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 2 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.
• Sentencing: AWC believes accountability, in the criminal justice process, is necessary in situations in which an individual refuses treatment, willfully abandons treatment, or consistently fails to comply with treatment. An infraction alone is 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. It is important for cities to continue to express support for this bill with your House Representatives. SB 5536 must move out of the House policy committee no later than March 29, 2023. We anticipate that the committee will vote on the bill March 28, just prior to the deadline.

Dates to remember

SB 5536 is scheduled for a public hearing in the House Community Safety, Justice, & Reentry Committee on Monday, March 20 at 1:30pm.