Wash. Rev. Code § 10.05.150

Current through 2024

Section 10.05.150 - [Effective 1/1/2026] Deferred prosecution for substance use disorder or mental health co-occurring disorder-Requirements

(1) A deferred prosecution for either substance use disorder or mental health co-occurring disorder shall be for a two-year period and shall include, but not be limited to, the following requirements:

(a) Total abstinence from alcohol and all other nonprescribed mind-altering drugs;

(b) All treatment within the purview of this section shall occur within or be approved by a state-approved behavioral health agency as described in chapter 71.24 RCW;

(c) Signature of the petitioner agreeing to the terms and conditions of the treatment program;

(d) Periodic, random urinalysis or breath analysis;

(e) If the petitioner fails to remain abstinent, a full substance use disorder reassessment and recommended treatment;

(f) No less than weekly approved outpatient counseling, whether group or individual, for a minimum of six months following the intensive phase of treatment;

(g) No less than monthly outpatient contact, whether group or individual, for the remainder of the two-year deferred prosecution period; and

(h) The decision to include the use of prescribed drugs, including disulfiram, as a condition of treatment shall be reserved to the treating facility and the petitioner's physician.

(2) A deferred prosecution for substance use disorder shall include the following requirements:

(a) Completion of an intensive outpatient treatment program or residential inpatient treatment program, depending on the severity of the diagnosis; and

(b) Participation in a minimum of two meetings per week of a substance use disorder self-help recovery support group, as determined by the assessing agency, for the duration of the treatment program.

(3) A deferred prosecution for mental health co-occurring disorder shall include the following requirements:

(a) Completion of the requirements described in subsection (2) of this section, or completion of an outpatient program as determined by the petitioner's diagnostic evaluation; and

(b) Completion of individual or group mental health services.

RCW 10.05.150

Amended by 2024 c 306,§ 22, eff. 1/1/2026.

Amended by 2016SP1 c 29,§ 527, eff. 4/1/2016.

1999 c 143 § 43; 1985 c 352 § 17.

Effective date- 2024 c 306 : See note following RCW 9.94A.661.

Effective dates-2016 sp.s. c 29: See note following RCW 71.05.760.

Short title-Right of action-2016 sp.s. c 29: See notes following RCW 71.05.010.

Legislative finding-Severability-1985 c 352: See notes following RCW 10.05.010.

This section is set out more than once due to postponed, multiple, or conflicting amendments.