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Defendants charged with public drug use in Seattle could get their charges dismissed in 60 days in exchange for full compliance with diversion programs as part of a new alternative to prosecution.
Under the "Drug Prosecution Alternative," eligible defendants are to be transferred from the City Attorney’s Office to the Seattle Municipal Court Resource Center, where they will participate in a substance use assessment and complete a drug test. Defendants must also avoid committing any criminal violations for a 60-day period to have their cases dismissed.
According to Seattle City Attorney Ann Davison's office, the program is meant to free up court resources by resolving open drug use cases within two months and increase the number of participants fully participating in drug treatment services. The number of public drug use cases in Seattle spiked in the first quarter of 2024, according to the office, and is continuing to average 25 to 35 cases a month.
In 2023, Washington lawmakers redefined drug use and possession as a misdemeanor rather than a felony. Seattle followed suit and established public drug use and possession as a misdemeanor offense, although it took two attempts for the city council to establish its own drug possession law in dealing with loud opposition from residents during bill hearings.
Last year, the Seattle City Council passed the Stay Out of Drug Area ordinance – referred to as “SODA” – which prohibits a defendant from entering a designated zone if they commit a drug-related criminal offense in that zone. SODA faced opposition from civil rights groups and residents for targeting homeless people.
Davison argues that the Drug Prosecution Alternative and SODA legislation threads the needle between public order and treatment-first approaches by protecting public spaces from open drug use and helping defendants stay sober. However, Davison added that there are “additional needs that remain.”
“Specifically, misdemeanor drug offenses need dedicated funding for treatment. Warm handoffs between branches of the criminal justice system should become standard, particularly for individuals with substance abuse disorder,” she said in a news release. “I’m hopeful that this new approach will address the underlying causes of addiction and foster lasting change for those individuals struggling with drug use.”
Potential funding for misdemeanor drug offenses will have to be considered with budget issues facing the Seattle City Council in the next biennium as the city anticipates a $241.5 million drop in revenue over the next two years that may lead to cuts to city services and programs.