Gambling diversion court

AN ACT Relating to the creation of a gambling treatment diversion 1
court pilot program to be conducted by the administrative office of 2
the courts; and adding a new section to chapter 2.30 RCW.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 2.30 RCW 5
to read as follows: 6
(1) The administrative office of the courts shall conduct a 7
gambling treatment diversion court pilot program which has as a 8
purpose the treatment of persons determined to be affected by an 9
addictive disorder related to gambling and who committed a crime for 10
which they have pled guilty or been convicted in furtherance or as a 11
result of the gambling. The pilot program shall be established in a 12
superior court selected by the office and must begin accepting 13
program participants by July 1, 2027. 14
(2) The treatment program shall: 15
(a) Include the terms and conditions for successful completion of 16
the program; 17
(b) Require that the person assigned to the program agree to pay 18
restitution in a manner and within a period of time determined by the 19
court for the person to be eligible to participate in the program;20
H-0587.1
HOUSE BILL 1362
State of Washington 69th Legislature 2025 Regular Session
By Representatives Stearns, Mena, Entenman, Parshley, Eslick, Obras,
Ryu, Simmons, Timmons, Scott, Waters, Ortiz-Self, Davis, Peterson,
Hill, and Ormsby
Read first time 01/17/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1362
(c) Provide for progress reports at intervals set by the court to 1
ensure that the person is making satisfactory progress toward 2
completion of the program; 3
(d) Be administered by a qualified mental health or substance use 4
disorder professional and include: 5
(i) Information and encouragement for the participant to cease 6
problem gambling through educational, counseling, and support 7
sessions; 8
(ii) The opportunity for the participant to understand the 9
medical, psychological, social, and financial implications of problem 10
gambling; and 11
(iii) Appropriate referral to community, health, substance abuse, 12
religious, and social service agencies for additional resources and 13
related services, as needed. 14
(3)(a) If the court has reason to believe that a person who has 15
pled guilty to or has been convicted of a crime is afflicted with 16
problem gambling or disordered gambling and the person committed the 17
crime in furtherance of or because of problem gambling or disordered 18
gambling, the court shall hold a hearing before it sentences the 19
person to determine whether or not the person committed the crime in 20
furtherance or as a result of problem gambling or disordered gambling 21
and whether or not the person should receive treatment under the 22
supervision of a qualified mental health or substance use disorder 23
professional. The prosecutor may present the court with any evidence 24
concerning whether the person committed the crime in furtherance or 25
as a result of problem gambling or disordered gambling and the 26
advisability of permitting the person to enter the program.27
(b) At the hearing, the court shall advise the person that 28
sentencing will be postponed if the person submits to treatment and 29
is accepted into a program for the treatment of problem gambling or 30
disordered gambling. The court shall advise the person that:31
(i) The court may impose any conditions upon the treatment that 32
could be imposed as conditions of probation; and 33
(ii) If the person is accepted in the program, the person may be 34
placed under the supervision or care of a qualified mental health or 35
substance use disorder professional for a period of at least one year 36
or until the court, upon recommendation of the treatment provider, 37
determines that the person has successfully completed the treatment 38
program. Except as provided for in this section, no person shall 39
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remain under supervision pursuant to this section for a period in 1
excess of three years. 2
(4)(a) If the court, after a hearing, determines that a person is 3
eligible to accept the problem gambling treatment offered, the court 4
shall order a qualified mental health or substance use disorder 5
professional to conduct an examination of the person to determine 6
whether the person is afflicted with problem gambling or disordered 7
gambling, committed the crime in furtherance or as a result of 8
problem gambling or disordered gambling, and is likely to be 9
rehabilitated through treatment. The qualified mental health or 10
substance use disorder professional shall report to the court the 11
results of the examination and recommend whether the person should be 12
placed under supervision for treatment. 13
(b) If the court, acting on the report of the qualified mental 14
health or substance use disorder professional or other relevant 15
information determines that the person is not afflicted with problem 16
gambling or disordered gambling, did not commit the crime in 17
furtherance or as a result of problem gambling or disordered 18
gambling, is not likely to be rehabilitated through treatment, or is 19
otherwise not a good candidate for treatment, the person may be 20
sentenced. 21
(c) If the court determines that the person is afflicted with 22
problem gambling or disordered gambling, committed the crime in 23
furtherance or as a result of problem gambling or disordered 24
gambling, is likely to be rehabilitated through treatment, and is a 25
good candidate for treatment, the court may: 26
(i) Impose any conditions that may be imposed as conditions of 27
probation; 28
(ii) Defer sentencing until such time, if any, as sentencing is 29
authorized; and 30
(iii) Place the person under the supervision or care of a 31
qualified mental health or substance use disorder professional for 32
not less than one year and not more than three years. The court may 33
require such progress reports on the treatment of the person as it 34
deems necessary. The probation department or other appropriate agency 35
designated by the court to monitor or supervise the person shall 36
report periodically to the court as to the person's progress in 37
treatment and compliance with court-imposed terms and conditions. The 38
treatment provider shall promptly report to the department of 39
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corrections or other appropriate agency all significant failures by 1
the person to comply with any court-imposed term or condition.2
(d) A person who is placed under the supervision or care of a 3
qualified mental health or substance use disorder professional shall 4
pay the cost of the program of treatment to which the person is 5
assigned and the cost of any additional supervision that may be 6
required, to the extent of the financial resources of the person. The 7
judgment constitutes a lien in like manner as a judgment for money 8
rendered in a civil action. If the person who is placed under the 9
supervision of a qualified mental health or substance use disorder 10
professional does not have the financial resources to pay all of the 11
related costs: 12
(i) The court shall, to the extent practicable, arrange for the 13
person to be assigned to a program that receives a sufficient amount 14
of federal or state funding to offset the remainder of the costs; and15
(ii) The court may order the person to perform supervised 16
community service in lieu of paying the remainder of the costs 17
relating to the person's treatment and supervision.18
(5) A person who is afflicted with problem gambling or disordered 19
gambling and who has pled guilty to or been convicted of a crime and 20
who committed the crime in furtherance or as a result of problem 21
gambling or a gambling disorder is eligible to be assigned by the 22
court to a program for the treatment of problem gambling or 23
disordered gambling before the person is sentenced unless:24
(a) The crime is: 25
(i) A crime against persons established in Title 7, 9, 9A, 10, 26
26, 28A, 46, or 74 RCW; 27
(ii) A crime against a child listed in RCW 28A.400.322; or28
(iii) An act which constitutes domestic violence as defined in 29
RCW 10.99.020; 30
(b) The person has a record of two or more convictions of a crime 31
described in (a) of this subsection or a similar crime in violation 32
of the laws of another state or other criminal proceedings that 33
allege the commission of a violent offense are pending against the 34
person; 35
(c) The person is on probation or parole, unless the appropriate 36
probation or parole authority consents or the court finds that the 37
person is eligible after considering any objections made by the 38
appropriate probation or parole authority; or 39
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(d) The person has previously been assigned by a court to a 1
program for the treatment of problem gambling or disordered gambling.2
(6)(a) Whenever a person is placed under the supervision or care 3
of a qualified mental health or substance use disorder professional, 4
the person's sentencing must be deferred and the person's conviction 5
must be set aside if the professional certifies to the court that the 6
person has satisfactorily completed the program of treatment and the 7
court approves the certification and determines that the conditions 8
imposed for treatment have been satisfied. 9
(b) If the qualified mental health or substance use disorder 10
professional has not certified that the person has completed the 11
program of treatment prior to the expiration of the treatment period, 12
the court shall sentence the person. If the person has satisfied the 13
conditions imposed for treatment and the court believes that the 14
person will complete the treatment voluntarily, the court may 15
discharge the conviction. If, prior to the expiration of the 16
treatment period, the qualified mental health or substance use 17
disorder professional determines that the person will benefit from 18
further treatment, the professional may request that the court extend 19
the treatment period beyond three years. 20
(c) During the treatment period, if the qualified mental health 21
or substance use disorder professional determines that the person is 22
not likely to benefit from further treatment, the professional shall 23
so advise the court. The court shall either: 24
(i) Arrange for the transfer to a more suitable program; or25
(ii) Terminate the supervision and conduct a hearing to determine 26
whether the person should be sentenced. 27
(7) If the person satisfactorily completes the treatment program, 28
as determined by the court, the conviction may be discharged under 29
RCW 9.94A.637. If the person does not satisfactorily complete 30
treatment and satisfy the conditions, the court may impose a sentence 31
that could have been imposed, or that would have been required to be 32
imposed, originally for the offense for which the person pled guilty 33
or was convicted. If the person's conviction is discharged, the 34
person may apply to the court for a vacation of the offender's record 35
of conviction under RCW 9.94A.640. 36
(8) As used in this section: 37
(a) "Qualified mental health professional" means any mental 38
health professional or mental health service agency as defined in RCW 39
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70.02.010 that is licensed or certified by the department of health 1
to provide problem gambling services. 2
(b) "Substance use disorder professional" has the same meaning as 3
in RCW 70.97.010. 4
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