The House Community Safety, Justice, & Reentry committee heard over two hours of testimony last week in their public hearing on SB 5536. AWC thanks the many Mayors and city officials who took time to participate in the hearing.
SB 5536, the so-called “Blake fix”, is a priority bill for AWC this year. It makes knowing possession of drugs a gross misdemeanor while focusing on many options for treatment in lieu of criminal penalties. It also
provides accountability for individuals who, on multiple occasions, refuse substance use disorder treatment or fail to substantially comply with recommended treatment.
The following are the most critical components for cities:
- Establishing that knowing possession of a controlled/counterfeit substance is a gross misdemeanor. Making knowing possession of most drugs a gross misdemeanor gives adequate time for court monitoring. As a gross misdemeanor,
municipal and district courts will have a sufficient length of time (up to two years) to monitor an individual’s compliance with substance use disorder treatment.
- Emphasis on treatment. AWC is supportive of the numerous opportunities within the bill to encourage an individual to obtain a substance use disorder evaluation and treatment. This includes the pre-trial diversion program created
in the bill. If an individual completes all recommended treatment, their case is dismissed, and record vacated.
- Criminal justice system. AWC believes accountability, in the criminal justice process, is valuable. An infraction would be insufficient.
- State investments. AWC is very supportive of the grant program for Law Enforcement Assisted Diversion (LEAD), as well as arrest and jail alternatives, 23-hour crisis relief centers, and opioid use disorder treatment efforts
within local jails. AWC has also requested direct funding assistance for cities to help offset costs associated with these cases.
The debate regarding the permanent solution for the Blake case now rests with the House. The discussion over the best approach to drug possession will continue as the path in the House is not clear. We expect that the bill is still a work in
progress and may come out of this committee in a different form than it stands now.
Dates to remember
SB 5536 is scheduled for a vote in the House Community Safety, Justice & Reentry committee on Tuesday, March 28 at 4 pm.