WeVote
Log In

Bill

Bill

SB 5569

Recognizing a court's authority to authorize a defendant's direct transfer from jail to inpatient or residential substance use disorder treatment.

2025-2026 Regular Session Introduced by Leonard Christian and 2 co-sponsors

Allows a judge to stay proceedings and transfer eligible pretrial defendants directly from jail to inpatient/residential SUD treatment under court supervision.

By resolution, reintroduced and retained in present status.
0
WeVote Research Nonpartisan
Bill Summary · SB 5569

Summary of SB 5569 – Court-Authorized Direct Transfer from Jail to Inpatient/Residential Substance Use Disorder Treatment

Purpose and Intent

SB 5569 would recognize and authorize a judicial officer to modify certain pretrial release orders to permit a defendant to be directly transferred from jail to inpatient or residential substance use disorder (SUD) treatment (including co-occurring mental health and SUD treatment) under court supervision. The act aims to facilitate treatment initiation for eligible defendants while staying proceedings, with safeguards to ensure safety and accountability and to enable potential diversion or dismissal if treatment progresses successfully.

Key Provisions and Changes

  • New authority added to RCW 10.21 (chapter on release and conditions):
    • A judge can indicate on a release order that the defendant may move to modify the order to personal recognizance release with nonmonetary conditions and stay the proceedings to enable admission to an inpatient/residential SUD treatment facility, if:
    • The defendant has an admission offer to a qualifying treatment facility, and
    • A trusted individual is available to escort the defendant directly from jail to the facility.
  • Immediate notification to recovery navigator program (RCW 71.24.115) when such an order is entered.
  • Eligibility to request stay and treatment pretrial release:
    • The defendant may move for pretrial release and a stay at any time if they can meet the conditions specified, including court-imposed conditions beyond the base requirements.
    • The defendant must affirm consent to participate in treatment, authorize release of information, and waive speedy-trial rights while the stay is in place.
    • If the court is satisfied, it must stay the proceedings and order release consistent with the stay, specifying a release time for escort to the facility.
  • Release logistics and supremacy of the court order:
    • Jail must release the defendant only to the trusted individual and at the time stated in the order.
    • The court order supersedes other holds or warrants from other jurisdictions.
  • Treatment facility reporting requirements:
    • Inpatient/residential facility must notify the court when the defendant is admitted and again upon discharge, using forms supplied by the court; discharge notice must indicate whether the defendant advanced to the next level of care.
  • Post-discharge actions:
    • Upon discharge notification, prosecutors may move to lift the stay and resume proceedings.
    • If the discharge shows successful progression to the next level of care, prosecutors are encouraged to consider diversion or dismissal of charges.
  • Court authority and scope:
    • A judicial officer can issue orders on their own motion or at the request of any party if there are indications the defendant would benefit from treatment and can be safely released to a treatment facility.
    • The statute clarifies that this authority is not limited to offenses under RCW 69.50 (Controlled Substances Act).
  • Stay and trial timing:
    • The stay is an excluded period for time for trial; lifting the stay starts a new trial commencement date.
  • Definition of “trusted individual”:
    • Includes family members, defense team members, health care workers, social workers, peer support specialists, case managers, facility staff, or other supportive individuals.
  • Administrative implementation:
    • The Administrative Office of the Courts will create or update forms needed to implement the act.

Affected Parties and Stakeholders

  • Defendants: Eligible individuals facing pretrial or pending charges who have an admission offer to inpatient/residential SUD treatment and a trusted escort.
  • Courts: Judicial officers in charge of release orders and stays.
  • Prosecutors: May file motions to lift stays after treatment discharge and consider diversion/dismissal based on outcomes.
  • Recovery Navigator Program (RCW 71.24.115): Must be notified when such orders are entered.
  • Inpatient/Residential Treatment Facilities: Must notify the court of admissions and discharges.
  • Defense counsel and health/social care professionals involved in the defendant’s treatment and care planning.

Procedural and Timeline Aspects

  • Introduction: January 29, 2025.
  • First Reading: January 29, 2025; referred to Law & Justice.
  • Public Hearing: February 17, 2025, in the Senate Committee on Law & Justice at 10:30 AM.
  • Implementation: If enacted, forms and guidelines would be developed/updated by the Administrative Office of the Courts (Sec. 2).

Potential Impact

  • Expands pretrial options by enabling direct, court-approved entry into inpatient/residential treatment, potentially improving treatment access and reducing pretrial detention time.
  • Creates structured processes for escort arrangements, notifications, and discharge reporting to link treatment progress with case outcomes.
  • Encourages consideration of diversion or dismissal when treatment milestones are achieved, potentially affecting caseloads, sentencing dynamics, and case resolutions.
  • Requires coordination among courts, defense teams, prosecutors, treatment providers, and recovery navigators, with an emphasis on safety, information sharing, and clear expectations during the stay.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.