CERTIFICATION OF ENROLLMENT
ENGROSSED SENATE BILL 5476
Chapter 311, Laws of 2021
(partial veto)
67th Legislature
2021 Regular Session
DRUG POSSESSION—STATE V. BLAKE DECISION
EFFECTIVE DATE: July 25, 2021—Except for sections 1 through 11 and
13 through 21, which take effect May 13, 2021; and section 12, which
takes effect July 1, 2022.
Passed by the Senate April 24, 2021 CERTIFICATE
Yeas 26 Nays 23
I, Brad Hendrickson, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is ENGROSSED SENATE
BILL 5476 as passed by the Senate
and the House of Representatives on
the dates hereon set forth.
Passed by the House April 24, 2021
Yeas 80 Nays 18
BRAD HENDRICKSON
LAURIE JINKINS Secretary
Speaker of the House of
Representatives
Approved May 13, 2021 11:58 AM with FILED
the exception of section 21, which is
vetoed. May 13, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SENATE BILL 5476
AS AMENDED BY THE HOUSE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By Senators Dhingra, Hasegawa, Hunt, Kuderer, Lovelett, Nguyen,
Pedersen, Rivers, Robinson, Saldaña, and Wellman
Read first time 03/24/21. Referred to Committee on Ways & Means.
1 AN ACT Relating to responding to the State v. Blake decision by
2 addressing justice system responses and behavioral health prevention,
3 treatment, and related services for individuals using or possessing
4 controlled substances, counterfeit substances, and legend drugs;
5 amending RCW 69.50.4011, 69.50.4013, 69.50.4014, 69.41.030,
6 69.41.030, 69.50.412, 9.94A.518, 13.40.0357, 2.24.010, 2.24.040,
7 9.94A.728, and 10.64.110; reenacting and amending RCW 10.31.110;
8 adding new sections to chapter 71.24 RCW; adding a new section to
9 chapter 43.101 RCW; adding a new section to chapter 10.31 RCW;
10 creating a new section; prescribing penalties; making appropriations;
11 providing an effective date; providing expiration dates; and
12 declaring an emergency.
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
14 NEW SECTION. Sec. 1. A new section is added to chapter 71.24
15 RCW to read as follows:
16 (1) The authority, in collaboration with the substance use
17 recovery services advisory committee established in subsection (2) of
18 this section, shall establish a substance use recovery services plan.
19 The purpose of the plan is to implement measures to assist persons
20 with substance use disorder in accessing outreach, treatment, and
21 recovery support services that are low barrier, person centered,
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 1 informed by people with lived experience, and culturally and
2 linguistically appropriate. The plan must articulate the manner in
3 which continual, rapid, and widespread access to a comprehensive
4 continuum of care will be provided to all persons with substance use
5 disorder.
6 (2)(a) The authority shall establish the substance use recovery
7 services advisory committee to collaborate with the authority in the
8 development and implementation of the substance use recovery services
9 plan under this section. The authority must appoint members to the
10 advisory committee who have relevant background related to the needs
11 of persons with substance use disorder. The advisory committee shall
12 be reflective of the community of individuals living with substance
13 use disorder, including persons who are Black, indigenous, and
14 persons of color, persons with co-occurring substance use disorders
15 and mental health conditions, as well as persons who represent the
16 unique needs of rural communities. The advisory committee shall be
17 convened and chaired by the director of the authority, or the
18 director's designee. In addition to the member from the authority,
19 the advisory committee shall include:
20 (i) One member and one alternate from each of the two largest
21 caucuses of the house of representatives, as appointed by the speaker
22 of the house of representatives;
23 (ii) One member and one alternate from each of the two largest
24 caucuses of the senate, as appointed by the president of the senate;
25 (iii) One representative of the governor's office;
26 (iv) At least one adult in recovery from substance use disorder
27 who has experienced criminal legal consequences as a result of
28 substance use;
29 (v) At least one youth in recovery from substance use disorder
30 who has experienced criminal legal consequences as a result of
31 substance use;
32 (vi) One expert from the addictions, drug, and alcohol institute
33 at the University of Washington;
34 (vii) One outreach services provider;
35 (viii) One substance use disorder treatment provider;
36 (ix) One peer recovery services provider;
37 (x) One recovery housing provider;
38 (xi) One expert in serving persons with co-occurring substance
39 use disorders and mental health conditions;
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 1 (xii) One expert in antiracism and equity in health care delivery
2 systems;
3 (xiii) One employee who provides substance use disorder treatment
4 or services as a member of a labor union representing workers in the
5 behavioral health field;
6 (xiv) One representative of the association of Washington health
7 plans;
8 (xv) One expert in diversion from the criminal legal system to
9 community-based care for persons with substance use disorder;
10 (xvi) One representative of public defenders;
11 (xvii) One representative of prosecutors;
12 (xviii) One representative of sheriffs and police chiefs;
13 (xix) One representative of a federally recognized tribe; and
14 (xx) One representative of local governments.
15 (b) The advisory committee may create subcommittees with expanded
16 participation.
17 (c) In its collaboration with the advisory committee to develop
18 the substance use recovery services plan, the authority must give due
19 consideration to the recommendations of the advisory committee. If
20 the authority determines that any of the advisory committee's
21 recommendations are not feasible to adopt and implement, the
22 authority must notify the advisory committee and offer an
23 explanation.
24 (d) The advisory committee must convene as necessary for the
25 development of the substance use recovery services plan and to
26 provide consultation and advice related to the development and
27 adoption of rules to implement the plan. The advisory committee must
28 convene to monitor implementation of the plan and advise the
29 authority.
30 (3) The plan must consider:
31 (a) The points of intersection that persons with substance use
32 disorder have with the health care, behavioral health, criminal,
33 civil legal, and child welfare systems as well as the various
34 locations in which persons with untreated substance use disorder
35 congregate, including homeless encampments, motels, and casinos;
36 (b) New community-based care access points, including crisis
37 stabilization services and the safe station model in partnership with
38 fire departments;
39 (c) Current regional capacity for substance use disorder
40 assessments, including capacity for persons with co-occurring
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 1 substance use disorders and mental health conditions, each of the
2 American society of addiction medicine levels of care, and recovery
3 support services;
4 (d) Barriers to accessing the existing behavioral health system
5 and recovery support services for persons with untreated substance
6 use disorder, especially indigent youth and adult populations,
7 persons with co-occurring substance use disorders and mental health
8 conditions, and populations chronically exposed to criminal legal
9 system responses, and possible innovations that could improve the
10 quality and accessibility of care for those populations;
11 (e) Evidence-based, research-based, and promising treatment and
12 recovery services appropriate for target populations, including
13 persons with co-occurring substance use disorders and mental health
14 conditions;
15 (f) Options for leveraging existing integrated managed care,
16 medicaid waiver, American Indian or Alaska Native fee-for-service
17 behavioral health benefits, and private insurance service capacity
18 for substance use disorders, including but not limited to
19 coordination with managed care organizations, behavioral health
20 administrative services organizations, the Washington health benefit
21 exchange, accountable communities of health, and the office of the
22 insurance commissioner;
23 (g) Framework and design assistance for jurisdictions to assist
24 in compliance with the requirements of RCW 10.31.110 for diversion of
25 individuals with complex or co-occurring behavioral health conditions
26 to community-based care whenever possible and appropriate, and
27 identifying resource gaps that impede jurisdictions in fully
28 realizing the potential impact of this approach;
29 (h) The design of recovery navigator programs in section 2 of
30 this act, including reporting requirements by behavioral health
31 administrative services organizations to monitor the effectiveness of
32 the programs and recommendations for program improvement;
33 (i) The proposal of a funding framework in which, over time,
34 resources are shifted from punishment sectors to community-based care
35 interventions such that community-based care becomes the primary
36 strategy for addressing and resolving public order issues related to
37 behavioral health conditions;
38 (j) Strategic grant making to community organizations to promote
39 public understanding and eradicate stigma and prejudice against
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 1 persons with substance use disorder by promoting hope, empathy, and
2 recovery;
3 (k) Recommendations for diversion to community-based care for
4 individuals with substance use disorders, including persons with co-
5 occurring substance use disorders and mental health conditions,
6 across all points of the sequential intercept model;
7 (l) Recommendations regarding the appropriate criminal legal
8 system response, if any, to possession of controlled substances;
9 (m) Recommendations regarding the collection and reporting of
10 data that identifies the number of persons law enforcement officers
11 and prosecutors engage related to drug possession and disparities
12 across geographic areas, race, ethnicity, gender, age, sexual
13 orientation, and income. The recommendations shall include, but not
14 be limited to, the number and rate of persons who are diverted from
15 charges to recovery navigator services or other services, who receive
16 services and what type of services, who are charged with simple
17 possession, and who are taken into custody; and
18 (n) The design of a mechanism for referring persons with
19 substance use disorder or problematic behaviors resulting from
20 substance use into the supportive services described in section 2 of
21 this act.
22 (4) The plan and related rules adopted by the authority must give
23 due consideration to persons with co-occurring substance use
24 disorders and mental health conditions and the needs of youth. The
25 plan must include the substance use outreach, treatment, and recovery
26 services outlined in sections 2 through 4 of this act which must be
27 available in or accessible by all jurisdictions. These services must
28 be equitably distributed across urban and rural settings. If feasible
29 and appropriate, service initiation shall be made available on demand
30 through 24-hour, seven days a week peer recovery coach response,
31 behavioral health walk-in centers, or other innovative rapid response
32 models. These services must, at a minimum, incorporate the following
33 principles: Establish low barriers to entry and reentry; improve the
34 health and safety of the individual; reduce the harm of substance use
35 and related activity for the public; include integrated and
36 coordinated services; incorporate structural competency and
37 antiracism; use noncoercive methods of engaging and retaining people
38 in treatment and recovery services, including contingency management;
39 consider the unique needs of rural communities; and have a focus on
40 services that increase social determinants of health.
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 1 (5) In developing the plan, the authority shall:
2 (a) Align the components of the plan with previous and ongoing
3 studies, plans, and reports, including the Washington state opioid
4 overdose and response plan, published by the authority, the roadmap
5 to recovery planning grant strategy being developed by the authority,
6 and plans associated with federal block grants; and
7 (b) Coordinate its work with the efforts of the blue ribbon
8 commission on the intersection of the criminal justice and behavioral
9 health crisis systems and the crisis response improvement strategy
10 committee established in chapter . . ., Laws of 2021 (Engrossed
11 Second Substitute House Bill No. 1477).
12 (6) The authority must submit a preliminary report by December 1,
13 2021, regarding progress toward the substance use recovery services
14 plan. The authority must submit the final substance use recovery
15 services plan to the governor and the legislature by December 1,
16 2022. After submitting the plan, the authority shall adopt rules and
17 enter into contracts with providers to implement the plan by December
18 1, 2023. In addition to seeking public comment under chapter 34.05
19 RCW, the authority must adopt rules in accordance with the
20 recommendations of the substance use recovery services advisory
21 committee as provided in subsection (2) of this section.
22 (7) In consultation with the substance use recovery services
23 advisory committee, the authority must submit a report on the
24 implementation of the substance use recovery services plan to the
25 appropriate committees of the legislature and governor by December
26 1st of each year, beginning in 2023. This report shall include
27 progress on the substance use disorder continuum of care, including
28 availability of outreach, treatment, and recovery support services
29 statewide.
30 (8) For the purposes of this section, "recovery support services"
31 means a collection of resources that sustain long-term recovery from
32 substance use disorder, including for persons with co-occurring
33 substance use disorders and mental health conditions, recovery
34 housing, permanent supportive housing, employment and education
35 pathways, peer supports and recovery coaching, family education,
36 technological recovery supports, transportation and child care
37 assistance, and social connectedness.
38 (9) This section expires December 31, 2026.
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 1 NEW SECTION. Sec. 2. A new section is added to chapter 71.24
2 RCW to read as follows:
3 (1) Each behavioral health administrative services organization
4 shall establish a recovery navigator program. The program shall
5 provide community-based outreach, intake, assessment, and connection
6 to services and, as appropriate, long-term intensive case management
7 and recovery coaching services, to youth and adults with substance
8 use disorder, including for persons with co-occurring substance use
9 disorders and mental health conditions, who are referred to the
10 program from diverse sources and shall facilitate and coordinate
11 connections to a broad range of community resources for youth and
12 adults with substance use disorder, including treatment and recovery
13 support services.
14 (2) The authority shall establish uniform program standards for
15 behavioral health administrative services organizations to follow in
16 the design of their recovery navigator programs. The uniform program
17 standards must be modeled upon the components of the law enforcement
18 assisted diversion program and address project management, field
19 engagement, biopsychosocial assessment, intensive case management and
20 care coordination, stabilization housing when available and
21 appropriate, and, as necessary, legal system coordination. The
22 authority must adopt the uniform program standards from the
23 components of the law enforcement assisted diversion program to
24 accommodate an expanded