AN ACT Relating to alcoholism and drug addiction treatment; amending RCW 74.50.010, 74.50.030, 74.50.050, and 74.50.060; creating new sections; and declaring an emergency.

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

Sec. 1. Section 2, chapter 406, Laws of 1987 and RCW 74.50.010 are each amended to read as follows:

The legislature finds:

(1) There is a need for reevaluation of state policies and programs regarding indigent alcoholics and drug addicts;

(2) The practice of providing a cash grant may be causing rapid caseload growth and attracting transients to the state;

(3) Many chronic public inebriates have been recycled through county detoxification centers repeatedly without apparent improvement;

(4) The assumption that all individuals will recover through treatment has not been substantiated;

(5) The state must modify its policies and programs for alcoholics and drug addicts and redirect its resources in the interests of these individuals, the community, and the taxpayers; and

(6) Treatment resources should be focused on persons willing to commit to rehabilitation; and

(7) ((~~Shelter assistance is an essential service necessary to prevent homelessness and meet the basic needs of indigent alcoholics and drug addicts~~)) It is the intent of the legislature that, to the extent possible, shelter services be developed under this chapter that do not result in the displacement of existing emergency shelter beds. To the extent that shelter operators do not object, it is the intent of the legislature that any vacant shelter beds contracted for under this chapter be made available to provide emergency temporary shelter to homeless individuals.

Sec. 2. Section 4, chapter 406, Laws of 1987 and RCW 74.50.030 are each amended to read as follows:

A program of treatment and shelter for alcoholics and drug addicts who meet the eligibility requirements is established within available funds within the department of social and health services. The eligibility requirements for the treatment and shelter program shall be the same as the eligibility requirements for the general assistance program as set forth in RCW 74.04.005 except that RCW 74.04.005(6)(a)(i) shall not exclude a federal-aid recipient from receiving impatient or recovery house treatment services, and RCW 74.04.005(6) (d), (e), and (f) shall not apply. However, persons who are unemployable solely due to alcohol or drug addiction shall be eligible for services under this chapter, to the extent of available funds, instead of the general assistance‑-unemployable program. This program shall consist of:

(1) Client assessment services;

(2) A treatment program for alcoholics and drug addicts;

(3) A shelter program for indigent alcoholics and drug addicts;

(4) Assistance in making application for enrollment in the federal supplemental security income program under the social security administration act; and

(5) Medical care services as defined in RCW 74.09.010.

Sec. 3. Section 6, chapter 406, Laws of 1987 and RCW 74.50.050 are each amended to read as follows:

(1) The department shall provide alcohol and drug treatment services ((~~within available funds~~)) for indigent persons eligible under this chapter who are incapacitated from gainful employment due to drug or alcohol abuse or addiction. The treatment services may include but are not limited to:

(a) Intensive inpatient treatment services;

(b) Recovery house treatment;

(c) Outpatient treatment and counseling, including assistance in obtaining employment, and including a living allowance while undergoing outpatient treatment. The living allowance may not be used to provide shelter to clients in a dormitory setting that does not require sobriety as a condition of residence. The living allowance shall be administered on the clients' behalf by the outpatient treatment facility or other social service agency designated by the department. The department is authorized to pay the facility a fee for administering this allowance.

(2) Every effort will be made to serve all of those requesting treatment. If a waiting list develops, those persons awaiting treatment may be provided shelter services and shall have the option of receiving such shelter services through a protective payee. The department shall promulgate regulations which determine the amount of cash which may be disbursed by the protective payee to the recipient. A recipient who fails to appear for the scheduled treatment shall not be eligible for such waiting period benefits for a period of one year.

(3) No individual may receive treatment services under this section for more than six months in any two-year period: PROVIDED, That the department may approve additional treatment and/or living allowance as an exception.

(4) The department may require an applicant or recipient selecting treatment to complete inpatient and recovery house treatment when, in the judgment of a designated assessment center, such treatment is necessary prior to providing the outpatient program.

Sec. 4. Section 7, chapter 406, Laws of 1987 and RCW 74.50.060 are each amended to read as follows:

(1) The department shall establish a shelter assistance program to ensure the availability of shelter for persons eligible under this chapter. "Shelter," "shelter support," or "shelter assistance" means a facility under contract to the department providing room and board in a supervised living arrangement, normally in a group or dormitory setting, to eligible recipients under this chapter. This may include supervised domiciliary facilities operated under the auspices of public or private agencies. No facility under contract to the department shall allow the consumption of alcoholic beverages on the premises. The department may contract with counties and cities for such shelter services. To the extent possible, the department shall not displace existing emergency shelter beds for use as shelter under this chapter. In areas of the state in which it is not feasible to develop shelters, due to low numbers of people needing shelter services, or in which sufficient numbers of shelter beds are not available, the department may provide shelter through protective payees.

(2) Persons continuously eligible for the general assistance-unemployable program since July 25, 1987, who transfer to the program established by this chapter, have the option to continue their present living situation, but only through a protective payee.

NEW SECTION. Sec. 5. The department shall establish a pilot project(s) for a case management protective payee system. The project(s) will involve no more than two hundred ten recipients. The project(s) will provide a ratio of no more than thirty-five recipients per case manager. The purpose of the project(s) is to evaluate whether a case management system can be administered in such a manner as to prevent the diversion of assistance for purchasing of alcohol or drugs. The department shall report on the results of the pilot project(s) to the appropriate legislative committees by December 1, 1989. This section shall expire July 1, 1990, unless extended by law.

NEW SECTION. Sec. 6. The department shall report to the appropriate committees of the legislature by January 5, 1989, on the alcohol and drug addiction treatment and shelter act. The report shall include at least the following information:

(1) The average monthly number of persons receiving client assessment services, including the number receiving assistance in the application process for supplemental security income benefits;

(2) The average monthly number of persons receiving treatment services, including the number receiving inpatient and outpatient treatment, and the number receiving a living allowance while waiting for treatment or undergoing outpatient treatment;

(3) The average monthly number of persons receiving shelter services and the type of shelter services provided;

(4) The number of shelter beds contracted for under this program which were previously temporary emergency shelter beds;

(5) The number of applicants for general assistance payments referred to the program and the number of recipients of general assistance transferred to the program.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.