The Probation Department operates under the direction of Clark County District Court to provide monitoring of court-ordered conditions for individuals who are granted a deferred prosecution. Participants agree to undergo treatment for addictions and/or other behavioral health conditions. Petitioners for deferred prosecution are primarily those with Driving Under the Influence charges, but may also be applied to other specified offenses where behavioral health treatments may be clinically indicated.
The law limits deferred prosecution to once in a lifetime.
The department is required to do at least the following:
- If the charge for which deferral is granted relates to operation of a motor vehicle, at least once every six months request an abstract of the petitioner's driving record from the Department of Licensing ; and
- Make contact at least once every month with the petitioner or any agency to which the petitioner has been directed for treatment as a part of the deferral.
Important Information Regarding Deferred Prosecution
Please review the following standard requirements of Deferred Prosecution.
Deferred Prosecution is monitored by the Clark County District Court, Probation Division. A Probation Officer will maintain regular contact with your treatment agency to monitor your progress. You must attend all required treatment groups including two self-help groups per week (AA/NA). You must remain abstinent from alcohol and other non-prescribed drugs. If you change your address or phone number, you must inform the Probation Department within 10 days. You must not drive a vehicle without a valid drivers' license and proof of liability insurance. Failure to comply with these requirements may result in your return to Court. You must also comply with the following specific conditions of your Deferred Prosecution:
- Attend Victims Panel within 90 days of placement on Deferred Prosecution. This is a one-time class and the cost is $75. Register and pay the fee to schedule the class.
- Pay the ER/BAC fee in the amount listed on the Sentence Order. This is a mandatory Court fee.
- There is a $100 monthly supervision fee until the completion of treatment, unless otherwise ordered by the court. Full payment of financial obligation is due on the date ordered by the Judge. Payment plans are available with Signal Management Services or arrange to work off the fees on Work Crew. Failure to pay your financial obligation will result in your return to Court.
- If restitution is ordered, you will be informed of the amount. A payment agreement will need to be completed.
- Ignition interlock is required while on Deferred Prosecution. The Probation Officer may take action on any positive readings. Bring verification of installation to your Probation Officer at Corrections. Failure to do so can result in a return to Court on a violation.
- Do not violate any laws while on Deferred Prosecution. Any new law violation will result in the case being cited back into Court and could result in the revocation of Deferred Prosecution.
- Report to Probation within 24 hours following the Judge signing the Deferred Prosecution Order and your placement on Deferred Prosecution. This is to complete the intake process.
- Non-Washington residents need to be screened for Interstate Compact. If you qualify, there is a non-refundable processing fee of $100.
If you have questions, please contact Probation at (564) 397-2424 and ask for a Deferred Prosecution Probation Officer.