Probationers on deferred prosecution in Chelan County are expected to fully comply with all conditions and terms of the Order Deferring Prosecution. Probationers will be supervised for five years. Monthly service fees will apply.
There will be no early release from the statutory treatment requirements. The treatment portion of DP supervision is two years.
All treatment progress reports, including those reporting non-compliance, will be forwarded to Chelan County Probation Services. Progress reports will be filed on a monthly basis throughout the entire treatment program using a report format provided by probation.
No out of state transfers (including a return to a state of residence) will be allowed while the petitioner remains on deferred prosecution.
Probationer may not change the treatment provider without prior approval from probation services. Approval is limited to extraordinary circumstances.
Should any delay in the first phase of treatment (inpatient or 10P) occur, the petitioner will be required to be involved in at least weekly outpatient counseling and to participate in the required two (2) self-help recovery meetings (AA, NA, etc.) per week.
The use of medical cannabis (marijuana) is prohibited unless expressly permitted by the Court.
II. Procedures Upon Notice on Non-Compliance
Any suspected violations of the conditions and terms of deferred prosecution will be investigated by the probation department. Upon good cause to believe a violation has occurred, the suspected violation will be reported to the Court and the prosecuting authority together with a recommendation regarding possible sanctions, including revocation of deferred prosecution.
The probation department may recommend that no sanctions be imposed. If accepted by the court and prosecution, the violation will be noted in the case record, but the probationer will not be required to appear in court or face possible punishment. Typically, non-sanction violations involve:
Non-criminal traffic violations;
First time relapses which are immediately self-reported;
A missed probation and/or treatment meeting;
Failure to attend and/or verify self-help recovery groups; and
Failure to complete a DUI Victim's Panel.
Non-sanction recommendations are generally reserved for "first time offenders" and are contingent upon immediate and appropriate corrective actions. Further, neither the court nor the prosecuting authority are bound by the probation department's recommendation.
In all other situations, a Declaration of Probation Violation will be filed with the court. Upon review by a judge, the court may order a hearing to determine if the probationer will be allowed to remain on deferred prosecution. The court will notify the defendant of the date and time of the hearing. In some cases, the Judge may issue a bench warrant.
Revocation of deferred prosecution is typical in the following situations:
Conviction of a similar offense or an alcohol or drug related offense;
Operating a motor vehicle without a valid license or insurance;
Operating a motor vehicle without a required ignition interlock device;
Failure to pay court costs, probation fees, or restitution;
Failure to sign a Release of Information for confidential/medical information with the treatment provider to verify compliance;
Use of prohibited substances;
Failure to participate in treatment or self-help recovery meetings; and
Non-compliance with ignition interlock device/license requirements, including alternative alcohol monitoring.
III. Court Hearing and Decision
If a hearing is ordered, a judge will determine whether a violation occurred and what sanction, if any, will be imposed. Conviction of a subsequent, similar offense will result in revocation. In all other circumstances, revocation of the deferred prosecution will be an option.
IV. Successful Completion and Dismissal
Successful completion of deferred prosecution requires:
Satisfactory completion of the treatment plan as set forth in the Order Deferring Prosecution;
Compliance with all terms and conditions set forth in the Order Deferring Prosecution; and
Payment of all financial obligations to the court and probation services, including restitution to a crime victim.
Upon full compliance with the Order Deferring Prosecution, the probation department will notify the Court and request dismissal of the case. The probationer will receive official notice that the judge has dismissed the original charge(s).
Posted: 02/05/2015 03:59 PM
Last Updated: 03/31/2015 08:00 AM
Archive Disclaimer
The information contained on this site is provided as a courtesy of the Chelan County. Where it exists, the "Index.txt" will contain a brief explanation of files contained in this folder
Chelan County makes every effort to ensure the accuracy of the information provided on its web site. However, due to the possibility of transmission errors, HTML browser capabilities, changes made since the last update to the site, etc., neither Chelan County, nor any agency, officer or employee of Chelan County warrants the accuracy, reliability, or timeliness of any information published by this system and shall not be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from this system does so at his or her own risk.
PLEASE NOTE: FTP browsing is no longer supported on the latest browsers, please refer below to acccess our FTP content.
Popular Browsers
Supported
Microsoft Edge
NO
Google Chrome
NO
Safari
NO
Internet Explorer 11
YES
Mozilla Firefox
YES
Opera
YES
By clicking continue, you confirm that you have read, understood and agreed to this disclaimer.
The information contained on this site is provided as a courtesy of the Chelan County. Where it exists, the "Index.txt" will contain a brief explanation of files contained in this folder
Chelan County makes every effort to ensure the accuracy of the information provided on its web site. However, due to the possibility of transmission errors, HTML browser capabilities, changes made since the last update to the site, etc., neither Chelan County, nor any agency, officer or employee of Chelan County warrants the accuracy, reliability, or timeliness of any information published by this system and shall not be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from this system does so at his or her own risk.
PLEASE NOTE: FTP browsing is no longer supported on the latest browsers, please refer below to acccess our FTP content.
Popular Browsers
Supported
Microsoft Edge
NO
Google Chrome
NO
Safari
NO
Internet Explorer 11
YES
Mozilla Firefox
YES
Opera
YES
By clicking continue, you confirm that you have read, understood and agreed to this disclaimer.
The information contained on this site is provided as a courtesy of the Chelan County. Where it exists, the "Index.txt" will contain a brief explanation of files contained in this folder
Chelan County makes every effort to ensure the accuracy of the information provided on its web site. However, due to the possibility of transmission errors, HTML browser capabilities, changes made since the last update to the site, etc., neither Chelan County, nor any agency, officer or employee of Chelan County warrants the accuracy, reliability, or timeliness of any information published by this system and shall not be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from this system does so at his or her own risk.
PLEASE NOTE: FTP browsing is no longer supported on the latest browsers, please refer below to acccess our FTP content.
Popular Browsers
Supported
Microsoft Edge
NO
Google Chrome
NO
Safari
NO
Internet Explorer 11
YES
Mozilla Firefox
YES
Opera
YES
By clicking continue, you confirm that you have read, understood and agreed to this disclaimer.
The information contained on this site is provided as a courtesy of the Chelan County. Where it exists, the "Index.txt" will contain a brief explanation of files contained in this folder
Chelan County makes every effort to ensure the accuracy of the information provided on its web site. However, due to the possibility of transmission errors, HTML browser capabilities, changes made since the last update to the site, etc., neither Chelan County, nor any agency, officer or employee of Chelan County warrants the accuracy, reliability, or timeliness of any information published by this system and shall not be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from this system does so at his or her own risk.
By clicking continue, you confirm that you have read, understood and agreed to this disclaimer.
The information contained on this site is provided as a courtesy of the Chelan County. Where it exists, the "Index.txt" will contain a brief explanation of files contained in this folder
Chelan County makes every effort to ensure the accuracy of the information provided on its web site. However, due to the possibility of transmission errors, HTML browser capabilities, changes made since the last update to the site, etc., neither Chelan County, nor any agency, officer or employee of Chelan County warrants the accuracy, reliability, or timeliness of any information published by this system and shall not be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from this system does so at his or her own risk.
By clicking continue, you confirm that you have read, understood and agreed to this disclaimer.
The Canvassing Board of Chelan County, pursuant to RCW 29A.60.160, will hold public meetings at the dates and times listed below. The meetings of the Canvassing Board are open, public meetings under the applicable provisions of chapter 42.30 RCW, and each meeting shall be continued until the activity for which the meeting is held has been completed.
The Canvassing Board of Chelan County, pursuant to RCW 29A.60.160, will hold public meetings at the dates and times listed below. The meetings of the Canvassing Board are open, public meetings under the applicable provisions of chapter 42.30 RCW, and each meeting shall be continued until the activity for which the meeting is held has been completed.