BILL REQ. #:  S-1462.2 

Read first time 02/15/13.   Referred to Committee on Law & Justice.

     AN ACT Relating to specialty courts; adding a new section to chapter 2.28 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that in the state of Washington, there exists a type of court administered by the judiciary commonly called a specialty court. Judges in the trial courts throughout the state effectively utilize specialty courts to remove defendants with their consent from the normal criminal court system and allow those defendants the opportunity to obtain treatment services to address particular issues that may have contributed to the conduct that led to their arrest in exchange for dismissal of the charges. Trial courts have proved adept at creative approaches in fashioning a wide variety of specialty courts addressing the spectrum of social issues that can contribute to criminal activity.
     The legislature also finds that there are presently more than seventy-four specialty courts operating in the state of Washington that save costs to both the trial courts and law enforcement by strategic focus of resources within the criminal justice system. There are presently more than fifteen types of specialty courts in the state including: Veteran's treatment court, adult drug court, juvenile drug court, family dependency treatment court, mental health court, DUI court, community court, reentry drug court, tribal healing to wellness court, truancy court, homeless court, domestic violence court, gambling court, and Back on TRAC: Treatment, responsibility, accountability on campus.
     The legislature recognizes the inherent authority of the judiciary under Article IV, section 1 of the state Constitution to establish specialty courts. The legislature recognizes the outstanding contribution to the state and a local community made by the establishment of specialty courts and desires to provide a general provision in statute acknowledging and encouraging the judiciary to provide for such courts to address the particular needs within a given judicial jurisdiction.

NEW SECTION.  Sec. 2   A new section is added to chapter 2.28 RCW to read as follows:
     (1) The legislature respectfully encourages the supreme court to adopt any administrative orders and court rules of practice and procedure it deems necessary to support the establishment of effective specialty courts.
     (2) Any jurisdiction that establishes a specialty court under this section may seek state or federal funding as it becomes available for the establishment, maintenance, and expansion of specialty courts and for the provision by participating agencies of treatment to participating defendants. The administrative office of the courts may enter into contracts and cooperative agreements with state or federal departments and agencies to provide treatment and other social services to participants. The departments and agencies shall collaborate and, to the extent possible, provide financial and other assistance to the judicial branch in order to establish and maintain specialty courts. Nothing in this section shall prohibit courts from providing direct in-house treatment services.
     (3) Any jurisdiction establishing a specialty court shall endeavor to incorporate the treatment court principles of best practices as recognized by state and national treatment court agencies and organizations in structuring a particular program, which may include:
     (a) Determine the population;
     (b) Perform a clinical assessment;
     (c) Develop the treatment plan;
     (d) Supervise the offender;
     (e) Forge agency, organization, and community partnerships;
     (f) Take a judicial leadership role;
     (g) Develop case management strategies;
     (h) Address transportation issues;
     (i) Evaluate the program;
     (j) Ensure a sustainable program.
     (4) For the purposes of this section, "specialty court" means a specialized pretrial or sentencing docket in select criminal cases where agencies coordinate together to provide treatment for a defendant who has particular needs. The specialty court does not provide treatment but contracts or collaborates with experienced and expert treatment providers.

NEW SECTION.  Sec. 3   This act takes effect August 1, 2013.