Section 3.50.330. Suspension or deferral of sentence—Continuing jurisdiction of court.  


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  • (1) A court has continuing jurisdiction and authority to suspend the execution of all or any part of its sentence upon stated terms, including installment payment of fines for a period not to exceed:
    (a) Five years after imposition of sentence for a defendant sentenced for a domestic violence offense or under RCW 46.61.5055; and
    (b) Two years after imposition of sentence for all other offenses.
    (2)(a) Except as provided in (b) of this subsection, a court shall have continuing jurisdiction and authority to defer the execution of all or any part of the sentence upon stated terms, including installment payment of fines for a period not to exceed:
    (i) Five years after imposition of sentence for a defendant sentenced for a domestic violence offense; and
    (ii) Two years after imposition of sentence for all other offenses.
    (b) A court shall not defer sentence for an offense sentenced under RCW 46.61.5055.
    (3) A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant's compliance with the terms of probation when ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record.
    (4) However, the court's jurisdiction period in this section does not apply to the enforcement of orders issued under RCW 46.20.720.
    (5) Any time before entering an order terminating probation, the court may modify or revoke its order suspending or deferring the imposition or execution of the sentence.
    (6) For the purposes of this section, "domestic violence offense" means a crime listed in RCW 10.99.020 that is not a felony offense.
    NOTES:
    Intent2010 c 274: See note following RCW 10.31.100.
    Court Improvement Act of 1984Effective datesSeverabilityShort title1984 c 258: See notes following RCW 3.30.010.
    Application1984 c 258 §§ 101-139: See note following RCW 3.50.005.