BILL REQ. #:  H-2313.1 

READ FIRST TIME 02/22/07.   

     AN ACT Relating to standardized chemical dependency assessment protocols; adding a new section to chapter 46.61 RCW; and adding a new section to chapter 70.96A RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.61 RCW to read as follows:
     A person who has been charged with a violation of RCW 46.61.502 or 46.61.504 is required to undergo an alcohol and drug assessment prepared by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. The assessment shall be performed in accordance with section 2 of this act.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.96A RCW to read as follows:
     (1) This section applies to alcohol and drug assessments conducted on persons charged with a violation of RCW 46.61.502 or 46.61.504, including persons charged with a violation of those provisions who are petitioning for a deferred prosecution under RCW 10.05.020. All such alcohol and drug assessments shall be performed in accordance with this section. If the person is convicted or petitions for a deferred prosecution, the assessment obtained under this section may, at the court's discretion, be used to satisfy the requirements for evaluations and assessments under RCW 46.61.5056 and 10.05.020.
     (2) Every assessment shall be conducted by a chemical dependency professional certified by the department of health under chapter 18.205 RCW, by a chemical dependency professional trainee who is directly supervised by a supervisor approved under department of health rules, or by a probation assessment officer qualified under department of social and health services rules pursuant to RCW 46.61.516.
     (3) An evaluation shall be made 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. 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.
     (4) Within five days of a request by the certified chemical dependency professional or trainee conducting an assessment, the court shall provide the professional or trainee with a copy of the client's defendant case history. If the court does not provide the history, the certified chemical dependency professional or trainee shall obtain a release of information from the client to receive a summation of the client's defendant case history using the judicial information system. If the client's defendant case history is not obtained, the circumstances that prevented obtaining the history shall be described in the assessment.
     (5) A copy of the police report shall be obtained in cases where the blood or breath alcohol concentration test was refused. If the police report was not reviewed in cases of refusal, circumstances preventing such efforts shall be included in the assessment.
     (6) A drug screen shall be obtained in accordance with rules adopted by the department. Results are to be assessed and included in the written assessment and recommendations. If a request for drug screen is refused, circumstances surrounding the refusal shall be described in the assessment.
     (7) The department shall adopt rules to implement this section.