SB 5536, sponsored by Sen. June Robinson (D–Everett), appears to be the Blake bill that the Legislature
has chosen to focus on this session. Last week the Senate Law & Justice Committee heard four different Blake related bills and opted to advance SB 5536. AWC supported both SB 5536 and SB 5467 because both created a clear criminal penalty for drug possession while focusing on diverting individuals into treatment. The Committee added substantive amendments to the original bill before passing the bill on to Ways & Means.
In short, the new, heavily amended bill:
- Makes ‘knowing’ possession of prohibited substances a gross misdemeanor. Law enforcement officers would be encouraged to offer an individual arrested for simple possession a referral to assessment, treatment, or other
services in lieu of booking and referring the case for prosecution.
- Creates a pretrial diversion program for individuals charged with possession. The judge would be required to advise the individual of the diversion program. The program would require the defendant to agree to meaningfully engage in
a substance use disorder treatment program in exchange for the court dismissing the simple possession charge.
- Requires the court to vacate possession convictions for individuals who successfully complete substance use disorder treatment.
- Expands access to substance use disorder treatment programs in under-served and rural areas of Washington. Opioid treatment programs would be recognized as essential public facilities (read more about essential public facilities on
MSRC’s website).
- Appropriates $46.9 million dollars:
- $36.6 million from the state general fund to expand efforts to provide opioid use disorder medication in city, county, regional, and tribal jails;
- Appropriates $7 million from the state general fund for new and established clubhouses throughout the state;
- Appropriates $3.2 million from the state general fund to establish and expand 23-hour crisis relief centers; and
- Provides counsel for parents affected by substance use disorders in dependency and child custody cases.
- Establishes health engagement hubs – mobile or fixed-site opioid treatment program medication units, which would be open to youth and adults, and provide wound care, harm reduction supplies and services, and linkages to housing, transportation,
and support services. The Healthcare Authority (HCA) would be required to make sure sufficient funding is available for one health engagement hub per 200,000 residents in Washington State no more than a two-hour drive for all communities.
- Provide training for parents of children with substance use disorders and their caseworkers at the Department of Children, Youth, and Families (DCYF).
- Provide data and evaluate the effectiveness of recovery navigator programs.
- Create education and employment pathways for people recovering from substance use disorders.
- Provide a statewide directory of recovery services.
- Streamline substance use disorder treatment intakes.
- Establish a safe-supply work group.
- Repeal the statute requiring law enforcement and prosecutors to offer a referral to assessment and treatment for an individual’s first two arrests for simple possession.
The bill now awaits a hearing in Ways & Means. AWC will continue to work with the bill sponsor to ensure that the final version works for cities and that the legislature includes sufficient funding to help cities implement these new requirements.
AWC urges cities to reach out to their legislators to support this bill.
If you have questions or comments to share with AWC, please contact Candice Bock directly at candiceb@awcnet.org.