Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Human Services Committee

HB 1919

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

Drug Court.

In 1999 the Legislature enacted law which authorized counties to establish drug courts. Some counties, such as King County, started a drug court program as early as 1994. The court is a separate court with its own calendar. The criteria eligibility for drug court programs and their operation vary from county to county, but generally, an offender may not have any prior sex offender criminal history, prior violent offenses, and in some counties, there can be no indication that an offender had any intent to sell or distribute drugs.

Drug courts are pre-adjudication programs that provide eligible defendants with an opportunity to receive drug treatment in the community instead of incarceration. If a prosecutor determines that a felony case is eligible for drug court, the matter will be filed in the county drug court. The defendant enters into a "contract" with the court to abide by conditions. The defendant also waives the right to a trial and stipulates to the facts in the police report and that those facts are sufficient to find him or her guilty of the offenses charged. Upon completion of treatment, which normally takes one to two years, the charges are dismissed. If the defendant fails to complete the program requirements, he or she is sentenced on the charges.

In 2006 the Washington State Institute for Public Policy issued a preliminary and a final report summarizing their review of evidence-based programs for adult offenders. Participation by offenders in adult drug court programs reduced recidivism rates of the program participants by approximately 10 percent.

Criminal Justice Treatment Account.

In 2002 the Legislature created the Criminal Justice Treatment Account in the State Treasury. Moneys in that account were to be expended solely for: (a) substance abuse treatment and treatment support services for offenders with an addiction, against whom charges are filed by a prosecuting attorney in Washington; (b) the provision of drug and alcohol treatment services and treatment support services for nonviolent offenders within a drug court program; and (c) the operation of the Integrated Crisis Response and Intensive Case Management pilots during the 2007 - 2009 biennium.

Summary of Bill:

Funds in the Criminal Justice Treatment Account may be used to support the operation and administration of the drug court programs, in addition to their use for the support and treatment services for offenders who participate in the drug court programs. Not more than 10 percent of the funds received by a county or group of counties participating in a regional agreement shall be spent to support the operation and administration of a drug court program.