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Deferred Prosecution

Deferred Prosecution is a legal term to refer to a specific set of options available under this heading as defined in state law; different states have different laws and language around such legal options afforded to the community, often to allow treatment in place of punishment.

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The laws in Washington State allow for a 24-month SUD treatment program to support this exchange, should the client follow and complete certain requirements. This page is not a form of legal advice, and the information provided is for informational and educational purposes only. The focus is intentionally on the levels of care provided to outline the treatment timeline.

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Availia aims to provide the highest quality SUD treatment services for clients pursuing deferred prosecution in Washington State, structured around this 24-month framework.

A female client and a female counselor seated together in a calm, neutral-toned office, each wearing black pants, representing an Availia SUD Assessment session.

First Step

SUD Assessment

Not every client is eligible for this legal option, and the law requires an SUD Assessment be completed before the court can consider the defendant's request. The assessment must find the level of treatment is supported before proceeding. 

Second Step

Intensive Outpatient (IOP)

Each client taking a Deferred Prosecution starts here. The law requires clients complete 72 hours of clinical contact in their first 12 weeks of treatment.

Availia defines our Intensive Outpatient Program by this 72-hour standard. With 3-hour groups three times weekly, Availia clients can finish this first stage in just eight weeks, giving a wide buffer for client needs.

A woman's hands, shown from behind her, gesture while she speaks to a group seated in a circle, softly blurred in the background of a shallow depth-of-field shot, representing a client's first weeks in Availia's Intensive Outpatient group.
A group of one woman and three men seated in a circle in a well-lit room, whited-out window walls and a faded tall plant visible behind them. The woman claps while two men, one Black and one white, neither wearing glasses, shake hands; the other two men, both wearing glasses, look on, representing a moment of connection in Availia's Aftercare step-down groups.

Third Step

Aftercare (includes two levels):

  • Must combine to total at least 6 months:

    • 1.5 Relapse Prevention

    • 1.5 Continuing Care

Fourth Step

Monthly Maintenance

The last level of treatment for the Deferred Prosecution clients involves continued engagement and structure, though it is much more minimal. Availia structures this in having clients attend a monthly process group and a monthly individual session, continuing with other program requirements, like randomized urine testing.

Five women seated in a circle in close discussion, one gesturing with her hands as she speaks while the others look on and listen, representing the familiarity of Availia's Monthly Maintenance group for clients who have been in the program at least eight months.
Medical testing items shown aligned with legally mandated drug testing for Deferred Prosecution. All testing is done off-site, unless otherwise suspected in client attendance in Spokane, Washington, or virtually.

Additional Structure

Legally Mandated (by law)

  • Must include for the entire 24 months:

    • Randomized Drug Screens & Testing

    • Twice-Weekly Community Support-Groups

      • 'Self-Help,' 12-Step Meetings, etc.​

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