FINAL BILL REPORT

SHB 1919

C 445 L 09

Synopsis as Enacted

Brief Description: Operating and administering a drug court program.

Sponsors: House Committee on Human Services (originally sponsored by Representatives Kagi, Goodman, Pedersen, Rodne, Roberts, Hinkle, Dickerson, Moeller, Santos and Wood).

House Committee on Human Services

House Committee on Ways & Means

Senate Committee on Judiciary

Senate Committee on Ways & Means

Background:

Drug Court.

In 1999 legislation was enacted which authorized counties to establish drug courts. Some counties, such as King County, started a drug court program as early as 1994. The drug court is a separate court with its own calendar. The eligibility criteria 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 or 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 its 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 Criminal Justice Treatment Account (Account) was created in the State Treasury. Moneys in the Account were to be expended solely for: (1) substance abuse treatment and treatment support services for offenders with an addiction, against whom charges are filed by a prosecuting attorney in Washington; (2) the provision of drug and alcohol treatment services and treatment support services for nonviolent offenders within a drug court program; and (3) the operation of the Integrated Crisis Response and Intensive Case Management pilots during the 2007 - 2009 biennium.

Summary:

Funds in the 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 may be spent to support the operation and administration of a drug court program.

Votes on Final Passage: