| Momentum Bucket | Early Stage |
| Legal 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; |
| Bill Description | Recognizing a court's authority to authorize a defendant's direct transfer from jail to inpatient or residential substance use disorder treatment. |
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What this bill does
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This bill adds a new section to chapter 10.21 RCW creating a procedural option for pretrial defendants to seek modification of bail to a personal recognizance release with nonmonetary conditions and a stay of criminal proceedings for direct transfer from jail to inpatient or residential substance use disorder treatment, including co‑occurring mental health and substance use disorder treatment. The court may grant such an order on its own motion or on motion of any party if it finds indications the defendant would benefit from, and can be safely released to, treatment; the court is not limited to defendants charged under chapter 69.50 RCW.
The defendant may move at any time and must affirm participation, authorize release of information, and waive the right to a speedy trial until the stay is lifted. If the court is satisfied, it must immediately stay proceedings, order release to a specified "trusted individual" at a specified time, and that order supersedes other holds or warrants from other jurisdictions. Jails must release the defendant only to the trusted individual at the time indicated. The admitting facility must notify the court upon admission and upon discharge using court‑supplied forms, and discharge notices must state whether the defendant transitioned successfully to the next level of care; upon discharge a prosecutor may move to lift the stay and summon the defendant, and is encouraged to consider diversion or dismissal if there was a successful transition. A stay under this section is excluded from time‑for‑trial calculations and lifting the stay creates a new commencement date for time‑for‑trial purposes. The Administrative Office of the Courts must create or update forms as needed.
The bill defines "trusted individual" broadly (examples include family, defense team members, health and social service workers, peer support specialists, case managers, and facility employees) and imposes immediate notification duties to the recovery navigator program when an order is entered. It is a new statutory procedural change affecting courts, defense counsel, prosecutors, jails, treatment facilities, the recovery navigator program, and the Administrative Office of the Courts. The text provided does not include the full text of the referenced statutes (RCW 10.21.020, 10.21.030, and 71.24.115), does not specify the content or format of the court forms, does not define what constitutes an "offer of admission" from a facility, and does not set out the standards the court will use to determine that a defendant "can be safely released" or how superseding other jurisdictions' holds will operate in practice.
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Why it matters
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If enacted, this creates a new, formal route for people in jail to be released directly to inpatient or residential substance use (and co-occurring mental health) treatment while their criminal case is paused, provided the person agrees to participate, allows required information to be shared, and waives speedy trial rights. The change most affects courts (new motions, new forms, and managing trial‑clock pauses), defense attorneys (a new option to seek treatment releases), prosecutors (who can move to resume cases or consider diversion/dismissal if treatment succeeds), jail staff (required to release people only to a named trusted individual at the court‑specified time), treatment programs (must admit transfers and notify the court on admission and discharge), the recovery navigator program (must be notified immediately), and the individuals or supports named as “trusted individuals.”
The measure will increase coordination and administrative work across those agencies and may lead to more cases being diverted or dropped when a person successfully transitions from treatment, but key implementation details are missing from the text provided—such as what counts as an “offer of admission,” the standards courts will use to decide someone can be released safely, the exact form contents the Administrative Office of the Courts must produce, and how the court order will practically supersede out‑of‑jurisdiction holds—so the day‑to‑day impacts and potential costs are uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/29/2025 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $1,082,999.25 |
| COURTS |
| Hearing | Senate Law & Justice (Public) |