(The Center Square) – House Democrats advanced a bill Saturday attempting to create a pathway to rehabilitation by allowing judges to dismiss charges upon “substantial compliance” with court-ordered conditions.
Intended for low-level offenses, Engrossed Substitute House Bill 1113 expands judicial authority over diversion opportunities. Typically, those fall under prosecutorial discretion, but if approved by the state Senate, ESHB 1113 would hand power over to the judge and defense attorneys.
The proposal allows the court to pause a case for up to a year while requiring the defendant to undergo treatment and other conditions. According to ESHB 1113, the judge must dismiss the case if the defendant “substantially complied” with the order while paying restitution and avoiding additional charges.
“This is discretionary. A court doesn’t have to grant a motion. A court doesn’t have to do this at all. It’s entirely voluntary,” Rep. Roger Goodman, D-Kirkland, said Saturday. “Thirteen states have this in place, and it has been shown to be very helpful in resolving behavioral difficulties.”
Republicans argued that ESHB 1113 undermines prosecutorial discretion and makes it easier for offenders to avoid accountability. The bill doesn’t define “substantial compliance,” meaning it’s up to the judge to interpret, and the mandatory restitution isn’t actually required.
“Full restitution must be a required condition for the dismissal of charges,” according to ESHB 1113. “However, a defendant’s inability to pay restitution due to indigence may not be grounds for denial of this dismissal following progress towards complying with court-ordered conditions.”
Goodman argued the bill alleviates a system grappling with a shortage of public defenders and prosecutors as some counties face lawsuits over the crisis. Rep. Darya Farivar, D-Seattle, said judges and prosecutors are currently dismissing over 45% of nontraffic-related misdemeanors.
She rejected criticisms over the “substantial compliance” standard, adding that it’s a “newer but established legal term that judges are currently using,” Farivar said the language accepts the reality that “people are not perfect,” especially when entering the criminal justice system.
Court rules currently allow judges to dismiss a case due to insufficient evidence, a violation of the defendant’s rights or the state’s failure to prove its case. Farivar said her proposal expands those options while mandating treatment in many cases, which isn’t currently required.
If approved, ESHB 1113 would expand diversion opportunities for low-level offenses, such as theft, trespassing, drug possession and more. The proposal would not apply to animal cruelty, domestic violence, weapon-related offenses and sexually-motivated crimes, among others.
“The very least that we could do is to say, ‘If you’re being offered this, you need to comply, and if you don’t want to comply, that’s fine, then you’re going to get the justice that you have coming to you,’” said Rep. Jenny Graham, R-Spokane.
