BILL REQ. #: H-3557.2
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/14/2004. Referred to Committee on Judiciary.
AN ACT Relating to standardized chemical dependency assessment protocols; adding new sections to chapter 70.96A RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that standardized
chemical dependency assessment protocols should be required in court-involved chemical dependency cases to ensure accurate assessments and
treatment plans. Assessment protocols should require that collateral
background information be obtained along with a drug screen urinalysis
obtained at time of assessment and that a standardized assessment
summary should be required in all court-involved assessments. Less
than accurate criminal history and substance use history substantively
affects proper treatment placement of individuals. Historically,
assessments have been based solely on the self-report of defendants
whose reporting history may not be accurate. Accurate assessments and
treatment plans are necessary so that individuals receive appropriate
treatment interventions and are not put at risk of reoffending by
continuing to become intoxicated and driving a vehicle placing the
public at risk. The legislature intends to establish standardized
chemical dependency assessment protocols to be used uniformly
statewide.
NEW SECTION. Sec. 2 A new section is added to chapter 70.96A RCW
to read as follows:
(1) Court-involved assessments are limited to persons who meet the
criteria of WAC 388-805-815.
(2) A chemical dependency professional or trainee supervised under
WAC 388-805-210 or a probation assessment officer or intern supervised
under WAC 388-805-230 must conduct each client assessment and ensure
the assessment includes the requirements of WAC 388-805-310 and all the
following:
(a) An evaluation of a copy of the analysis of the client's blood
alcohol level and other drug levels at the time of arrest, if
available, and the client's self-reported driving record and a copy of
the client's abstract of driving record, if available. The evaluation
must include a statement regarding the blood alcohol level and the
client's self-reported driving record, and a clinical interpretative
statement about the abstract of driving record that includes a fifteen
year history of all alcohol-related convictions and related offenses
reduced to lesser offenses, and deferred prosecutions, and how they
relate to the assessment and diagnosis;
(b) A release of information from the client for the court of
jurisdiction or judicial information system to receive a summation of
the client's compiled case history. If collateral information is not
obtained, circumstances preventing such efforts shall be reported to
the court;
(c) A copy of the police report in cases where the blood or breath
alcohol concentration test was refused;
(d) A drug screen urinalysis. Results are to be assessed and
included in the written assessment and recommendations. If a request
for drug screen urinalysis is refused, circumstances surrounding the
refusal shall be included in the assessment.
NEW SECTION. Sec. 3 A new section is added to chapter 70.96A RCW
to read as follows:
Court-involved assessments shall use the chemical dependency
assessment summary form provided in this section as a cover document
for all assessments and treatment recommendations. The form must read
as follows: