House Democrats advanced a bill Saturday that would expand judicial authority in diversion programs, allowing judges to dismiss charges upon a defendant’s “substantial compliance” with court-ordered conditions. Engrossed Substitute House Bill 1113 (ESHB 1113) aims to create a pathway to rehabilitation for low-level offenses while shifting power away from prosecutors.
Under the proposed law, judges could pause a case for up to a year while requiring the defendant to undergo treatment, pay restitution, and avoid additional charges. If the defendant meets the conditions to a judge’s satisfaction, the case must be dismissed. The measure, already passed by the House, now moves to the state Senate for consideration.
Supporters argue that the bill would alleviate the burden on a legal system struggling with a shortage of public defenders and prosecutors. Rep. Roger Goodman, D-Kirkland, emphasized that the bill is discretionary, meaning judges are not required to grant motions for dismissal. “Thirteen states have this in place, and it has been shown to be very helpful in resolving behavioral difficulties,” Goodman stated.
However, Republican lawmakers oppose the measure, arguing that it weakens prosecutorial discretion and accountability for offenders. Critics point out that the bill does not define “substantial compliance,” leaving the standard open to interpretation by individual judges. Furthermore, while restitution is listed as a condition for dismissal, the bill explicitly states that an inability to pay restitution cannot be grounds for denial, potentially allowing cases to be dismissed without full victim compensation.
Rep. Darya Farivar, D-Seattle, defended the “substantial compliance” standard, calling it an established legal term already in use. She highlighted that over 45% of non-traffic-related misdemeanors are already being dismissed by judges and prosecutors under current law. Farivar argued that ESHB 1113 would ensure that more cases include mandatory treatment requirements, which are not always enforced under existing court procedures.
ESHB 1113 would apply to low-level offenses such as theft, trespassing, and drug possession but would exclude cases involving domestic violence, animal cruelty, weapons charges, and sexual offenses.
Rep. Jenny Graham, R-Spokane, emphasized the need for accountability. “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.’”
The bill’s fate now rests with the state Senate, where debate over balancing rehabilitation opportunities with public safety concerns is expected to continue.
