Deferred Prosecution offered at Merit Resource Services in Kennewick

Allows any misdemeanor charge to be deferred for alcohol, drug, or mental health reasons that have contributed to the misdemeanor offense, provided the individual begins and completes the recommended treatment program. Any patient meeting the criteria for Deferred Prosecution or pre-trial diversion, by reason of alcohol/other drug related misdemeanor may petition the Court. That individual may present to this agency their desire to petition for a Deferred or Diversion during the assessment. The following will be determined to ascertain whether the patient meets the following requirements of a Deferred Prosecution as listed:

• Whether the person suffers from a Substance Use Disorder
• Whether the problem is such that if not treated there is a probability that similar misconduct will occur in the future
• Whether extensive and long-term treatment is required
• Whether effective treatment for this person's problem is available
• Whether the person is amenable to treatment

When the above has been determined, the agency shall make a written report to the Court stating its findings and recommendations after the examination. The report with the treatment plan shall be filed with the court and a copy given to the petitioner (patient) as well as the patient's attorney. Nationally CARF Accredited.

Washington 211