10.05.140 << 10.05.150 >> 10.05.155

RCW 10.05.150

Alcoholism Program Requirements. (Effective Until January 1, 2026.)A Deferred Prosecution Program for Alcoholism Shall Be for a Two-Year Period and Shall Include, But Not Be Limited To, the Following Requirements:(1) Total Abstinence From Alcohol and All Other Nonprescribed Mind-Altering Drugs;(2) Participation in an Intensive Inpatient Or Intensive Outpatient Program in a State-Approved Substance Use Disorder Treatment Program;(3) Participation in a Minimum of Two Meetings Per Week of an Alcoholism Self-Help Recovery Support Group, As Determined by the Assessing Agency, for the Duration of the Treatment Program;(4) Participation in an Alcoholism Self-Help Recovery Support Group, As Determined by the Assessing Agency, From the Date of Court Approval of the Plan to Entry Into Intensive Treatment;(5) Not Less Than Weekly Approved Outpatient Counseling, Group Or Individual, for a Minimum of Six Months Following the Intensive Phase of Treatment;(6) Not Less Than Monthly Outpatient Contact, Group Or Individual, for the Remainder of the Two-Year Deferred Prosecution Period;(7) 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;(8) All Treatment Within the Purview of This Section Shall Occur Within Or Be Approved by a State-Approved Substance Use Disorder Treatment Program As Described in Chapter 70.96A Rcw;(9) Signature of the Petitioner Agreeing to the Terms and Conditions of the Treatment Program.[ 2016 Sp.S. C 29 S 527; 1999 C 143 S 43; 1985 C 352 S 17.]Notes:Reviser's Note: Chapter 70.96A Rcw Was Entirely Repealed Or Recodified As Sections in Chapter 71.24 Rcw by 2016 Sp.S. C 29, Effective April 1, 2018.Effective Dates—2016 Sp.S. C 29: See Note Following Rcw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.Pdfrcw 10.05.150Deferred Prosecution for Substance Use Disorder Or Mental Health Co-Occurring Disorder—Requirements. (Effective January 1, 2026.)

(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;

(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.

[ 2024 c 306 s 22; 2016 sp.s. c 29 s 527; 1999 c 143 s 43; 1985 c 352 s 17.]

Notes:

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.