In a meeting this week, Democratic legislators shared their plan with cities for responding to the State v. Blake decision handed down earlier this year.

Cities understand a different version of SB 5476 will be adopted in the House Appropriations Committee. The striking amendment will require law enforcement to provide pre-booking diversion for individuals in possession of a controlled or counterfeit substance. The diversion will offer assessment and treatment options. The first two contacts by law enforcement must be diverted for an assessment and services. After two referrals for diversion, an officer could then refer the case to the local court for prosecution on misdemeanor charges. The belief behind this approach is that it is more effective to provide intervention and access to services “upstream” rather than managing diversion in courts.

Once cases do reach municipal courts, prosecutors would then have the option to continue to divert the individual for assessment and services or prosecute the individual for misdemeanor possession. However, as cities know, there is a lack of diversion services in most communities across the state. While we expect significant investments for treatment options, legislators have not provided a stable funding source for cities. All funds provided by the state will be in the form of grants. We are unaware of any money coming directly to our courts to assist with caseload management. The theory is we can control our own costs by not prosecuting, rather we should continually divert folks towards treatment. If cities do prosecute, cities will be responsible for all costs associated with incarceration and medical services while a person is in a city jail facility.

This new approach is not being viewed as a stop-gap – this approach is being messaged as the plan for the state moving forward.

Dates to remember

SB 5476 is scheduled for floor action in the House on Friday, April 23.