The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) “Emerging best practice” or “promising practice” means a program or practice that, based on statistical analyses or a well- established theory of change, shows potential for meeting the evidence-based or research-based criteria, which may include the use of a program that is evidence-based for outcomes other than those listed in this section.

(2) “Evidence-based” means a program or practice that: (a) Has been tested in heterogeneous or intended populations with multiple randomized, or statistically controlled evaluations, or both; or one large multiple site randomized, or statistically controlled evaluation, or both, where the weight of the evidence from a systemic review demonstrates sustained improvements in at least one outcome; or (b) may be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost-beneficial.

(3) “Government authority” means prosecutor or other representative initiating action leading to a proceeding in therapeutic court.

(4) “Participant” means an accused person, offender, or respondent in the judicial proceeding.

(5) “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 this subsection but does not meet the full criteria for evidence-based.

(6) “Specialty court” and “therapeutic court” both mean a court utilizing a program or programs structured to achieve both a reduction in recidivism and an increase in the likelihood of rehabilitation, or to reduce child abuse and neglect, out-of-home placements of children, termination of parental rights, and substance abuse and mental health symptoms among parents or guardians and their children through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives.

(7) “Therapeutic court personnel” means the staff of a therapeutic court including, but not limited to: Court and clerk personnel with therapeutic court duties, prosecuting attorneys, the attorney general or his or her representatives, defense counsel, monitoring personnel, and others acting within the scope of therapeutic court duties.

(8) “Trial court” means a superior court authorized under this title or a district or municipal court authorized under Title 3 or 35 RCW.

Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.

Conflict with federal requirements—2015 c 291: See note following RCW 2.30.010.