Title
Approval of an Ordinance Amending Olympia Municipal Code Chapter 9.28 Relating to Drugs to Incorporate by Reference Legislative Amendments to RCW 69.50.4011
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve an Ordinance Amending OMC Chapter 9.28 Relating to Drugs to Incorporate by Reference Legislative Amendments to RCW 69.50.4011 on second reading.
Report
Issue:
Whether to approve an Ordinance Amending OMC Chapter 9.28 Relating to Drugs to Incorporate by Reference Legislative Amendments to RCW 69.50.4011 on second reading.
Staff Contact:
Mark Barber, City Attorney, 360.753.8338
Presenter(s):
None - Consent Calendar
Background and Analysis:
Background and analysis have not changed from first to second reading.
On May 16, 2023, after a special session of the Legislature called by Governor Jay Inslee to address the “Blake Fix,” the legislature passed E2SSB 5536 as part of the 68th Legislature, 2023 1st Special Session, which among other things, amended RCW 69.50.4011.
The Olympia Municipal Code (OMC) Chapter 9.28 relates to misdemeanor drug offenses in the City of Olympia. OMC 9.28.010 adopts state statutes by reference, as they appear now or may hereafter be amended, as though fully set forth in OMC Chapter 9.28. Previously, RCW 69.50.4011 had not been adopted by reference into the Olympia Municipal Code.
The Olympia Municipal Court has jurisdiction over both gross and simple misdemeanors committed within the municipal boundaries of the City of Olympia.
Amendments in 2E2SSB 5536 to RCW 69.50.4011(3) make violation of RCW 69.50.4011(1)(b) and (c) a gross misdemeanor punishable for any person to knowingly possess a counterfeit substance or to knowingly use a counterfeit substance in a public place by imprisonment of up to180 days, or by a fine of not more than $1,000, or by both such imprisonment and fine on the first offense. However, if the defendant has two or more prior convictions under RCW 69.50.4011(1)(b) or (c), occurring after July 1, 2023, a violation of RCW 69.50.4011(1)(b) or (c) is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine.
The Legislature’s amendments in 2E2SSB 5536 to RCW 69.50.4011(3) also provide that the prosecutor is encouraged to divert such misdemeanor cases for assessment, treatment, or other services, and in lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450, law enforcement assisted diversion programs established under RCW 71.24.589, and the recovery navigator program established under RCW 71.24.115.
Climate Analysis:
Enactment of an Ordinance Amending OMC Chapter 9.28 Relating to Drugs to Incorporate by Reference Legislative Amendments to RCW 69.50.4011 into the Olympia Municipal Code will not impact climate.
Equity Analysis:
Enactment of an Ordinance Amending OMC Chapter 9.28 Relating to Drugs to Incorporate by Reference Legislative Amendments to RCW 69.50.4011 into the Olympia Municipal Code will permit the Olympia Police Department and City Prosecutors to address the harms caused by illegal drug possession and use, which affects all races, ethnicities, genders, and sexual orientations of Olympia’s residents, by offering more substantive services for those with addiction disorders while also holding offenders accountable.
Neighborhood/Community Interests (if known):
By amending OMC Chapter 9.28, the Olympia Police Department and City Prosecutors will have the legal authority to address and refer illegal drug use in the community by offering more substantive services for those with addiction disorders while also holding offenders accountable.
Financial Impact:
Unknown. Costs may be associated with diversion for assessment, treatment, or other services through Community Court or other programs.
Options:
1. Approve the Ordinance Amending OMC Chapter 9.28 Relating to Drugs to Incorporate by Reference Legislative Amendments to RCW 69.50.4011 on second reading.
2. Do not enact the Ordinance Amending OMC Chapter 9.28 Relating to Drugs to Incorporate by Reference Legislative Amendments to RCW 69.50.4011.
3. Failure to amend OMC Chapter 9.28 will prevent the Olympia Police Department and City Prosecutors from enforcing illegal gross misdemeanor drug possession and use in the City of Olympia, and to offer diversion for assessment, treatment, or other services, for those suffering addiction disorders.
Attachments:
Ordinance