Human Trafficking Diversion Eligibility Criteria

A.   The defendant must have personally engaged in exchanging sexual services for anything of value within the last two (2) years and that experience contributed to the current offense. 

B.   Current offenses of any of the following crimes will preclude eligibility:

    1. Sex offenses, violent offenses, and serious violent offenses;

    2. Violent traffic offenses, including felony DUI;

    3. Any offense alleging either death or substantial or great bodily harm (RCW 9A.04.110);

    4. Current allegations of actual, attempted or threatened discharge of a firearm;

    5. Promoting Prostitution in the First or Second Degree;

    6. EXCEPTIONS:  If the pending charge is a sex offense, a violent offense, or Promoting Prostitution in the First or Second Degree, then an exception may be made if each of the following exists:

a.     Defendant was being actively victimized, and that victimization reached the level of the crime of Human Trafficking Second Degree;

b.     Corroborating circumstances show that defendant was a victim of significant violence by a pimp during the period of the current offense(s);

c.     Defendant’s victim in the current offense was also victimized by defendant’s pimp, as referenced in (2), above;

d.     Defendant’s victimization is directly linked to the current offense(s); and

e.     The defendant agrees to cooperate in any investigation or prosecution of any person involved in circumstances relating to the current offense.

C.     Disqualifying criminal history:

    1. Any sex offense, felony or misdemeanor;

    2. Any violent or serious violent offense;

    3. Promoting Prostitution in the First or Second Degree.

D.     Prior convictions or current offenses of any of the following crimes will presumptively preclude eligibility:

  1. Domestic violence offenses, including Violation of a No Contact Order;

  2. Major economic offenses, i.e., a pattern of criminal entrepreneurial activity (e.g. four or more charges or convictions for trafficking in stolen vehicles; three or more pending or prior car thefts; or six or more allegations of ID Theft with distinct dates and victims);

  3. Major drug crimes, i.e., criminal entrepreneurial activity not motivated by addiction or victimization (e.g., Delivery or Possession With Intent involving 7+ grams of heroin, meth, cocaine; 50 RX pills, 20+ MDMA pills and/or possession of $1,000 or more);

  4. A crime in which the defendant possessed or used a firearm in a manner that does not qualify under B. (4), above;

  5. Assault in the Third Degree. (In consultation with law enforcement, consideration may be given to a defendant if no weapons were possessed, used or attempted to be used in the commission of the crime.)

E.     Other factors that may affect eligibility:

    1. The ability to verify that the defendant has provided sexual services for anything of value within the last two years;

    2. The extent of the victimization;

    3. Whether the defendant has been involved in the victimization of other individuals;

    4. Significant criminal history;

    5. Gang involvement;

    6. Previous opportunities at recovery, including prior participation in this program or other treatment courts;

    7. Safety of staff members/probation officer when meeting with defendant;

    8. Willingness of defendant to move out of the area, engage in intensive mental health and chemical dependency treatment, or engage in long term treatment;

    9. Willingness to cooperate in pending criminal cases where the defendant is a witness;

    10. Ability of the program to meet the particular needs of the defendant;

    11. Safety of the community.