BILL REQ. #:  H-3614.1 

Read first time 01/19/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to drunk driving courts; adding a new section to chapter 3.02 RCW; and adding a new section to chapter 35.20 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 3.02 RCW to read as follows:
     (1) A city or county that operates a court under this title may establish and operate one or more drunk driving courts.
     (2) For the purposes of this section, "drunk driving court" means a court that has special calendars or dockets designed to achieve a reduction in recidivism and substance abuse among drunk driving offenders by increasing their likelihood for successful rehabilitation through early, continuous, and intense judicially supervised treatment; mandatory periodic alcohol or drug testing; and the use of appropriate sanctions and other rehabilitation services.
     (3)(a) Any jurisdiction that seeks a state appropriation to fund a drunk driving court program must first:
     (i) Exhaust all federal funding received for the support of the operations of its drunk driving court and associated services; and
     (ii) Match, on a dollar-for-dollar basis, state money allocated for drunk driving court programs with local cash or in-kind resources. Moneys allocated by the state must be used to supplement, not supplant, other federal, state, and local funds for drunk driving court operations and associated services.
     (b) Any jurisdiction that establishes a drunk driving court pursuant to this section shall establish minimum requirements for the participation of offenders in the program. The drunk driving court may adopt local requirements that are more stringent than the minimum. The minimum requirements are:
     (i) The drunk driving court is designed for offenders charged with or being given deferred prosecutions for a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, or a violation of RCW 46.61.5249 or an equivalent local ordinance if the charge was originally filed as a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance; and
     (ii) The drunk driving court is designed for offenders who would benefit from substance abuse treatment, including but not limited to repeat drunk driving offenders and offenders with higher blood or breath alcohol concentrations at the time of the offense.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.20 RCW to read as follows:
     (1) A city that operates a court under this chapter may establish and operate one or more drunk driving courts.
     (2) For the purposes of this section, "drunk driving court" means a court that has special calendars or dockets designed to achieve a reduction in recidivism and substance abuse among drunk driving offenders by increasing their likelihood for successful rehabilitation through early, continuous, and intense judicially supervised treatment; mandatory periodic alcohol or drug testing; and the use of appropriate sanctions and other rehabilitation services.
     (3)(a) Any jurisdiction that seeks a state appropriation to fund a drunk driving court program must first:
     (i) Exhaust all federal funding received for the support of the operations of its drunk driving court and associated services; and
     (ii) Match, on a dollar-for-dollar basis, state money allocated for drunk driving court programs with local cash or in-kind resources. Moneys allocated by the state must be used to supplement, not supplant, other federal, state, and local funds for drunk driving court operations and associated services.
     (b) Any jurisdiction that establishes a drunk driving court pursuant to this section shall establish minimum requirements for the participation of offenders in the program. The drunk driving court may adopt local requirements that are more stringent than the minimum. The minimum requirements are:
     (i) The drunk driving court is available for offenders charged with or being given deferred prosecutions for a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, or a violation of RCW 46.61.5249 or an equivalent local ordinance if the charge was originally filed as a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance; and
     (ii) The drunk driving court is available for offenders who would benefit from substance abuse treatment, including but not limited to repeat drunk driving offenders and offenders with higher blood or breath alcohol concentrations at the time of the offense.