 15
defendant shall not be eligible to participate in a deferral or a 16
suspended sentence pursuant to this section if the defendant has 17
previously entered a deferral or suspended sentence pursuant to this 18
section. A deferral or suspended sentence may be entered on multiple 19
current offenses.20
(b) A defendant who participates in a deferral pursuant to 21
subsection (3) of this section shall remain eligible to participate 22
in a suspended sentence pursuant to subsection (4) of this section 23
for the same underlying offense or offenses if the defendant's 24
initial deferral is revoked.25
(3)(a) Prior to the empaneling of a jury, the defendant may make 26
a motion to defer entry of conviction and sentencing for one or more 27
qualifying current offenses. If the court finds that the defendant 28
meets the criteria under subsections (1) and (2) of this section, and 29
the defendant agrees to the stipulations, acknowledgements, and 30
waivers under (b) of this subsection, the court may grant the motion 31
and continue the defendant's case for a period not to exceed one 32
year. There shall be a strong presumption that the court will grant 33
the motion if the defendant meets the criteria under subsections (1) 34
and (2) of this section.35
(b) Before entering a deferral, the defendant must:36
(i) Acknowledge that either the written police report or the 37
stipulated facts agreed to by the parties, if later admitted as 38
evidence, may be entered and used to support a finding of guilt and 39
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to impose a sentence if the defendant fails to comply with terms of 1
supervision; 2
(ii) Waive the rights to:3
(A) A trial;4
(B) A speedy sentencing;5
(C) Call and confront witnesses; and6
(D) Testify and present evidence in their defense; and7
(iii) Acknowledge the direct consequences that will happen if 8
found guilty.9
(c) The hearing on entry of conviction and sentencing shall be 10
limited to a reading of the court's record.11
(4) Following a trial that results in a finding of guilt, or 12
following the revocation of a deferral offered pursuant to subsection 13
(3) of this section, the defendant may make a motion for a suspended 14
sentence for one or more qualifying current offenses. If the court 15
finds that the defendant meets the criteria under subsections (1) and 16
(2) of this section, the court may grant the motion by imposing a 17
standard sentence and entering an order suspending the execution of 18
its sentence for a period not to exceed one year. There shall be a 19
strong presumption that the court will grant the motion if the 20
defendant meets the criteria under subsections (1) and (2) of this 21
section.22
(5)(a) When granting a motion to defer entry of conviction and 23
sentencing pursuant to subsection (3) of this section, or a motion 24
for a suspended sentence pursuant to subsection (4) of this section, 25
the court may impose up to six months of community custody unless 26
treatment is ordered, in which case the period of community custody 27
may include up to the period of treatment, but shall not exceed one 28
year. 29
(((4))) (b) As a condition of community custody, in addition to 30
any conditions authorized in RCW 9.94A.703, the court may order the 31
((offender)) defendant to pay all court-ordered legal financial 32
obligations and/or perform community restitution work ; provided, 33
however, the court shall not impose any legal financial obligations 34
if the court finds that the defendant is indigent as defined in RCW 35
10.01.160(3). 36
(((5) For the purposes of this section, "cannabis" has the 37
meaning provided in RCW 69.50.101.)) (6)(a) If the prosecuting 38
attorney alleges that the defendant is not substantially complying 39
with the terms ordered under a deferral or a suspended sentence 40
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pursuant to this section any time prior to the conclusion of 1
community custody, the prosecutor may, after providing the defendant 2
with written notice of the alleged violations and disclosure of all 3
evidence to be offered against the defendant, file a motion to revoke 4
the deferral or the order suspending the execution of the defendant's 5
sentence. The court shall hold a hearing on the motion to determine 6
whether the defendant has willfully failed to substantially comply 7
with the terms of the deferral or the suspended sentence.8
(b) At the hearing, the court may modify the conditions of 9
community custody and/or impose sanctions; provided, however, that 10
any sanctions imposed may not exceed the defendant's standard 11
sentencing range.12
(c) At that hearing, the rules of evidence do not apply, but the 13
defendant must be afforded the provisions under CrR 7.6 and CrRLJ 14
7.6, including:15
(i) The right to counsel;16
(ii) The right to confront and cross-examine all witnesses; and17
(iii) The opportunity to be heard in person and to present 18
evidence.19
(d) If the court finds by clear and convincing evidence that the 20
defendant has willfully failed to substantially comply with the terms 21
of a deferral offered pursuant to subsection (3) of this section, the 22
court may continue the hearing to provide additional time for 23
substantial compliance, or admit either the written police report or 24
the factual stipulations agreed to by the parties under subsection 25
(3)(b)(i) of this section into evidence and determine whether to 26
enter a finding of guilt.27
(e) If the court finds by clear and convincing evidence that the 28
defendant has willfully failed to substantially comply with the terms 29
of a suspended sentence granted pursuant to subsection (4) of this 30
section, the court may continue the hearing to provide additional 31
time for substantial compliance or may revoke the suspended sentence.32
(7)(a) At the conclusion of the period of supervision for a 33
deferral or a suspended sentence pursuant to this section, the court 34
shall determine whether the defendant has substantially completed the 35
terms of the deferral or the suspended sentence and either:36
(i) Paid the full amount of restitution and/or performed all 37
ordered community restitution work; or38
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(ii) Made a good faith effort to pay the full amount of 1
restitution and/or perform all ordered community restitution work 2
during the period of supervision.3
(b) If the court finds that the defendant has met the 4
requirements under (a) of this subsection, and the defendant is 5
participating in a deferral offered pursuant to subsection (3) of 6
this section, the court shall dismiss the case with prejudice. If the 7
case is dismissed with restitution still owing, the court shall enter 8
a restitution order pursuant to RCW 7.80.130 for any unpaid 9
restitution. Jurisdiction to enforce payment and modify terms of the 10
restitution order shall be the same as those set forth in RCW 11
7.80.130.12
(c) If the court finds that the defendant has met the 13
requirements under (a) of this subsection, and the defendant is 14
participating in a suspended sentence granted pursuant to subsection 15
(4) of this section, the court shall enter an order terminating the 16
suspended sentence. If the suspended sentence is terminated with 17
restitution still owing, the court shall enter a restitution order 18
pursuant to RCW 7.80.130 for any unpaid restitution. Jurisdiction to 19
enforce payment and modify terms of the restitution order shall be 20
the same as those set forth in RCW 7.80.130.21
(d) If the court finds that the defendant has not met the 22
requirements under (a) of this subsection, the court shall follow the 23
procedures under subsection (6)(d) or (e) of this section.24
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