SENATE BILL REPORT
SB 5569
As of February 16, 2025
Title: An act relating to recognizing a court's authority to authorize a defendant's direct transfer from jail to inpatient or residential substance use disorder treatment.
Brief Description: Recognizing a court's authority to authorize a defendant's direct transfer from jail to inpatient or residential substance use disorder treatment.
Sponsors: Senators Gildon, Christian and Hasegawa.
Brief History:
Committee Activity: Law & Justice: 2/17/25.
Brief Summary of Bill
  • Allows a defendant to make a motion for pretrial release and a stay of proceedings to receive inpatient or residential substance use disorder treatment at a treatment facility if certain conditions are met.
  • Establishes procedures related to a defendant's release to and discharge from such treatment facility.
SENATE COMMITTEE ON LAW & JUSTICE
Staff: Ryan Giannini (786-7285)
Background:

Pretrial release is the release of the accused from detention pending trial. The Washington State Constitution guarantees the right to bail for people charged with noncapital crimes, and this right has been interpreted as the right to a judicial determination of either release or reasonable bail. For capital offenses where the proof of the accused's guilt is evident or the presumption of the accused's guilt is great, there is no right to bail. For offenses punishable by the possibility of life imprisonment, bail may be denied upon a showing of clear and convincing evidence of the accused's propensity for violence that creates a substantial likelihood of danger to the community or any persons.

 

Upon the appearance before a judge of a person charged with an offense, the judge must issue an order releasing the person on personal recognizance, releasing the person on conditions, or detaining the person as allowed by law.

 

If the judge issues an order releasing the person on conditions, appropriate conditions include, among others, placement in a Pretrial Release Program, restrictions on travel and association, a curfew, electronic monitoring, and prohibitions on the consumption of drugs and alcohol. A release order must include a written statement of the conditions of release, as well as the penalties and consequences for violation of the conditions.
Summary of Bill:

The bill as referred to committee not considered.
Summary of Bill (Proposed Substitute):

A judge who issues an order releasing the defendant on conditions which includes payment of bail may indicate on the order that the court will allow the defendant to bring a motion for pretrial release on personal recognizance and to stay a proceeding for purpose of inpatient or residential treatment if:

  • the defendant has an offer of admission to a facility which provides inpatient or residential substance use disorder treatment or inpatient or residential co-occurring mental health and substance use disorder treatment (treatment facility); and
  • a family member, member of the defense team, health care worker, social worker, peer support specialist, case manager, employee of a treatment facility or other supportive individual (trusted individual) escorts the defendant directly from jail to the treatment facility.

 

A defendant with such an order may bring a motion for pretrial release on personal recognizance and to stay the proceeding for purpose of inpatient or residential treatment if the aforementioned conditions and any additional conditions established by the court are satisfied.

 

The defendant must affirm the defendant's agreement to participate in the treatment program, authorization to release information, and waiver of the right to a speedy trial until the stay for treatment is lifted. If the court is satisfied, the court shall immediately stay the criminal proceedings and order the defendant's release from jail to a trusted individual for escort to the treatment facility. The treatment facility must notify the court when the defendant is admitted to and discharged from the facility.

 

Upon a defendant's discharge from a treatment facility, the prosecutor may make a motion for the court to lift the stay on the proceeding and summon the defendant to court for further proceedings. If the notice from the treatment facility indicates the defendant has transitioned successfully to the next level of care, the prosecutor is encouraged to consider diversion or dismissal of the charge.
Appropriation: None.
Fiscal Note: Requested on February 12, 2025.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.