Section 10.31.120. Chemical dependency arrests—Treatment—Pilot program.

(1) A pilot program is established in Snohomish county for the purpose of studying the effect of chemical dependency diversions as described in this section.

(2) When a police officer has reasonable cause to believe that the individual:

(a) Has committed acts constituting a nonfelony crime that is not a serious offense as identified in RCW 9.41.010;

(b) Has not committed a possible violation of laws relating to driving or being in physical control of a vehicle while under the influence of intoxicating liquor or any drug under chapter 46.20 RCW; and

(c) Is known by history or consultation with staff designated by the county to suffer from a chemical dependency, as defined in *RCW 70.96A.020, the arresting officer may:

(i) Take the individual to an approved chemical dependency treatment provider for treatment. The individual must be examined by a chemical dependency treatment provider within three hours of arrival;

(ii) Take the individual to an emergency medical service customarily used for incapacitated persons, if no approved treatment program is readily available. The individual must be examined by a chemical dependency treatment provider within three hours of arrival;

(iii) Refer the individual to a chemical dependency professional for initial detention and proceeding under **chapter 70.96A RCW; or

(iv) Release the individual upon agreement to voluntary participation in outpatient treatment.

(3) If the individual is released to the community, the chemical dependency [treatment] provider shall inform the arresting officer of the release within a reasonable period of time after the release if the arresting officer has specifically requested notification and provided contact information to the provider.

(4) In deciding whether to refer the individual to treatment under this section, the police officer shall be guided by standards mutually agreed upon with the prosecuting authority, which address, at a minimum, the length, seriousness, and recency of the known criminal history of the individual, the mental health and substance abuse history of the individual, where available, and the circumstances surrounding the commission of the alleged offense.

(5) The police officer shall submit a written report to the prosecuting attorney within ten days.

(6) Any agreement to participate in treatment shall not require individuals to stipulate to any of the alleged facts regarding the criminal activity as a prerequisite to participation in a chemical dependency treatment alternative. The agreement is inadmissible in any criminal or civil proceeding. The agreement does not create immunity from prosecution for the alleged criminal activity.

(7) If an individual violates such agreement and the chemical dependency treatment alternative is no longer appropriate, the chemical dependency [treatment] provider shall inform the referring law enforcement agency of the violation.

(8) Nothing in this section may be construed as barring the referral of charges to the prosecuting attorney, or the filing of criminal charges by the prosecuting attorney.

(9) The police officer, staff designated by the county, or treatment facility personnel are immune from liability for any good faith conduct under this section.

[ 2014 c 128 § 2.]

NOTES:

Reviser's note: *(1) RCW 70.96A.020 was repealed by 2016 1st sp.s. c 29 § 301, effective April 1, 2018.

**(2) Chapter 70.96A RCW was repealed and/or recodified in its entirety pursuant to 2016 1st sp.s. c 29 §§ 301, effective April 1, 2018, 601, and 701.

Pilot program evaluation—2014 c 128: "Snohomish county shall evaluate the effects of the pilot program as provided in section 2 of this act. Snohomish county shall submit a report to the legislature consistent with RCW 43.01.036. The report must summarize the effectiveness of the pilot program and include: How often the chemical dependency diversion was used, the kind of treatment the person engaged in, how often treatment was completed, the number of prosecutions, any cost savings to the county or state, any cost shifting from the county or state onto other systems, and the recidivism rate of offenders involved in the pilot program. The report may include any recommendations to the legislature to improve the effectiveness of the pilot program. The report is due July 1, 2015, and every other year until July 1, 2019." [ 2014 c 128 § 3.]

Expiration date—2014 c 128 §§ 2 and 3: "Sections 2 and 3 of this act expire July 31, 2019." [ 2014 c 128 § 6.]

Finding—2014 c 128: "The legislature finds that the large number of individuals involved in the juvenile justice and criminal justice systems with substance abuse challenges is of significant concern. Access to effective treatment is critical to the successful treatment of individuals in the early stages of their contact with the juvenile justice and criminal justice systems. Such access may prevent further involvement in the systems. The effective use of substance abuse treatment options can result not only in significant cost savings for the juvenile justice and criminal justice systems, but can benefit the lives of individuals who face substance abuse challenges." [ 2014 c 128 § 1.]

2014 c 128 § 2.