(1) Subject to funds appropriated by the legislature, the authority shall administer a grant program for law enforcement assisted diversion which shall adhere to law enforcement assisted diversion core principles recognized by the law enforcement assisted diversion national support bureau, the efficacy of which have been demonstrated in peer-reviewed research studies.

Terms Used In Washington Code 71.24.589

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Authority: means the Washington state health care authority. See Washington Code 71.24.025
  • Behavioral health services: means mental health services, substance use disorder treatment services, and co-occurring disorder treatment services as described in this chapter and chapter 71. See Washington Code 71.24.025
  • Research-based: means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in subsection (30) of this section but does not meet the full criteria for evidence-based. See Washington Code 71.24.025
(2) The authority must partner with the law enforcement assisted diversion national support bureau to award contracts, subject to appropriation, for jurisdictions in the state of Washington for law enforcement assisted diversion. Cities, counties, and tribes, subdivisions thereof, public development authorities, and community-based organizations demonstrating support from necessary public partners, may serve as the lead agency applying for funding. Funds may be used to scale existing projects, and to invite additional jurisdictions to launch law enforcement assisted diversion programs.
(3) The program must provide for securing comprehensive technical assistance from law enforcement assisted diversion implementation experts to develop and implement a law enforcement assisted diversion program in a way that ensures fidelity to the research-based law enforcement assisted diversion model. Sufficient funds must be allocated from grant program funds to secure technical assistance for the authority and for the implementing jurisdictions.
(4) The key elements of a law enforcement assisted diversion program must include:
(a) Long-term case management for individuals with substance use disorders;
(b) Facilitation and coordination with community resources focusing on overdose prevention;
(c) Facilitation and coordination with community resources focused on the prevention of infectious disease transmission;
(d) Facilitation and coordination with community resources providing physical and behavioral health services;
(e) Facilitation and coordination with community resources providing medications for the treatment of substance use disorders;
(f) Facilitation and coordination with community resources focusing on housing, employment, and public assistance;
(g) 24 hours per day and seven days per week response to law enforcement for arrest diversions; and
(h) Prosecutorial support for diversion services.
(5) No civil liability may be imposed by any court on the state or its officers or employees, an appointed or elected official, public employee, public agency as defined in RCW 4.24.470, combination of units of government and its employees as provided in RCW 36.28A.010, nonprofit community-based organization, tribal government entity, tribal organization, or urban Indian organization, based on the administration of a law enforcement assisted diversion program or activities carried out within the purview of a grant received under this program except upon proof of bad faith or gross negligence.

NOTES:

Declaration—2019 c 314: See note following RCW 18.22.810.
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