Washington v. Velasquez
Annotate this CaseUnder chapter 10.05 RCW, a defendant charged with a misdemeanor or gross misdemeanor in a Washington court of limited jurisdiction may petition the court for deferred prosecution if the crime was the result of substance dependency or mental illness. After the defendant fulfills the statutory requirements, the judge may dismiss the charges. RCW 10.05.130 requires the appropriation of public funds "to provide investigation, examination, report and treatment plan for any indigent person who is unable to pay the cost of any program of treatment" within a deferred prosecution. The issue before the Supreme Court in this case centered on the statutory interpretation of the term "treatment plan" in RCW 10.05.130. The Court held that according to the plain and unambiguous language of RCW 10.05.130, the legislature did not intend to commit public funds for the full course of treatment programs for indigent defendants in deferred prosecutions.
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