In late action over the weekend, the Legislature hammered out an approach to managing the fallout of the State v. Blake ruling from earlier this year.
SB 5476 has been heavily modified since it was first introduced by Sen. Manka Dhingra (D–Redmond). As passed by the Legislature, the bill
addresses criminal penalties, establishing a committee to make recommendations on how to address the long-term impacts of Blake, investments in substance misuse prevention efforts, law enforcement training, as well as tens of millions of dollars to address the cost of vacating previous felony convictions.
The legislation requires law enforcement officers who encounter an individual in possession of a controlled substance to offer a diversion to seek a substance use disorder assessment and treatment services. The first two interactions by law enforcement must result in such a diversion. Further contacts allow the officer to offer diversion but does not mandate that the officer do so. If an officer arrests and pursues a misdemeanor charge, the prosecutor is not required to prosecute. The prosecutor may offer diversion or move forward with a charge.
The ability to charge an individual with a misdemeanor will expire July 1, 2023, and state law will automatically revert to whatever the law states on that date. This gives time for the committee to make recommendations, due by December 2022, and allows
the 2023 Legislature time to enact the recommendations.
The Washington State Health Care Authority (HCA) is charged with establishing a recovery services advisory committee to create a substance use recovery services plan. The purpose of the plan is to implement measures to assist those with a substance use
disorder in accessing outreach, treatment, and recovery support services that are low-barrier, person-centered, informed by people with lived experience, and culturally and linguistically appropriate. Additionally, the committee must make recommendations
regarding the appropriate criminal legal system response, if any, to possession of controlled substances. It must also make recommendations regarding the collection and reporting of data that identifies the number of people law enforcement officers
and prosecutors engage with regarding drug possession, and the design of a mechanism for referring people with a substance use disorder, or who display problematic behaviors resulting from substance use, to supportive services. A final plan is due
to the Legislature by December 1, 2022.
The HCA will also establish several other plans and programs, including:
- A comprehensive statewide substance misuse prevention plan. As a part of this plan, the HCA must administer a competitive grant process for existing local community efforts to prevent substance misuse. The plan must be completed by January 1, 2024.
- A grant program to provide treatment for low-income individuals with substance use disorder who are not eligible for Medicaid. Grant distribution must begin by March 1, 2022.
- A grant-based homeless outreach stabilization transition program. Grant distribution must begin by March 1, 2022.
- Funding for behavioral health administration services organizations to establish recovery navigator programs. These programs will provide community-based outreach, intake, assessment, connection to services, and, as needed, long-term intensive case
management and recovery coaching services to individuals with substance use disorders.
- An expanded recovery support services program that increases regional access to recovery services for substance use disorder such as housing, employment training, recovery coaching, and legal support.
By July 1, 2022, the Criminal Justice Training Commission must develop new training for law enforcement officers on how to manage interactions with people they encounter with substance use disorders, including referral to treatment and recovery services.
The training will be incorporated into the curriculum at the Basic Law Enforcement Academy.
In addition to the $83.5 million in the state’s budget to help the state and counties manage the legal impacts of the Blake decision, SB 5476 includes another $88.4 million to help establish the new programs outlined above.
Of that $88.4 million, $4.5 million will go to the Administrative Office of the Courts to help enhance municipal and district therapeutic courts. There are no direct appropriations to cities to offset the costs of diversion and prosecution.