BILL REQ. #:  H-0663.1 

Read first time 01/17/2007.   Referred to Committee on Judiciary.

     AN ACT Relating to standardized chemical dependency assessment protocols; and adding new sections 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 70.96A RCW to read as follows:
     (1) This section applies to alcohol and drug assessments conducted on persons convicted of a violation of RCW 46.61.502 or 46.61.504 as well as 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 and section 2 of this act.
     (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) A release of information shall be obtained from the client for the court of jurisdiction or judicial information system to receive a summation of the client's defendant case history if the initial finding is other than substance dependence. If collateral information is not obtained, circumstances preventing such efforts shall be included 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 urinalysis shall be obtained if the initial finding is other than substance dependence. 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. 2   A new section is added to chapter 70.96A RCW to read as follows:
     Assessments conducted under section 1 of this act shall use a chemical dependency assessment summary for all assessments and treatment recommendations. The summary shall include:
Client Name:
Date of Birth:
Address:
Phone Number:
Court:
Diagnostic Assessment:
Treatment Recommendations - Level and Duration:
Factors Considered in Recommendations:
BAC Level or Refusal Analysis:
Any Alcohol-related Arrests or Reduced Charges:
UA obtained at time of assessment: . . . . . . Yes . . . . . . No
Results:
Prior Evaluation: . . . . . Yes . . . . . . No
A/DIS: . . . . . Yes . . . . . . No
Deferred Prosecution: . . . . . Yes . . . . . . No
Treatment: . . . . . . Yes . . . . . . No
If prior treatment, explain:
Client Authorized Disclosure to: . . . . . . Attorney . . . . . . Court . . . . . . Law Enforcement . . . . . . Treatment Agency . . . . . . Child Protective Services . . . . . . Physician . . . . . . Family
NOTE: This assessment and treatment recommendations are voided if the client fails to fully disclose prior criminal history, treatment, assessment, or other relevant information. Recommendations for continuing care will be made periodically to the court and the client based on an ongoing assessment of need.
Date:
Treatment Counselor Signature and Credentials
*Full evaluation and any other necessary documentation are attached.