Legislators struck and passed pre-negotiated legislation reframing the relation of the criminal justice and behavioral health systems to substance use issues which the Governor signed the same day.
Here are some observations of the Washington State Legislature (WA Legislature) for Wednesday May 17th, following the conclusion of the first special session. As the subject matter of the legislation falls outside our areas of expertise, we used the OpenAI ChatGPT system to draft summaries of legislator remarks and the Governor’s comments, then fact-checked and minimally edited the content. We’d like to hear any feedback you’d like to offer on our use of that process and the results.
My top 3 takeaways:
- On Tuesday May 16th, the Washington State Senate (WA Senate) adopted a striking amendment to SB 5536 before several members spoke about the bill and the body passed the legislation.
- In the afternoon on Monday May 15th, a revised version of SB 5536 (“Concerning controlled substances, counterfeit substances, and legend drug possession and treatment”) was published by Senator June Robinson.
- After convening the special session, senators approved a resolution to allow remote participation by their colleagues and a continuing resolution to reintroduce SB 5536 “in the house in which it originated and…given the highest legislative status that it attained in the original house” in order to “be considered and acted upon as efficiently and expeditiously as possible.”
- After a short caucus, members pulled SB 5536 out of the Washington State Senate Rules Committee (WA Senate RULE), returned the bill to second reading, and Senator June Robinson motioned for her striking amendment to replace the legislative vehicle. The striker was adopted in a voice vote. Robinson then motioned that the bill be advanced to third reading, closing the opportunity for further amendment of the legislation.
- Several senators then spoke to the bill:
- Senator June Robinson (audio - 5m, video)
- Robinson expressed gratitude to all the individuals involved in the development of the compromise proposal regarding simple possession of harmful drugs. The bill had been a challenging endeavor, and the senator acknowledged the contributions from colleagues across party lines and caucuses. The proposal aimed to address addiction as a disease and acknowledged the need for treatment options and accountability for drug use in public spaces. While the bill was not perfect, Robinson believed it represented a step towards a more comprehensive and compassionate approach to drug possession and use in the state.
- Senator John Braun (audio - 7m, video)
- Braun expressed his support for the bill, acknowledging the bipartisan effort and describing it as the top issue of the legislative session. He highlighted the increase in overdose deaths and the need for a different approach to save lives. He believed the bill aimed to strike a balance by focusing on treatment while providing tools for law enforcement and prosecutors. Sharing a personal story about his nephew's struggle with addiction, Braun emphasized the importance of the bill in offering hope and urged fellow lawmakers to support it.
- Senator Phil Fortunato (audio - 2m, video)
- Fortunato expressed gratitude for the work done on the bill but voiced concerns about the penalties for drug possession. He pointed out that a first offense could result in 180 days in jail, with the third offense carrying a sentence of 364 days. The senator believed that putting individuals addicted to drugs in jail for a longer period would be the best approach to provide treatment in a controlled environment. While he supported a stronger measure and more flexibility for local jurisdictions regarding paraphernalia, he acknowledged the bill's movement in the right direction and indicated that he would vote in favor of it.
- Senator Patty Kuderer (audio - 3m, video)
- While recognizing that the bill was not perfect, Kuderer emphasized the importance of data and research in crafting legislation that effectively helps individuals with substance use disorder. She discussed the counterproductive nature of jailing individuals with addiction, citing research on the negative outcomes associated with incarceration. Kuderer expressed concern about the local control provisions related to harm reduction services but pledged to monitor the implementation of the bill closely. Ultimately, she announced her intention to vote in favor of the bill.
- Senator Mike Padden (audio - 8m, video)
- Padden shared his different perspective on the issue, given he had introduced a bill at the beginning of the session that would have maintained the felony status for hard drug possession. He referenced the Blake decision and highlighted that the court's ruling did not question the felony classification but focused on the strict liability standard. Padden emphasized the increase in overdoses, particularly from fentanyl, and the function of felony charges to incentivize treatment through drug courts. He expressed concerns about the bill's compromises and the lack of continuous criminal history, which he believed would result in less accountability and potential public safety risks. Due to these concerns, he announced his intention to vote against the bill.
- Senator Ron Muzzall (audio - 5m, video)
- Muzzall began by expressing his exhaustion, stating that he was tired of the hopelessness associated with drug addiction. He then spoke emotionally about his niece, who struggled with addiction and passed away unexpectedly the prior month at the age of 42. He concluded by expressing his hope that the legislation being discussed would bring about positive change and offer hope to those affected.
- Senator Yasmin Trudeau (audio - 6m, video)
- Trudeau began by acknowledging the complex nature of substance abuse disorder and her Islamic background, reflecting on the societal treatment of alcohol compared to other substances. She shared personal experiences of family members struggling with addiction and emphasized that nearly everyone in society knows or loves someone affected by it. While she had previously voted against the bill, she recognized the need for a new approach beyond the criminal and legal system, emphasizing the importance of early treatment and addressing the deep traumas caused by past decisions. Trudeau acknowledged the emotional nature of the debate and called for ongoing work to build the necessary infrastructure and address systemic barriers to help those affected by addiction. She stressed the importance of equity, avoiding the criminalization of vulnerable populations, and focusing on real rehabilitation and support. Senator Trudeau concluded by urging colleagues to remember the larger goal and to view this bill as the first step in a long journey towards achieving meaningful change.
- Senator June Robinson (audio - 5m, video)
- Senators then voted 43-6 to pass the amended legislation and referred the bill to the opposite chamber (audio - 4m, video).
- Six senators voted against the legislation:
- Senator Bob Hasegawa
- Senator Mike Padden
- Senator Jamie Pedersen
- Senator Ann Rivers
- Senator Rebecca Saldaña
- Senator Mark Schoesler
- Six senators voted against the legislation:
- Subsequently on Tuesday, the Washington State House of Representatives (WA House) received the legislation from the Senate before several members spoke about the bill and the body passed the legislation, completing final passage by the Legislature.
- No opportunity was offered in either chamber to further amend the bill.
- Several representatives spoke to the bill:
- Representative Roger Goodman (audio - 2m, video)
- Goodman expressed support for the legislation while acknowledging it as a compromise. He emphasized the need to strike a balance between addressing public disorder and avoiding unnecessary criminalization of socially displaced individuals. He discussed the failure of drug policy over the past 50 years, highlighting the increasing availability, potency, and consequences of drug use. While expressing concerns about the reliance on criminal sanctions, he recognized the bill as a significant paradigm shift towards evidence-based interventions and substantial investments in behavioral health infrastructure. Goodman recommended adopting the compromise and anticipated continued legislative efforts on the topic in the future.
- Representative Peter Abbarno (audio - 4m, video)
- Abbarno expressed support for the legislation, considering it a balance between accountability and compassion. He saw the bill as a way to address failed policies of the past and invest in mental health and drug abuse treatment. Abbarno highlighted the importance of holding repeat offenders accountable while providing opportunities for those struggling with addiction to seek treatment. He emphasized the need for local input and flexibility in addressing the complex issue. Abbarno acknowledged that the work would not end with passing the policy but rather begin with its successful implementation and measurable impact on improving lives.
- Representative Gerry Pollet (audio - 3m, video)
- Pollet explained that he had voted in favor of previous versions of the legislation due to the urgent need for action and investments in behavioral health. However, he regretfully changed his stance on the current bill. Pollet expressed concerns that the new legislation would give prosecutors the discretion to deny diversion and treatment options, which could disproportionately impact marginalized communities. He believed that prosecutors would use this discretion to coerce guilty pleas and push people into incarceration rather than providing them with treatment. Pollet emphasized the importance of monitoring the implementation of the bill and ensuring that constitutional limits and guidelines were subsequently established to prevent the abuse of prosecutorial discretion.
- Representative Jenny Graham (audio - 6m, video)
- Graham expressed gratitude for the collaborative efforts of the members involved in finding a solution, acknowledging that neither side was completely satisfied with the outcome. She emphasized the importance of considering the innocent victims who suffer or lose their lives due to the substance abuse of others. Graham urged a united effort against drug cartels, gangs, and traffickers who profit from peddling poison. Despite concerns, Graham chose to vote in favor of the legislation in hopes of fostering future discussions and prioritizing the well-being of those affected by substance abuse.
- Representative Lauren Davis (audio - 8m, video)
- Davis expressed her commitment to advocating for the population affected by substance abuse and mentioned her involvement in a national nonprofit dedicated to good drug policy before labeling the current bill as bad drug policy. She asserted that the fentanyl crisis was not caused by Washington State's drug laws but by a decision made in China. Davis highlighted the importance of harm reduction programs and the need to meet individuals struggling with addiction where they are, building relationships, and offering support. The bill was criticized for undermining harm reduction and methadone as effective tools in combating the fentanyl crisis, and for politicizing essential services. Davis argued that punishment does not lead to recovery and called for compassion and hope in addressing addiction. She concluded by urging against voting for the bill, as she believed it would exacerbate the problem rather than help solve it.
- Representative Tom Dent (audio - 10m, video)
- Dent expressed his engagement with the bill after reading and discussing it with others. Drawing from his personal experience of 36 years of sobriety, he emphasized the importance of consequences and accountability in driving individuals towards recovery from addiction. While he acknowledged the positive aspects of the bill, such as diversions and opportunities for treatment, Dent expressed concerns about undefined terms, the need for professional training, and the absence of a focus on abstinence. He highlighted the devastating impact of addiction and acknowledged the necessity of the bill as a starting point while expressing the intention to closely monitor its progress. Dent concluded by stating his willingness to vote in favor of the bill as a step forward in addressing substance use disorders.
- Representative Tarra Simmons (audio - 7m, video)
- Simmons expressed her gratitude for the progress made since the Blake decision and the reduction of collateral consequences for individuals in recovery. She shared her initial concerns about the disparities in sentencing for gross misdemeanors compared to felonies and the need for equitable treatment across the state. Simmons acknowledged the bill's imperfections but commended the negotiators for listening and reducing the punishment aspect. She emphasized the importance of investments in resources such as mobile medication units, arrest and jail alternatives, public defense, youth shelters, and housing vouchers. Simmons also highlighted the significance of recovery navigators and the need for connection and support in the recovery process. She concluded by urging her colleagues to vote in favor of the bill and assured them that prosecutors would be held accountable for fair and just implementation.
- Representative Andrew Barkis (audio - 7m, video)
- Barkis acknowledged the diversity of lived experiences within the legislature and emphasized the severity of the opioid epidemic as the state's biggest crisis. Sharing his personal experience with his son's addiction, Barkis highlighted the significance of treatment, recovery housing, and medication-assisted treatment in his son's successful recovery. He stressed the need for action to prevent the problem from persisting and commended the investments in recovery resources and housing vouchers in the bill. Barkis expressed his agreement with the majority of the bill's components and stated his intention to vote in favor of it, emphasizing the importance of taking necessary steps to combat the epidemic and restore communities and families. He also expressed confidence in the legislature's ability to refine and improve the policy as needed.
- Representative David Hackney (audio - 2m, video)
- Hackney expressed gratitude for the insights shared by Representative Barkis and acknowledged the challenging nature of the bill as a tough compromise. Drawing from personal experience and professional background as a former federal prosecutor, Hackney highlighted the devastating impact of addiction on families and communities. Emphasizing the bipartisan nature of the bill, Hackney mentioned the collaborative efforts to address concerns raised by behavioral health specialists, police, prosecutors, and Washington cities. The bill included provisions for the collection of comprehensive data to inform future decision-making, and Hackney urged fellow legislators to vote in favor of the bill as a smart compromise that prioritized data-driven solutions.
- Representative Greg Cheney (audio - 2m, video)
- Drawing from personal experience as a prosecutor in drug courts and mental health courts, Cheney emphasized the importance of accountability and support in helping individuals overcome addiction. The representative framed that work as the collaborative efforts of a team consisting of social workers, defense attorneys, judges, and prosecutors working towards the shared goal of facilitating recovery. Cheney advocated for the bill, seeing it as a step closer to achieving a balance between accountability and providing adequate treatment resources. Acknowledging that adjustments may be needed in the future, Cheney urged fellow lawmakers to make investments and establish accountability measures to support those in need.
- Representative April Berg (audio - 3m, video)
- Berg addressed the issue of addiction, emphasizing its impact on cities, communities, and families. Sharing a personal experience of being injured by a driver under the influence of opioids, Berg highlighted the physical and emotional suffering caused by addiction. Acknowledging the prevalence of such incidents in her district and statewide, the representative endorsed the bill as a solution, describing it as a hard-fought compromise that would aid local cities and counties in addressing addiction. Berg emphasized the importance of a consistent statewide policy and called for a yes vote on the bill.
- Representative Jim Walsh (audio - 10m, video)
- Walsh presented his viewpoint on the bill, stating that while it was an improvement, it fell short of what was needed. He urged a "no" vote and highlighted three considerations to examine. Firstly, Walsh referred to the State v. Blake decision which emphasized the issue of knowingly possessing drugs and suggested that the appropriate response would be to restore the drug laws to their pre-Blake state. Secondly, Walsh emphasized the need for clear and strong language in combating opioid addiction, as highlighted by frontline law enforcement. Lastly, he discussed the experiences of former and current users, emphasizing the necessity of powerful consequences to address the intergenerational problem of opioid addiction. Walsh called for a more precise, stronger, and clearer proposal to provide a path to a better life for those suffering from addiction.
- Representative Chris Stearns (audio - 3m, video)
- Stearns shared a personal story about his nephew's tragic overdose, underscoring the importance of the bill in addressing the needs of families and children in the state. Stearns, who was also in recovery, emphasized how the path to recovery rarely involved the criminal justice system, but rather individuals seeking help due to various personal losses and crises. He commended the bill for its focus on investments such as recovery housing, crisis relief centers, and youth services, which were crucial in providing the support that his nephew needed. Stearns expressed pride in supporting the bill and working alongside his peers to make a positive impact.
- Representative Gina Mosbrucker (audio - 7m, video)
- Mosbrucker framed previous efforts as a misconception that doing nothing about addiction would suffice, highlighting the ineffectiveness of handing out cards about treatment to those suffering from addiction. She emphasized the need for rules and accountability to help individuals struggling with addiction, comparing it to the discipline observed in the military. She shared personal insights from conversations with experts and individuals in recovery, emphasizing the importance of setting rules and making decisions on behalf of those unable to do so in the grip of addiction. Mosbrucker expressed gratitude for the bill's provisions and emphasized the need to eliminate shame and stigma surrounding addiction, emphasizing the importance of believing in individuals' ability to recover. She concluded by urging support for the bill and belief in those who have lost faith in themselves.
- Representative Jamila Taylor (audio - 5m, video)
- Taylor expressed gratitude to the staff involved in crafting the bill and acknowledged bipartisan support. She emphasized the comprehensive nature of the bill, which addressed root causes and aimed to tackle the public health crisis through interventions and investments in various areas. Taylor highlighted the need for a multifaceted approach and the importance of collaboration at all levels of government. She discussed the evolving policies surrounding harm reduction and the increased availability of Narcan. Taylor shared her personal experience with a partner who had a substance use disorder, emphasizing the impact it had on her life and the need for a different approach to address addiction challenges. She concluded by affirming the commitment of legislators to create better communities and continue working towards positive change.
- Representative Roger Goodman (audio - 2m, video)
- Representatives then voted 83-13-0-2 to pass the legislation (audio - 2m, video).
- 13 representatives voted against the legislation:
- Representative Emily Alvarado
- Representative Frank Chopp
- Representative Lauren Davis
- Representative Mary Dye
- Representative Cyrus Farivar
- Representative Nicole Macri
- Representative Joel McEntire
- Representative Gerry Pollet
- Representative Cindy Ryu
- Representative Sharon Tomiko Santos
- Representative Joe Schmick
- Representative Chipalo Street
- Representative Jim Walsh
- Two representatives were excused:
- Representative Joel Kretz
- Representative My-Linh Thai
- 13 representatives voted against the legislation:
- Shortly after final passage, the House Democratic Caucus published an article about the bill.
- Late on Tuesday afternoon, the Washington State Office of the Governor (WA Governor) hosted an unscheduled bill action to sign the newly passed legislation.
- After gathering signatures from Senate President Denny Heck and Speaker of the House Laurie Jinkins, the bill as passed by the Legislature was delivered to Governor Jay Inslee. Having earlier signaled his intention to sign the legislation quickly, the WA Governor arranged for executive action to be taken on the legislation late in the afternoon on Tuesday.
- Inslee had a few comments to make about his call for action and the legislation itself (audio - 4m, video).
- In his call for a special session, Inslee requested legislation focused on treating addiction while maintaining a criminal sanction. The legislature delivered a bipartisan bill which established a statewide policy on drug possession and use. He thought the bill struck a balance between accountability and treatment, prioritizing diversion programs and therapeutic courts. It allocated $44 million for drug treatment and recovery services, including methadone units, crisis relief centers, and housing. The bill also maintained criminal penalties for those unwilling to seek treatment initially. The Governor commended legislators for their hard work and signed the bill, expressing hope that it would help combat addiction, reduce crime, and protect children.
- Two journalists were offered the opportunity to ask questions, the first regarding the uneven distribution of behavioral health system infrastructure around the state (audio - 1m, video) and the second regarding the failed criminal justice approach to what had become regarded as a behavioral health issue (audio - 3m, video).
- The WA Governor subsequently published a Medium post announcing the bill action and legislative staff published a final bill report. Most of the provisions in the bill were scheduled to go into effect on July 1st.