Aripa v. Department of Social & Health Services

588 P.2d 185, 91 Wash. 2d 135
CourtWashington Supreme Court
DecidedDecember 14, 1978
Docket44805
StatusPublished
Cited by39 cases

This text of 588 P.2d 185 (Aripa v. Department of Social & Health Services) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aripa v. Department of Social & Health Services, 588 P.2d 185, 91 Wash. 2d 135 (Wash. 1978).

Opinions

Hamilton, J.

This case is a direct appeal from the trial court's denial of petitions for alternative writs of mandamus and habeas corpus. We affirm the trial court.

Anthony F. Aripa, Jr., one of the petitioners, was an inmate of Washington State Penitentiary at Walla Walla. He has a long history of alcoholism and involvement with the criminal justice system. His alcoholism led directly to the bringing of a petition for a writ of mandamus and, in the alternative, a writ of habeas corpus to compel the Department of Social and Health Services (DSHS) to provide treatment for his severe alcohol problem. Four other inmates with similar histories of alcohol problems also brought petitions for writs of mandamus seeking the same relief.

The trial court consolidated the cases of all petitioners and, upon consideration of the issues, found no grounds upon which to issue the requested writs. Petitioners sought direct review of the trial court's judgment, and we retained their cases.

[137]*137Petitioners allege they are entitled to the writs for two reasons. First, they argue that RCW 70.96A.010 et seq., and RCW 72.08.101 give rise to a statutory right to comprehensive individualized treatment for alcohol problems. They contend they have been denied this statutory right to treatment. Second, they argue denial of comprehensive alcohol treatment to inmates violates constitutional guaranties of equal protection. They raise this latter argument for the first time on appeal.

We note that at the time of oral argument petitioner Aripa, as well as three of the four other petitioners, had been discharged from custody at Walla Walla. The issues advanced could be moot as to the discharged petitioners. But since one petitioner was in custody at the time of oral argument we proceeded to consider this case. After analysis of the pertinent statutes, we find no merit to the contentions regarding treatment.

The statutes we consider are RCW 72.08.101 and RCW 70.96A.050(3). The former statute states:

The director of institutions shall provide for the establishment of programs and procedures for convicted persons at the state penitentiary, which are designed to be corrective, rehabilitative and reformative of the undesirable behavior problems of such persons, as distinguished from programs and procedures essentially penal in nature.

RCW 72.08.101. And RCW 70.96A.050(3) states:

The department shall:
(3) Cooperate with public and private agencies in establishing and conducting programs to provide treatment for alcoholics, persons incapacitated by alcohol, and intoxicated persons who are clients of the correctional system.

These two statutes could be construed to create a duty on the part of DSHS to assist in providing inmates with some form of rehabilitative alcohol treatment program. And it is undisputed that the department has in fact initiated a basic alcohol treatment program for convicted persons. Its [138]*138components consist of counseling, medical, psychiatric, and psychological assistance, a monitored antabuse program, an alcohol education program, access to chapters of Alcoholics Anonymous, and follow-up referral services on release. Limited access by minimum security inmates to a full treatment facility is provided through treatment release to the Walla Walla Community Alcohol Center.

Petitioners contend, however, this program is not sufficient to meet the dictates of the above statutes. They argue that all inmates have a statutory right to comprehensive individualized alcohol treatment, including in-patient, outpatient, and intermediate care.

We are of the opinion this contention cannot be sustained. RCW 72.08.101 and RCW 70.96A.050(3) cannot be reasonably construed as a legislative mandate that certain treatment modalities should be employed by DSHS. RCW 72.08.101 merely requires DSHS to establish rehabilitative programs and procedures to correct antisocial behavior. While alcohol abuse is clearly antisocial and thus we would be justified in assuming the legislature intended that DSHS consider programs to correct it, the statute is understandably nonspecific on the precise nature and extent of corrective programs.

RCW 70.96A.050(3) does not alter this lack of specificity. The language of that statute is, if anything, more generalized than RCW 72.08.101. It merely requires DSHS "cooperate" in the establishment of treatment programs. Therefore, even when we read the two statutes together, the petitioners' proposition that individualized comprehensive alcohol treatment is statutorily guaranteed is without merit.

Petitioners urge that we go beyond the statutes already discussed and examine the policy of RCW 70.96A, the Uniform Alcoholism and Intoxication Treatment Act, and RCW 70.96A.080(3). An examination of these, they argue, establishes that there exists a right to comprehensive treatment.

[139]*139The policy leading to the adoption of RCW 70.96A was recognition that alcoholism is a disease and that persons afflicted by the disease of alcoholism should be afforded treatment as opposed to criminal sanctions. State v. Kent, 87 Wn.2d 103, 106, 549 P.2d 721 (1976); RCW 70.96A.010; see Note, 50 Wash. L. Rev. 755 (1975). We support this policy; however, statutory policy statements as a general rule do not give rise to enforceable rights and duties. Whatcom County v. Langlie, 40 Wn.2d 855, 246 P.2d 836 (1952); State ex rel. Berry v. Superior Court, 92 Wash. 16, 159 P. 92 (1916). See International Union of Operating Eng'rs Local 286 v. Sand Point Country Club,

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Bluebook (online)
588 P.2d 185, 91 Wash. 2d 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aripa-v-department-of-social-health-services-wash-1978.