S-0252.2

SENATE BILL 5290

BySenators Salomon, Dhingra, Nobles, Saldaña, Trudeau, and Valdez

AN ACT Relating to allowing persons who complete substance abuse programs to seek dismissal of certain controlled substance related charges; and adding a new section to chapter 69.50 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 69.50 RCW to read as follows:

(1) In courts of limited jurisdiction, a person charged with violating RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) may seek dismissal of such charges by either undergoing a certified substance use disorder or certified co-occurring mental health and substance use disorder assessment and enrolling in and successfully completing a court-approved treatment program.

(a) The assessment must consider the person's criminal history and substance use history and must show the person has a substance use disorder which requires treatment.

(b) The treatment program must be approved by the court in the jurisdiction in which the individual is charged.

(2) If the individual files the assessment report, proof of successful completion of the recommended treatment program, and a copy of the underlying police report at or before the readiness hearing, the court shall dismiss the charge or charges. Such filings shall be filed under seal. If the individual is also charged with other offenses filed under the same cause number and arising from the same course of conduct as the charge or charges of possession, the court may dismiss those other charges unless the prosecutor objects.

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