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Sunday, July 13, 2025

Bridging Justice And Health: New Program Gives Drug Offenders A Way Forward

Seattle City Attorney Ann Davison

By Kiara Doyal, The Seattle Medium

Last week, the Seattle City Attorney’s Office (CAO), along with the Seattle Municipal Court (SMC), Seattle Mayor’s Office, and Seattle City Council, announced a new approach to handling misdemeanor public drug use and possession cases, the Drug Prosecution Alternative (DPA).

The DPA will provide an incentive for defendants arrested for drug use and possession to connect with services, commit no new law violations, and complete specific steps in order to have their drug cases dismissed. Seattle City Attorney Ann Davison, says the steps include signing an agreement with the CAO, taking a drug use assessment, successfully completing drug tests, and avoiding criminal law violations for sixty days.

“The goal [of this initiative] is to improve public safety,” says Davison. “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.”

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By prioritizing Seattle’s public safety and homelessness crises, the DPA aims to provide a clear path to recovery for those impacted.

“The Drug Prosecution Alternative fills a critical gap in our alternative court system, thoughtfully balancing public safety with a compassionate pathway to recovery for those battling addiction,” said Seattle City Council President Sara Nelson. “The fentanyl epidemic and addiction in general are inextricably linked to our public safety and homelessness crises.”

While Davison feels that this coordinated approach is a first step and another building block in the effort that includes the Stay Out of Drug Area (SODA) ordinance, she says that there is still more work to be done to fully address this issue.

“Misdemeanor drug offenses need dedicated funding for treatment, and warm handoffs between branches of the criminal justice system should become standard, particularly for individuals with substance abuse disorder,” said Davison. “We will continue to tie in SODA work, to prevent dealers from preying on those who are taking part in the Drug Prosecution Alternative, and to protect our public spaces.”

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In addition to providing individuals with a route to dismissal of charges and assistance with substance abuse issues, city official claim that the initiative will also lead to:

• Faster case resolution: resolve cases within 60 days, freeing up court resources.

• Increased compliance and support: participants have pathways to engage in services, supporting successful completion of their treatment and connecting to ongoing resources.

• Informative reporting: provide regular reporting that builds community trust and offers transparency on outcomes.

In 2023, following the Washington Supreme Court’s 2021 “Blake Decision,” Washington lawmakers redefined drug use and possession as a misdemeanor rather than a felony. Later that year, the City of Seattle incorporated public drug use and possession into the municipal code as a misdemeanor offense. The following year, the Seattle City Council then passed a SODA ordinance.

“When public drug use and possession were at the felony level, a ‘support system’ to deal with the inherent challenges was in place,” said Tim Robinson, Seattle City Attorney’s Office Communications Manager. “When these crimes were reclassified as misdemeanors, it required a rebuilding of that system. This rebuilding is not complete, which is why this latest step, the Drug Prosecution Alternative, is important.”

Seattle Mayor Bruce Harrell believes that Seattle needs more evidence-based tools to connect people suffering from substance use disorder to the care they need to recover and rebuild their lives.

“As emphasized in my 2023 Executive Order, diversion remains a key part of the City’s dual public health and public safety approach to the deadly drug epidemic,” said Harrell. “This new strategy will build on the progress we’ve made over the last two years, reducing overdose deaths and expanding access to life-saving treatment options that help more people break out of the cycle of addiction.”

Under the DPA, eligible defendants will receive a “warm handoff” from CAO to the Seattle Municipal Court Resource Center.

To successfully have their case dismissed, participants must comply with the following terms:

• Sign an agreement with CAO.

• Complete orientation to services.
• Participate in substance use assessment.
• Complete a drug test.
• Where applicable, accept a SODA order.
• Have no criminal violations for a 60-day period.

“SMC’s pretrial services team will support participants in meeting the conditions of the program including connecting them to community services and supports through our Community Resource Center (CRC) as soon as feasible,” said SMC Presiding Judge Anita Crawford-Willis. “The CRC and its partners will provide options and pathways to treatment and support, should the participant be ready to engage.”

Seattle City Councilmember Bob Kettle believes that this initiative represents good governance and the power of a united effort across our separately elected branches of government.

“This Drug Prosecution Alternative is a key strategic addition to our public safety toolkit alongside our SODA legislation. The improvements we are witnessing on our streets underscore our efforts this far, but we also need to build on this momentum for there is more work to be done,” said Kettle.

Nelson echoed the statement.

“I applaud City Attorney Davison and her team for advancing an initiative that will make our city safer and incentivize our most vulnerable residents to get the help they need,” said Nelson.

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