DOC behavioral health cert.

AN ACT Relating to department of corrections behavioral health 1
certification; amending RCW 9.94A.662; and creating a new section.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. The legislature finds that in 2020, the 4
governor signed Second Substitute Senate Bill No. 6211 into law, 5
which made various changes to the drug offender sentencing 6
alternative statutes. As part of that legislation, revisions were 7
made to RCW 9.94A.662 to state that treatment services provided in 8
prisons be licensed by the department of health.9
The legislature finds that prior to this time, the department of 10
social and health services conducted oversight of the department of 11
corrections behavioral health certification services, and that the 12
department of health has interpreted Second Substitute Senate Bill 13
No. 6211 to require licensure to standards above and beyond those 14
previously required. The legislature finds that accomplishing this 15
would require significant new resources. 16
The legislature further finds that national standards could be 17
implemented in lieu of the department of health licensing for 18
significant fiscal savings without compromising the quality of 19
services provided. The legislature therefore resolves to direct the 20
S-0694.1
SENATE BILL 5388
State of Washington 69th Legislature 2025 Regular Session
By Senators Dhingra, Nobles, Saldaña, Trudeau, and C. Wilson
Read first time 01/21/25. Referred to Committee on Human Services.
p. 1 SB 5388
department of corrections to adopt certification standards from the 1
national commission on correctional health care. 2
Sec. 2. RCW 9.94A.662 and 2021 c 215 s 103 are each amended to 3
read as follows: 4
(1) The court may only order a prison-based special drug offender 5
sentencing alternative if the high end of the standard sentence range 6
for the current offense is greater than one year. 7
(2) A sentence for a prison-based special drug offender 8
sentencing alternative shall include: 9
(a) A period of total confinement in a state facility for one-10
half the midpoint of the standard sentence range or ((twelve)) 12 11
months, whichever is greater; 12
(b) One-half the midpoint of the standard sentence range as a 13
term of community custody, which must include appropriate substance 14
use disorder treatment in a program that has been approved by the 15
department of health, and for co-occurring drug and domestic violence 16
cases, must also include an appropriate domestic violence treatment 17
program by a state-certified domestic violence treatment provider 18
pursuant to RCW 43.20A.735; 19
(c) Crime-related prohibitions, including a condition not to use 20
illegal controlled substances; 21
(d) A requirement to submit to urinalysis or other testing to 22
monitor that status; and 23
(e) A term of community custody pursuant to RCW 9.94A.701 to be 24
imposed upon the failure to complete or administrative termination 25
from the special drug offender sentencing alternative program.26
(3)(a) During incarceration in the state facility, ((offenders)) 27
individuals sentenced under this section shall undergo a 28
comprehensive substance use disorder assessment and receive, within 29
available resources, treatment services appropriate for the 30
((offender)) individual. The substance use disorder treatment 31
services shall be ((licensed by the department of health )) provided 32
by individuals licensed by the state of Washington. Subject to 33
appropriations, the department of corrections shall seek 34
accreditation through the national commission of correctional health 35
care standards by July 1, 2028. 36
(b) When applicable for cases involving domestic violence, 37
domestic violence treatment must be provided by a state-certified 38
p. 2 SB 5388
domestic violence treatment provider pursuant to RCW 43.20A.735 1
during the term of community custody. 2
(4) If the department finds that conditions of community custody 3
have been willfully violated, the ((offender)) individual may be 4
reclassified to serve the remaining balance of the original sentence. 5
An ((offender)) individual who fails to complete the program or who 6
is administratively terminated from the program shall be reclassified 7
to serve the unexpired term of his or her sentence as ordered by the 8
sentencing court. 9
(5) If an ((offender)) individual sentenced to the prison-based 10
alternative under this section is found by the United States attorney 11
general to be subject to a deportation order, a hearing shall be held 12
by the department unless waived by the ((offender)) individual, and, 13
if the department finds that the ((offender)) individual is subject 14
to a valid deportation order, the department may administratively 15
terminate the ((offender)) individual from the program and reclassify 16
the ((offender)) individual to serve the remaining balance of the 17
original sentence. 18
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p. 3 SB 5388