Category: Addiction

Addiction, City Council, Drugs, King County

Council Member Wants to Know: Why Isn’t Harm Reduction Abstinence-Based?

By Erica C. Barnett

City Councilmember Sara Nelson, a vocal advocate for abstinence-based treatment for addiction, argued publicly yesterday with advocates for harm reduction over their approach, which emphasizes keeping people who use drugs alive and helping them address underlying conditions, such as homelessness and health care issues, without judgment or pressure to quit using drugs. Why, Nelson wanted to know, were these organizations focused on reducing harm from drug user rather than “encouraging” them to understand that total abstinence should be their goal?

“What [is] Public Health… doing to move beyond the harm reduction phase and how much money, if any, do you spend on agencies or for treatment that is geared toward abstinence?” Nelson asked. “And as a corollary of that, I guess the more basic question is, does Public Health agree that it has a responsibility to change behavior beyond meeting people where they’re at? Do you feel as thought’s important to help people change their use patterns in ways that they can go into abstinence-based recovery?”

Nelson’s (rhetorical?) questions came during a presentation by three longtime service providers—REACH, the People’s Harm Reduction Alliance, and the Hepatitis Education Project, along with King County Public Health—about how they have used funding from a small grant aimed specifically at reducing harm related to drug use. For years, the city council has also allocated funds for this purpose but the mayor’s office has refused to spend it.

“We’ve got ‘meeting people where they’re at’ covered, I think, when we’re looking at the treatment services that are provided right now,” Nelson said.

The county, strategic advisor and drug policy specialist Brad Finegood assured Nelson, spends “hundreds of millions of dollars” on abstinence-only services; the point of also funding harm reduction, he said, is to “keep people alive” and give them entry points for services amid an overdose epidemic that claimed more than 700 lives in King County last year. Those services, the direct service providers explained, include handing out the overdose prevention drug naloxone, connecting people to health care, offering medication-assisted treatment, and handing out supplies for safer use, including pipes for smoking drugs rather than injecting them.

Nelson (like many local right-wing commentators) zeroed in on safe smoking supplies, suggesting that providers should measure their success by tracking how many people who take pipes end up in treatment.

“I know it can be controversial,” Hepatitis Education Project program director Amber Tejada responded, but “one of the keys that I see is we want to facilitate the autonomy of people that use drugs. There are folks that don’t want to stop using drugs. There are folks for whom abstinence is not how they measure success in life. … Our mission, what we have been able to do really successfully with this program, is to show that people can use drugs safely, and we can help folks get access to resources if that is something they are interested in.”

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Last week, Nelson joined her colleague Alex Pedersen and City Attorney Ann Davison to propose new legislation that would enable the city attorney, rather than the King County Prosecutor, to begin prosecuting people for simple drug possession and public drug use. In 2018, King County Prosecutor Dan Satterburg stopped pursuing charges against people for possession of small amounts of drugs while expanding programs like LEAD that work to provide case management and service connections to people who use drugs.

The legislation, if adopted, would represent a profound change to the city’s approach to drug use and a return to war-on-drugs policies that the region has largely abandoned in favor of more compassionate and evidence-based approaches.

Last year, Nelson inserted language into the 2023-2024 budget to fund “facilities” for abstinence-based residential or intensive outpatient treatment using the city’s portion of a state settlement with opioid manufacturers. However, the language of Nelson’s statement of legislative intent leaves wiggle room for other evidence-based types of treatment, such as medication-assisted treatment or contingency management, as a presentation from council central staff at yesterday’s meeting also made clear.

Yesterday, Nelson expressed her frustration that the “private provider community,” which has “more availability for people who have insurance or can pay out-of-pocket,” has not been directly involved in the group that will make recommendations on what kind of treatment to fund with the money she proposed setting aside.

The point of her budget amendment, Nelson said, was “to establish a pilot program that would allow the city to directly contract with treatment facilities, private or public, in order to [help] people who are at the phase of really wanting to go into rehab, get into rehab, especially if they don’t have medication” as an option, as opioid users do.

“We’ve got ‘meeting people where they’re at’ covered, I think, when we’re looking at the treatment services that are provided right now,” Nelson said.

Addiction, Drugs, legislature

Finally Addressing Blake Decision, Legislature Passes Punitive Drug Possession Bill

by Andrew Engelson

On Tuesday, during the special legislative session called by Gov. Jay Inslee, and after hours of emotional testimony, the legislature passed a new drug possession bill.

The legislation was a response to the state supreme court’s 2021 Blake ruling, a landmark decision that invalidated the state law which historically defined drug possession as a felony. Legislators, set on addressing the court’s decision, failed to pass a bill during the regular session. Yesterday, however, Democrats passed their compromise, which focuses on criminal penalties and coercive treatment over a harm reduction-centered approach. The bill was actually less punitive than a previous version that failed to pass, but is still centered on the threat of jail time for drug users.

The vote was 43 to 6 in the Senate, with Democratic senators Bob Hasegawa (D-11, Seattle), Jamie Pedersen (D-43, Seattle), and Rebecca Saldaña (D-37, Seattle) and three Republican senators voting no. The House passed the bill 83 to 13 and sent it to Inslee, who signed it the same afternoon. The House “nay” votes included several Republicans and nine Democrats, all from Seattle or Shoreline: Reps. Emily Alvarado, Frank Chopp, Lauren Davis, Nicole Macri, Gerry Pollet, Cindy Ryu, Sharon Tomiko Santos, Darya Farivar, and Chipalo Street.

“Is this bill perfect? Absolutely not,” the bill’s original sponsor, Sen. June Robinson (D-38, Everett), said before the vote, adding that she believed the compromises were necessary to pass uniform, statewide rules for drug use and possession.

“This legislation offers a balance between accountability and compassion,” said Rep. Peter Abbarno, (R-20, Centralia) who did not vote for a previous version in the House but supported Tuesday’s bill.

Rep. Lauren Davis (D-32, Shoreline), who voted “no,” called the bill ““bad drug policy” on the house floor before the vote. “Harm reduction programs meet people where they are, they don’t leave people where they are. No one can recover if they’re dead.”

In an attempt to win support from left-leaning reformers, the bill does tone down punishment. The bill defines drug possession – and a new offense of public drug use – as gross misdemeanors, but rather than the standard maximum of 364 days in jail, it limits the maximum sentence that can be imposed for each charge to 180 days for the first two convictions, and 364 days for the third or additional convictions. Fines for each instance are limited to $1,000. The bill also encourages local authorities to offer pre-arrest referral services such as LEAD and the state’s Recovery Navigator Program, and also encourages and describes a process for prosecutors to employ post-conviction diversion programs.

“I personally would like to get to a place where we can decriminalize drugs. But I’m also pragmatic and I don’t just represent myself, I represent a district.” —Rep. Tarra Simmons (D-23, Bremerton), who voted “yes.” 

But ultimately, it defers to local prosecutors to decide whether to press criminal charges for drug possession.

“The prosecutors really insisted that they be the gatekeepers and that they be the party that consents to the diversion,” said Rep Roger Goodman, (D-45, Kirkland) who chairs the house Safety, Justice, and Reentry committee and who was a key player in the negotiations that led to the current bill.

Goodman, who in his career as an attorney has worked to shift drug policy from a criminal justice issue to a public health issue, said, “As the chair of the committee, my role was to manage this process, and move through a piece of legislation that’s politically tenable. In doing so, I have permanently tarnished my drug policy reform credentials. But this is only a step in the continued evolution of our drug policy.”

“I’m grateful for the negotiators from all four caucuses for reducing the amount of incarceration,” said Rep. Tarra Simmons, (D-23, Bremerton) in a floor speech. Simmons, who once served time in prison for a drug possession conviction, voted no on the previous version of the bill because she thought its penalties were too harsh, but reluctantly supported today’s version. “I personally would like to get to a place where we can decriminalize drugs,” Simmons said, “But I’m also pragmatic and I don’t just represent myself, I represent a district.”

The state budget, which Inslee also signed Tuesday afternoon, includes nearly $1 billion for behavioral health services, treatment services, supportive housing, and harm reduction for people with substance use disorders. Notably, that operating budget also includes $300,000 to create a “work group” tasked with studying how the state might create a safe supply system that would provide drug users with medical-grade sources of controlled substances such as opioids and stimulants.

A new work group will evaluate “potential models for safe supply services and make recommendations on inclusion of a safe supply framework in the Washington state substance use recovery services plan to provide a regulated, tested supply of controlled substances to individuals at risk of drug overdose

Creating a safe supply work group was one of the few recommendations from the state’s Substance Use Recovery Services Advisory Committee (SURSAC) report issued late last year that survived the current legislative session.

Like SURSAC, the safe supply work group will include representatives from public health agencies, elected officials, prosecutors, law enforcement agencies, harm reduction organizations, housing and treatment service providers, and active and former drug users.

The group will be tasked with evaluating “potential models for safe supply services and make recommendations on inclusion of a safe supply framework in the Washington state substance use recovery services plan to provide a regulated, tested supply of controlled substances to individuals at risk of drug overdose.” The group must present a final report to the legislature by December 2024.

“In order to help people be in recovery, you have to make sure they’re alive,” said Sen. Manka Dhingra, (D-45, Redmond), who chairs the Law and Justice committee and included the work group in an earlier version of the drug possession bill. “I think it’s important to have those conversations about how we can keep people alive so we can help them recover. This work group is going to help us with that discussion.”

Caleb Banta-Green, a research professor at the University of Washington School of Medicine, says safe supply isn’t a radical notion if you’re trying to prevent overdose deaths, of which there have already been 524 in King County this year.

“We have a fundamentally unsafe supply, to put it very simply. That is obviously true of fentanyl,” Banta Green said, noting that the state currently has a safe supply system for alcohol, cannabis, and treatments for opioid addiction. “We’ve had methadone for 50 years and buprenorphine for 20 years. And those are forms of safe supply.”

The drug possession/public use bill that passed Tuesday was much less centered around harm reduction. To attract Republican votes, the bill included a provision that allows local jurisdictions to outlaw or restrict harm reduction services. It does, however, decriminalize drug paraphernalia such as syringes and smoking supplies statewide, when used in harm reduction efforts.

“There’s no evidence that a criminal charge is going to help. And there’s lots of evidence that criminal charges and incarceration all have negative consequences, both in the short term and the long term.  I’m saddened.” —Seattle Rep. Nicole Macri, who voted “No.”

The bill also allows those convicted of either possession or public use to vacate their convictions, but only if they enter treatment for substance use disorder and can show six months of “substantial compliance” with those treatment programs. In addition, prosecutors cannot press charges for both possession and use for the same instance, preventing “stacking” of charges for one incident.

Another concession that House Republicans asked for and got was a provision requiring the state let local media know when a methadone clinic or other opioid treatment facility is opening. Such notices can often inflame public opinion: late last year, a new opioid treatment center in Lynnwood faced furious opposition from local residents before it opened in January.

The bill that passed today replaces a temporary bill passed in 2021 that had set possession at a simple misdemeanor punishable by up to 90 days in jail. The temporary law was prompted by the Washington State v. Blake ruling, which tossed out the former statute which defined possession as a felony over a fairly narrow question of “knowing” possession. That temporary law was set to expire in July, thus forcing the legislature to take action this session.

“I wish there were no criminal charges,” Rep. Nicole Macri (D-43, Seattle), who voted against the final version of the bill, told PubliCola, “There’s no evidence that a criminal charge is going to help. And there’s lots of evidence that criminal charges and incarceration all have negative consequences, both in the short term and the long term. And so, I’m saddened.”

The drug bill also includes $62.9 million ($19.6 million more than the previous version of the bill) in spending on an array of services and programs including housing, recovery and treatment services, diversion programs, new mobile methadone clinics, creating pilot “health hubs” designed to lower barriers to treatment and services, and funding to boost the number of public defenders.

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Alison Holcomb, political director for the ACLU of Washington, which has been supportive of decriminalization and investigating a safe supply system, says her organization is disappointed in Democrats—who control both houses of the legislature and the governor’s office—for failing to end the war on drugs in Washington state.

“It’s fairly heartbreaking that legislators who negotiated this bill prioritized partisan compromise over what modern science tells us can save lives,” Holcomb said. “We’re continuing the same strategy of holding punishment over people’s heads as a motivator to coerce them into treatment that is of a finite length of time. And both the coercive feature of that approach and the notion that treatment is something that we can get done in 28 days, six months, or even a year, contravenes modern science.”

Holcomb pointed out that a fiscal note prepared for a previous version of the drug possession bill that set drug possession as a gross misdemeanor estimated that 12,000 new cases will be filed each year in district and municipal courts across the state because of the bill.

Rep. Goodman, who described the negotiating process over the final bill as collegial but akin to being “subjected to a series of small surgeries,” said he’s hopeful this won’t be the last time the legislature reworks its approach to drug use. “The conversation on the failure of the war on drugs will continue to progress,” he said. “I think we’ll be demonstrating through these policies that harm reduction works. So I’m not too disappointed. But I’m not living in a fantasy world.”

In Seattle on Tuesday, council members Sara Nelson and Alex Pedersen, alongside city attorney Ann Davison, announced they would introduce a new version of their legislation to criminalize public drug use that will put that proposal in line with the state’s new drug possession and public use laws.

In April, the three proposed a new ban on public drug use at the city level in response to the legislature’s failure to pass a Blake-related drug bill. In a press release, Nelson said, “Now that Olympia has appropriated resources for treatment and adopted a fix for Blake, we’re bringing our legislation into alignment to remove any further cause for inaction on the most critical public health and public safety issue of our time.”

Addiction, Drugs, Guest Contributor, legislature

We Must Support People Who Use Substances, Not Punish Them. Here’s How.

 

Harm reduction includes widely accepted approaches such as needle exchanges and more recent innovations like fentanyl testing strips. Todd Huffman from Phoenix, AZ, CC BY 2.0, via Wikimedia Commons

By Susan E. Collins, PhD

Editor’s note: This Tuesday, the Washington State Legislature will convene in a special session to pass a new drug law, after a 2021 state supreme court decision known as Washington v. Blake effectively decriminalized drug possession. The legislature passed a temporary law re-criminalizing drugs until July 2023, expecting to pass a more comprehensive drug law during the legislative session that just ended; when legislators failed to reach an agreement, Gov. Jay Inslee called a special session to deal with Blake.

After decades of the failed and costly war on drugs, we have collectively learned that we cannot punish and incarcerate people into sobriety and wellness. And in the wake of the 2021 Washington State Supreme Court Blake decision, we have a once-in-a-lifetime opportunity to ensure recovery, not punishment, for people with substance use disorders by using the evidence-based tools of harm reduction.

However, more punitive measures are currently gaining traction, as state legislators and local government officials consider making public use, drug possession, and/or failure to comply with sobriety-based treatment punishable with jail time and fines.

Why? Some argue jail time can serve as a wake-up call. But recent studies have shown incarceration is associated with worsened physical and mental health, including increased drug use. And it can be deadly: Washington state has the fourth highest jail mortality rate in the country. Due to stronger opioids like fentanyl, jail time can also set people up for overdose. That’s why, in Washington state, people who get out of jail have a risk of overdose death that is at least 16 times higher than for everyone else.

We talk about how to be safer and healthier, even if patients continue to use, and we track metrics to show incremental positive changes. Our studies show this approach to be engaging and effective.

Once we learned these old ways were hurting and not helping, my colleagues and I at the Harm Reduction Research and Treatment (HaRRT) Center at the University of Washington started to ask people who use substances how we could do better. They told us to meet them where they are and not require them to get sober to get help. They wanted to learn, step-by-step, how to reduce substance-related harm and improve quality of life for themselves, their families and their communities. This is called harm reduction.

After spending the past 15 years testing such approaches, here’s what our research and clinical group has found.

Our evaluations of law-enforcement assisted diversion showed that diverting people away from jail to harm-reduction case management and legal assistance was associated with 60 percent lower recidivism, reduced legal and criminal justice system use and costs, and greater likelihood of obtaining housing, employment and legitimate income.

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Another successful community-level intervention is providing Housing First, or immediate, permanent, low-barrier housing and supportive services that do not require sobriety to help people meet their basic needs. Contrary to some people’s initial fears, our research has shown that providing Housing First does not “enable” substance use. Studies of Housing First here in Washington State show that it is associated with long-term reductions in alcohol use, alcohol-related harm, and use of jail and publicly funded healthcare. These findings have held in rigorous tests in other parts of the world as well.

Low-barrier shelters, which provide safer-use equipment and spaces, are another effective way to reduce harm. Our evaluation showed this approach did not increase substance use. In fact, people staying in the low-barrier Navigation Center in Seattle were 23 percent less likely to report any alcohol or drug use for each month after their move-in date. Instead, this approach was linked to better general health and a stronger commitment to protecting self and others through safer use.

In another approach, harm-reduction treatment, which can include counseling alone or combined with medication, clinicians set aside a demand for sobriety and instead ask patients, “What do you want to see happen for yourself?” We talk about how to be safer and healthier, even if patients continue to use, and we track metrics to show incremental positive changes.

Our studies show this approach to be engaging and effective. Over 90 percent of those approached have accepted help. We have also seen use and substance-related harm cut in more than half. And even though this harm-reduction treatment approach doesn’t require sobriety, positive urine tests for alcohol decrease as well because some patients decide to get sober after all.

In the case of one client, it took a year and a half to stop using, but even before then, he was reducing his use, recovering from depression, and rebuilding a relationship with his family after 5 years of prison and unsheltered homelessness. He sent me a picture of him and his family at Disneyland, captioning it with “It took a village. But harm reduction worked for me. For the first time in my life, I am truly happy.”

At this watershed moment, let’s remember to support and not punish people for having a substance use disorder. It’s not only the right thing to do, it’s what works.

Dr. Susan Collins codirects the Harm Reduction Research & Treatment Center at the University of Washington School of Medicine. The center receives no funding from the tobacco, vaping or pharmaceutical industries. She also is a professor of psychology at Washington State University. The views expressed in this op-ed are those of the author and not the positions of the University of Washington or Washington State University.

Addiction, Drugs, Economy, Mayor Harrell

Harrell Proposes Investing in Evidence-Based Approaches to Addiction as Part of Downtown Revitalization Plan

 

Mayor Bruce Harrell and City Councilmember Sara Nelson

By Erica C. Barnett

Mayor Bruce Harrell issued an executive order Monday expanding Health One to include a new overdose response unit aimed at getting people into treatment, directing the Seattle Police Department to “prioritize enforcing [illegal drug] sales and distribution related crimes to the fullest extent permissible,” and committing the city to “site, explore funding for, and work with the University of Washington Addictions, Drug and Alcohol Institute (UW ADAI), and County partners to establish a post overdose diversion facility where EMS can bring people after non-fatal overdoses to recover, get stabilized on medications, and access resources.”

Currently, when medics revive someone who has overdosed, the person can either agree to go to the hospital, where they’ll get information about treatment, or decline; a post-overdose facility would provide another route for people who would ordinarily decline additional care.

“What’s going to happen now is that [in addition to Fire Department medics], Health One is also going to respond” to overdoses, Seattle Fire Chief Harold Scoggins said at an event announcing the order in Pioneer Square Monday afternoon. “Health One comes with case managers and firefighters who are trained [to] talk to folks and really explain the resources that are available to them. After the fire units leave, the police units leave, Health One will still be on the scene.”

The order also endorses an evidence-based harm reduction strategy called contingency management, which involves providing incentives, such as low-dollar gift certificates, to drug or alcohol users who enroll in treatment and stay clean.

Harrell didn’t have many details about the plan to open a post-overdose response site, such as how it would be funded, who would staff it, or—importantly—why people who overdosed and refused to go to Harborview would be willing to go to a different facility. “Full disclosure: How it’s staffed, how we fund it—that’s the work we’re trying to do now, because in looking at the numbers of fatalities and overdoses, we realize that’s sort of a gap in our treatment scenario,” Harrell said.

The order also endorses an evidence-based harm reduction strategy called contingency management, which involves providing incentives, such as low-dollar gift certificates, to drug or alcohol users who enroll in treatment and stay clean. Contingency management has been especially effective at reducing stimulant use, for which—unlike opiates—there is no drug-based treatment. “We will do what makes sense to get people in treatment,” Harrell said.

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City Councilmember Sara Nelson, who is in recovery and has previously expressed opposition to harm reduction approaches like medication-assisted treatment, called  contingency management a “proven method…  that rewards people who want to stay sober, and get on the path to long term recovery, no matter what their addiction.” After the press conference, she told PubliCola the program already has a funding source: Seattle’s share of a statewide fund that resulted from a settlement in the state’s lawsuit against the three largest opiate distributors.

The executive order also commits the city to “convene a workgroup to map out the various local, county and state programs and services available to treat and respond to the opioid and synthetic drug crisis.”

“This time-limited workgroup will be tasked with identifying gaps in our current systems and making recommendations on how to better coordinate a treatment-first approach to reducing substance abuse disorders and overdose rates. The workgroup will also assess ongoing investments and programs to determine what is working well and how existing investments could be expanded to serve more people.”

As a separate part of the downtown plan, the head of the city’s Office of Economic Development, Markham McIntyre, announced that the city will reopen City Hall Park next to the downtown King County Courthouse, which has been closed and fenced off since 2021 (more “jumbo chess boards”); open up streets to pedestrians  more often for special events, including, “perhaps, on-street pickleball tournaments”; and ask the Washington Liquor and Cannabis Board for “sip and stroll” liquor permits that would allow people to walk around with drinks during events like First Thursday art walks.

Addiction, Crime, King County, Opinion

“High Utilizers” Report Embraces Jail as Solution to Addiction and Crime

By Erica C. Barnett

When City Attorney Ann Davison announced her “high utilizers initiative” last year, she said it would go beyond previous attempts to punish people who commit misdemeanors by connecting them to case management, treatment, and other services. In reality, according to a report from Davison’s office, the initiative has only managed to temporarily incapacitate some people by locking them in the understaffed downtown jail, a “solution” to crimes like shoplifting and trespassing that does nothing to address the root causes that lead people to use drugs, steal from stores, and act out in public.

The report appears to feature a lot of hard numbers, but a closer look reveals that many are based on assumptions about how individual people would behave—assumptions that would undoubtedly be altered by effective interventions like housing, mental health care, and addiction treatment focused on harm reduction rather than coercion.

According to the report, the high utilizers list included 168 people over the last year—all individuals who have had at least 12 misdemeanor referrals to the city attorney’s office over the prior year, and at least one in the most recent eight months. Of those, 142 were booked into the downtown jail for misdemeanors or warrants, under a special exception to jail rules that have eliminating booking for most misdemeanors. On average, each “high utilizer” served 117 days in jail in jail last year—nearly four months per person.

In January and February 2022, before the high utilizer initiative went into effect,  the average daily population at the downtown jail was 910; for the same period this year, it was 1,220. The increase is the result of a complex mix of factors, but jailing 142 people for low-level misdemeanors is undoubtedly among them.

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Because most of the people on the high utilizers list ended up incarcerated, the report notes, they ended up fewer crimes than they had in previous years, averaging 2.7 misdemeanor referrals per year compared to a pre-initiative average of 6.3. This, the report says, is proof the initiative is working: “The principal reason for the significant drop in high utilizer criminal activity was that they were quickly held accountable and booked into jail for their criminal activity,” the report says. “Holding high utilizers accountable for repeat criminal conduct is the game-changer that reduced their impact on the City.”

Already, these numbers are speculative—who can say, for example, whether a “high utilizer” who received housing and case management, rather than blunt-force punishment, would have gone on to commit their own “average” number of misdemeanors? The report veers further into extrapolation and guesswork with an “estimate” that locking people on the list up for misdemeanors has prevented “over 750 criminal police referrals reflecting many thousands of criminal acts.” If this is true (and if “high utilizers” are really superpredators who deserve harsher treatment, including exclusion from community court), the city’s overall misdemeanor rate should have declined appreciably. Yet according to the Seattle Police Department’s 2022 crime report, misdemeanor theft (which includes shoplifting and theft from buildings) went up 5 percent last year.

The report includes “examples of reduced public safety impact” identifying some of the high utilizers by first name and last initial, making them easily identifiable—something PubliCola has not done when writing about the initiative in an effort to avoid re-traumatizing people who may have been targets of negative media attention. It also lists people, by name, who “absconded” from mandatory treatment for their addictions or died during the period covered by the report.

Not surprisingly, the report also concludes that people “failed” to follow through with coercive residential treatment, which has an extremely low success rate, particularly for people with co-occurring mental illness and those experiencing homelessness. Even people who voluntarily enter residential treatment for opiate use disorder are likely to leave against medical advice, and the vast majority of people who enter traditional residential treatment relapse—facts that ought to argue in favor of different solutions, rather than more of the same.

According to Davison’s report, though, the problem is that the people on her list just aren’t “ready” to accept the treatment they’re offered.

Image from original high utilizers initiative announcement

“While there were a small handful of success stories, the great majority of times in which out-of-custody addiction treatment services were offered and accepted, the defendant fled within the first 24 hours,” the report says. “At least five high utilizers absconded on more than one occasion when they were given a chance to address their substance use disorders with treatment. … That leads us to the conclusion that most high utilizers are not ready to go direct to out-of-custody, voluntary addiction treatment programs.”

“If individuals stabilize during in-custody time, there is an opportunity to successfully graduate the individual to out-of-custody residential treatment after they had demonstrated active participation,” the report concludes.

King County does offer medication for opiate dependency behind bars—an evidence-based solution that, unfortunately, doesn’t work long-term if a person doesn’t have immediate access to equivalent treatment when they’re released. As we’ve reported, the county’s jail-based treatment programs suffer from the same lack of staffing that has led the ACLU to sue the county over inmates’ lack of access to basic physical and mental health care; jail-based treatment also has the best chance of succeeding if people can immediately access housing and health care when they’re released, something the jail system is poorly equipped to provide.

Addiction, criminal justice, Drugs, legislature

New Drug Possession Bill Emphasizes Coercive Treatment

State. Sen. June RobinsonBy Andrew Engelson

Democrats in the legislature are making procedural moves that will decide what the state’s new drug possession law will look like—an exercise that became necessary after the state supreme court’s 2021 ruling Blake v. State of Washington invalidated existing law. 

Whatever bill emerges will correct the element of current law the court found unconstitutional:  that someone who “unknowingly” possesses drugs could still be convicted. But the legislature is also taking the opportunity to debate what the state’s approach to drug use, and an unprecedented overdose crisis, will be. Various camps in this debate favor a criminal justice approach; a coercive treatment approach; or a public health approach focused on decriminalization.

The bill that has emerged from committee in the senate favors the “middle” option—coercive treatment—and amendments added in the past few days double down on that strategy.

Sen. Manka Dhingra (D-45, Redmond), who chairs the Law & Justice committee, is a strong supporter of decriminalization and safe supply. But her bill moving things in that direction,  which would implement recommendations in a report issued in December by the Substance Use Recovery Services Advisory Committee (SURSAC), didn’t have the votes to pass the Senate and never made it out of committee.

What did survive is a bill sponsored by Sen. June Robinson (D-38, Everett), that would make possession of a “small amount” of schedule 2 drugs (which include cocaine, fentanyl, and methamphetamine) a gross misdemeanor and require prosecutors to offer defendants diversion to treatment instead of jail time. 

“We’re basically saying: Upon conviction, you’re auto-enrolled in a substance abuse treatment program. But if for whatever reason you fail, if you choose to exit the program because you don’t feel like doing it—now there’s going to be consequences.”—Sen. Mark Mullet (D-5, Issaquah)

Last Friday, when the bill was in the Ways and Means committee, vice chair Sen. Mark Mullet (D-5, Issaquah) succeeded in adding a major amendment to the bill empowering (and in some cases requiring) judges to impose jail sentences on defendants who fail to complete treatment.

Mullet told PubliCola he filed the amendment with input from Sen. Jesse Salomon (D-32, Shoreline), whose own drug possession bill, which is more punitive than either Dhingra’s or Robinson’s, failed to make it out of committee.

“We’re basically saying: Upon conviction, you’re auto-enrolled in a substance abuse treatment program,” Mullet told PubliCola. “But if for whatever reason you fail, if you choose to exit the program because you don’t feel like doing it—now there’s going to be consequences.”

This sort of language, focused on pushing drug users into treatment and demanding results, mirrors testimony that Salomon, who works as a public defender, gave during a committee hearing for his bill on Feb 6. Introducing that bill, Salomon expressed concerns about an “unacceptable level of public, open drug use,” and then told a story about seeing people using fentanyl outside his child’s day care, lamenting what he called  “a high level of public disorder and a decrease in public safety.” 

“Our current referral system… “ Salomon said in his testimony, “effectively only asks people to get help, but has no consequences when those folks don’t get help.”

Caleb Banta-Green, a researcher on substance use disorder at the University of Washington— and a member of the SURSAC committee that recommended decriminalization—says this approach ignores the realities of opioid and stimulant use. 

“You don’t treat substance use disorder,” Banta-Green said, “You manage it as a chronic relapsing condition. One of the challenges when the criminal legal system is involved is that if you have a return to use, you’re a failure and you’re committing a crime. Rather than: you’re showing symptoms of your disease and we’re going to continue to provide you care.”

Mullet’s amendment would give judges discretion on the first offense, but on the second offense, those who fail to complete treatment will face a minimum of 21 days in jail, and for a third offense a minimum of 45 days—sentences Mullet said are often be knocked down, with good behavior, to 14 days and 30 days, respectively.

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“Our hope is that in those 14 days, people can go through that kind of challenging withdrawal process where they don’t have access to substances,” Mullet said. “Then hopefully, at the end of those 14 days, now they’re in a better spot to realize: oh, maybe I should get treatment.”

Banta-Green says this is the approach the state has used for decades, and he believes it’s ineffective and harmful. “Incarceration is not innocuous,” he said. “I think legislators think it’s like having to go to a Motel 6 for the weekend and miss out on some parties.” A drug conviction and jail time can be a “scarlet letter” that limits a person’s future opportunities; it also “dramatically increases [the] risk of overdose,” Banta-Green said.

Two academic studies of people released from Washington state prisons have shown that the majority of deaths among those recently released from prison were overdoses and that within two weeks of release, inmates were 129 times more likely to overdose than the general population. 

Michelle Conley, director of integrated care at REACH, which serves unhoused Seattle residents with substance abuse disorders, says that for many of her clients who end up incarcerated, jail is detrimental to recovery. “People are traumatized by jail,” Conley said. “And then we’re 15 steps back from where they were. As providers we have to engage with them and rebuild trust… to make sure they see us as a provider and not just a part of the system.”

Even the bill’s seeming compromise between criminalization and decriminalization—coercive treatment—is problematic, Conley said.

Conley said the expectation that someone can be pushed into recovery with one session of 30 to 90-day inpatient treatment is unrealistic, especially if they’re released from treatment without ongoing support. “Churning people through this kind of treatment mill, and then sending them back on the streets, really serves as little more than a moment of respite,” Conley said. “Especially when people are released back to the same circumstances that drove them, oftentimes, to aggressive use.”

Not everyone who uses drugs needs to go to treatment, Banta-Green said, and people who would benefit from services “don’t want the treatment we have,” which often takes an all-or-nothing approach to sobriety. Instead of coercing people into conventional treatment with the threat of jail time, Banta-Green believes the state should implement one of the SURSAC committee’s recommendations: aggressively funding “health engagement hubs” that offer a range of services and treatment options to people who use drugs, including comprehensive harm reduction, health care, mental health care, addiction treatment, and medications.

“I absolutely believe that the criminal justice system is not the right place to deal with addiction. It’s just—this is where we are. And we need to move to provide alternatives, to provide other systems, and to fund and destigmatize other ways of helping people through addiction.”—Sen. June Robinson (D-38, Everett)

Banta-Green’s research team has worked with local public health agencies to establish pilot hubs in Seattle, Kennewick, and Walla Walla. He says the state would ideally have one of these hubs for every 200,000 residents, for a total of about 38 such facilities statewide.

Robinson’s bill directs the Washington Health Care Authority to “make sufficient funding available” to create health hubs within a 2-hour drive of all residents at the ratio to population Banta Green recommends. The bill also appropriates a $51 million—much of it from the state’s legal settlement with prescription opioid manufacturers—to fund opioid use disorder medications, crisis relief centers, and grants to LEAD and other programs that offer alternatives to arrest or jail time.  

Among other provisions, the bill legalizes handing out drug paraphernalia (such as smoking supplies) statewide, but an amendment added in the Ways and Means committee by Sen. Keith Wagoner (R-19, Sedro Woolley) would allow cities to opt out of that provision.

Dhingra added language to the bill that would set up a working group to study the creation of a safer drug supply system. Canada has incrementally started to experiment with prescribing pharmaceutical-grade drugs such as fentanyl to drug users to reduce the risk of overdose from street drugs, whose contents are unpredictable. However, that language also got stripped out of the bill in Ways and Means.

Following a year when King County had a record 998 fatal drug overdoses, all options should be on the table, Dhingra said.

 “If you want to help people get to recovery,” she said, “you have to make sure they’re alive in order to do that.”

Sen. Robinson, who sponsored the bill now moving forward, told PubliCola she believes her legislation offers a politically viable balance between restoring some criminal penalties and providing options for treatment.

Robinson, who has a masters in public health, said, “I truly believe all the research” about the need for a variety of approaches to drug use and addiction. “I absolutely believe that the criminal justice system is not the right place to deal with addiction,” she said. “It’s just—this is where we are. And we need to move to provide alternatives, to provide other systems, and to fund and destigmatize other ways of helping people through addiction.”

Robinson’s bill will likely get a floor vote this week, and it’s also likely that supporters of each competing approach to drug policy will offer a frenzy of competing floor amendments to shape the final bill. 

Addiction, City Council, legislature, Morning Fizz, Transportation

State Could Eliminate Jaywalking Law; Right-Wing Group Attacks Seattle Council for Addiction Program They Had Nothing to Do With

1. If you’ve ever lived outside the Pacific Northwest, or spent time in virtually any big city elsewhere, you may wonder why the state of Washington still has, and enforces, laws against “jaywalking”—the practice of crossing the street midblock or while the light is green but the road is clear. (“Jay-walking” is an antique slur for a rube who doesn’t know enough to keep out of the road). Crossing the street in an area other than an intersection or against a signal can set you back $68, and you’re far more likely to be targeted if you’re Black; according to a 2017 analysis, more than a quarter of jaywalking tickets issued between 2010 and 2016 went to Black pedestrians, even though just 7 percent of Seattle residents are Black.

This year, legislators plan to propose a bill that would eliminate the specific law against jaywalking—or “crossing not at a crosswalk,” as the state’s 57-year-old jaywalking law describes it—which would make it legal to cross the street as long as it’s safe to do so. During a recent Transportation Choices Coalition-sponsored forum, state Sens. Javier Valdez (D-46) and Marko Liias (D-21), the head of the Senate Transportation Committee, noted that legislators laid the groundwork for getting rid of the jaywalking ban by specifying that pedestrians, like drivers, must exercise “due care” when using roads and sidewalks.

Now, Liias said,  “I don’t think we need a specific violation for jaywalking, because if law enforcement sees someone that’s violating that duty of care, just like if they see any other user [doing so], they already have tools to hold that person accountable. When you look at the history of how these laws were used, it’s clear that there’s been disproportionate enforcement against low-income and BIPOC communities.” Basically, Valdez added, the change would give people the ability to use common sense when crossing the street without risking an automatic penalty. In areas where stoplights are far apart, the rational choice is often to cross midblock rather than walking a quarter-mile or more each way just to get to the other side of the road.

TCC, along with Commute Seattle, the King County Department of Public Defense, and other groups have started a coalition called Free to Walk Washington to support the elimination of jaywalking laws, which would follow similar changes in California, Virginia, Nevada, and Kansas City, MO.

2. Change Washington, a “strategic communications organization” funded by the right-wing organization Project 42, often makes and promotes some pretty outrageous claims about the city of Seattle on its website, which includes cross-posts from Project 42-funded ventures like the podcast of a well-known former local FOX reporter. Last week, though, they got the attention of a Seattle City Council member with a post that not only mischaracterized a well-established addiction management technique called contingency management, but accused the whole city council of proposing a “giveaway to drug addicts”—a claim without even a passing connection to reality. (The post uses the sneering slur “addict” no fewer than seven times.)

Contingency management is a method of helping a person reduce their drug consumption by offering them small rewards, such as money, a gift card, or a small prize, for a negative drug test. In numerous studies, contingency management has been found to be one of the most effective methods for reducing or eliminating drug use, particularly among people whose main drug of choice is stimulants, for which there are no broadly effective medications. There is longstanding, research-backed scientific consensus that contingency management works. Even so, the city council has never proposed funding it.

“The budget that City Council passed last month does not include funding for a contingency management program,” Herbold wrote Change Washington in an email. “I am unaware of any City Councilmember that has a proposal for a contingency management program,” she added, since the city doesn’t fund public health care programs—the county does. King County’s DCHS Behavioral Health and Recovery Division got approval last year to fund a contingency management pilot project.

After mischaracterizing contingency management as a frivolous “giveaway to addicts” that will just give them money to buy drugs and mocking its proponents for supposedly thinking “gift cards cure mental illness,” the conservative group also trashed needle exchanges, which prevent the spread of diseases like HIV and hepatitis, and said a better solution would be to force addicted people into (presumably locked) mental health facilities where they could be “monitored” to make sure they changed their ways. The post ends with a warning to council members about next year’s elections. But it looks like the election disinformation has already started.

Addiction, City Council, Development, Morning Fizz, Police

Diaz Almost Permanent Chief; Sawant Wants Impact Fees; Another Residential Treatment Center Shuts Down

1. Members of the city council’s public safety committee, which voted unanimously to appoint interim police chief Adrian Diaz to the permanent police chief position on Tuesday, were mostly effusive about Diaz’ performance at the final public hearing on his appointment, praising him for his efforts to recruit new officers, reinstate the community service officer program, and work collaboratively with the council. Council members did have a few pointed questions, though, about Diaz’ commitment to replacing police with civilian responders.

Like many other cities across the country, Seattle committed to creating new community-based alternatives to traditional policing amid protests against police violence in 2020; since then, other cities have moved forward with new strategies while Seattle has bogged down in process.

“Around the same time that members of this council were talking about creating a third public safety department and civilian alternatives to police, Albuquerque also started their journey. The difference between them and us is that we have two years of resolutions, workgroups, promises, talking, [and] misrepresentations [from the previous administration].”—Councilmember Andrew Lewis

“Around the same time that members of this council were talking about creating a third public safety department and civilian alternatives to police, Albuquerque also started their journey,” Councilmember Andrew Lewis said. Albuquerque, Lewis noted, has a similar budget to Seattle’s and has also seen its police department shrink from around 1,400 to fewer than 1,000 officers.

“The difference between them and us is that we have two years of resolutions, workgroups, promises, talking, [and] misrepresentations” from the previous mayoral administration, while Albuquerque stood up its new public safety department in 2021 and has diverted thousands of calls from the police department.

As we’ve reported, SPD is still in the middle of a lengthy risk analysis that is supposed to determine which kind of 911 calls are safe enough for a civilian response. That process is expected to stretch into 2024. Meanwhile, according to SPD’s latest hiring projections, the department will only grow by 18 fully trained officers in the next two years.

While transferring some low-risk work to trained civilian responders would be one way to free up SPD officers for police work and investigations, another option could be reducing the amount of overtime police burn through directing traffic and providing security for sports events, which added up to more than 91,000 hours through October of this year. Diaz didn’t seem particularly open to this suggestion, either, noting that there is always a risk of violence at large events, such as someone trying to drive through a barricade.

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2.  Also on Tuesday, the city council voted unanimously to move forward with a plan to exempt many affordable housing projects from the design review process for another year—effectively signing off on the once-controversial view that design review leads to unnecessary delays that makes housing more expensive.

However, one of those “yes” votes, Councilmember Kshama Sawant, voted “no” on a separate package of amendments to the city’s comprehensive plan because they did not include “developer impact fees,” which some cities levy on housing developers to offset the toll new residents create on urban infrastructure like roads and sewers. One reason such fees are controversial is that they imply that new housing has a negative impact on the city, without considering the positive impacts (such as reduced traffic congestion, less sprawl, and more customers for local businesses) of dense, vibrant neighborhoods.

Since the city can’t pass developer impact fees until they’re included in the comprehensive plan, Sawant said, the vote to approve the amendments “means that we need to wait another year to make big developers pay for the impacts they have on our city infrastructure and for the profits they make without paying even this minimum of compensation for the city’s working people.” During the 2020 budget deliberations, Sawant joined her colleague Councilmember Alex Pedersen in seeking $350,000 for a study of impact fees; although Pedersen is generally far to the right of socialist Sawant, a shared opposition to most development frequently puts them on the same side of housing-related issues.

Low-income people and people experiencing homelessness often have to wait weeks or months before getting into residential treatment—a fact that flies in the face of calls to force more people in crisis into treatment under the state’s involuntary treatment law.

3. Pioneer Human Services, which offers treatment to low-income people with substance use disorder, is closing its 50-bed Pioneer Center North facility in Skagit County next month amid an acute regional shortage of residential treatment beds for low-income people and people seeking treatment during or after serving time in jail.

According to agency spokeswoman Nanette Sorich, there were a number of reasons for the “difficult decision,” including the fact that “the building has been operating on a short-term lease and the facility is past its useful life. Additionally, like many behavioral health providers, we have faced significant challenges with staffing and these labor force shortages have become more acute over time,” Sorich said.

The Sedro-Wooley inpatient clinic had 77 beds before the pandemic. Pioneer Human Services will now refer potential clients to its other clinics in Everett and Spokane, Sorich said.

Low-income people and people experiencing homelessness often have to wait weeks or months before getting into residential treatment—a fact that flies in the face of calls to force more people in crisis into treatment under the state’s involuntary treatment law. Since 2018, King County has lost more than 110 residential treatment beds and is now down to 244 beds countywide. A countywide levy, on the ballot next April, would restore the number of residential beds in King County to 2018 levels; the bulk of the $1.25 billion proposal would go toward five new walk-in crisis stabilization centers across the county.

Addiction, City Council, homelessness, Mayor Harrell, Police

Nelson, Pedersen Vote to Reject City Budget Because It Doesn’t Fund Everything They Want
Councilmember Alex Pedersen and Sara Nelson
Seattle City Councilmembers Alex Pedersen and Sara Nelson

By Erica C. Barnett

Seattle City Councilmembers Sara Nelson and Alex Pedersen voted against the city council’s amended 2023-2024 budget proposal at a council budget committee meeting Monday, joining socialist Kshama Sawant—who votes against the budget every year—in an ideologically split three-vote minority. The budget, which goes to the full council for a final vote tomorrow, requires a six-vote majority to pass; if even one more council member sided with Nelson, Pedersen, and Sawant, the entire budget would fail.

Nelson and Pedersen, who frequently formed a two-vote mini-bloc during the council’s budget deliberations, explained their decision in similar terms: They couldn’t vote for a budget that doesn’t fully fund Harrell’s public safety priorities. “I cannot in good conscience endorse a final budget that, I believe, fails to learn from recent public policy mistakes on public safety and fall short on public safety for a third year in a row,” Pedersen said.

That argument would hold more water if the council had proposed actually cutting SPD’s budget. Instead, the council fully funded SPD’s (and Mayor Bruce Harrell’s) entire hiring plan, and used savings from vacant SPD positions to provide the department with an additional $17 million a year to pay for, among other things, the recruitment and retention proposals Nelson and Pedersen have supported. No other department received this kind of kid-gloves treatment; in fact, many departments face dramatic cuts next year.

The council’s budget also returns the city’s parking enforcement division to SPD, another one of Harrell’s top budget priorities.

“Minor reductions [to proposed new SPD programs] are being emphasized and exaggerated. This is the harmful rhetoric that is likely to continue to negatively impact hiring and retention.”—City Councilmember Lisa Herbold

In contrast to previous years, such as 2020, it’s virtually impossible to make the argument that the council didn’t work with the mayor to craft a budget that retains most of what he wanted—a point Councilmember Lisa Herbold made when she accused her two colleagues of contributing to a “false narrative” about public safety.

“It’s normal to debate budget issues,” Herbold said. “But these false narratives don’t make us safer.”

“Ninety-nine percent of the mayor’s proposed budget is included in this balancing package,” Herbold continued. “SPD hiring is fully funded, and they’ve begun to show some promising trends. Minor reductions to the remaining 1 percent of the budget”—the elimination of new programs, such as a gunfire surveillance system and a marketing consultant—”are being emphasized and exaggerated. This is the harmful rhetoric that is likely to continue to negatively impact hiring and retention.”

Eliminating these new programs from next year’s budget helped the council close a late-breaking general-fund budget shortfall of $4.5 million, on top of the $141 million shortfall announced earlier this year.

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Nelson and Pedersen also objected to the council’s decision to eliminate, or abrogate, 80 of the 240 SPD positions that are currently sitting vacant; these vacant positions, which the city will use to augment the budget and fund new SPD spending next year, receive funding every budget cycle. The council’s budget will retain funding for at least 160 of these “ghost” positions going forward, and can add more positions in the future if SPD hiring suddenly skyrockets past the department’s own rather optimistic projections. Nonetheless, both Pedersen and Nelson have characterized this as an example of “defunding” the police. 

Nelson also criticized the council for failing to fund an expansion of the city’s graffiti abatement program and for moving homeless outreach workers out of Harrell’s new Unified Care Team (which the council fully funded) and into the King County Regional Homelessness Authority.

The two council members’ votes against the budget seem even less justified when you consider the concessions the rest of the council made to fund their priorities. 

Nelson, for example, got unanimous approval for a last-minute amendment that commits the city to spend some of the proceeds from a recent settlement with opioid distributors on abstinence-based rehab, marking the city’s first foray into the kind of public health decisions that are usually made by King County’s public health department.

Nelson was elected last year, and is staking out a position on the budget every bit as absolutist as Sawant’s: If the rest of the council doesn’t support her specific priorities, she’ll vote to reject the city’s budget wholesale.

In an op/ed earlier this year, Nelson expressed her view that medication-assisted treatment, such as the use of suboxone (an opioid) to treat opiate addiction, is “not aimed at long-term recovery.” This is the opposite of scientific consensus (the federal government’s substance abuse agency, for example, has a far more expansive definition of recovery that embraces long-term medication), but in line with Nelson’s general opposition to harm reduction programs— like the Public Defender Association’s LEAD and Co-LEAD programs, which provide case management and housing to people with addiction and other behavioral health issues.

Pedersen, meanwhile, managed to wrangle $3.5 million a year for bridge maintenance out of the Seattle Transportation Benefit District tax, which is supposed to fund transit, by arguing that because buses and bikes also use bridges, funding for bridges is a transit investment. That amendment passed 5-4—a major win for Pedersen at the expense of future transit projects.

Nelson was elected last year, and is staking out a position on the budget every bit as absolutist as Sawant’s: If the rest of the council doesn’t support her specific priorities, she’ll vote to reject the city’s budget wholesale. Time will tell if she continues down this all-or-nothing path.

Pedersen, in contrast, has apparently had a dramatic change of heart. Just two years ago, Pedersen wrote in a Seattle Times op/ed that it would be irresponsible for him to vote against the 2020 budget—which included far more dramatic changes than this year’s plan—just because he didn’t like everything that was in it.

“People are yearning for functional government. If the budget does not pass, nothing gets done,” Pedersen wrote. “No budget is perfect. Our constituents have diverse and conflicting views. A budget with positives and negatives is a natural result.”

“And to my constituents who ask, ‘Why did you vote the same way as Kshama Sawant?,” Pedersen concluded,
“I didn’t. She voted No.” This year, so did Pedersen.

Addiction, City Council, Economy, homelessness, human services, Mayor Harrell, Police, Taxes

Council Budget Eliminates 80 Vacant Police Positions, Preserves Human Service Pay, Moves Parking Officers Back to SPD
City Council budget chair Teresa Mosqueda

By Erica C. Barnett

The Seattle City Council’s budget committee, which includes all nine council members, moved forward on a 2023-2024 budget yesterday that will move the city’s parking enforcement division back to the police department, preserve inflationary wage increases for human service workers, and increase the city’s funding for the King County Regional Homelessness Authority—all while closing a late-breaking budget hole of almost $80 million over the next two years.

Every fall, the mayor proposes a budget and the council “rebalances” it, adding spending for their own priorities and removing items to keep the budget balanced. In November, after many council members had already proposed substantial changes to Mayor Bruces Harrell’s initial budget proposal, the city received news that tax revenues would be even lower than previously anticipated. The biggest unanticipated shortfall came from a decline in real-estate taxes, which pay for long-term capital projects, but other revenues, including parking taxes and money from the sweetened beverage tax, also declined.

Last week, council budget chair Teresa Mosqueda proposed a balancing package that saved money by declining to fund most of the new programs and program expansions Harrell proposed in his budget, while making several substantive policy changes. Among the most controversial: A proposal to eliminate 80 vacant positions in the police department, and a related plan to to keep the city’s parking enforcement officers at the Seattle Department of Transportation (SDOT), rather than moving them back to SPD, while the city decides on a permanent home for the unit.

“Our mayor’s budget did not delete these 80 [vacant police] positions, and if we trust in what the mayor asks for regarding public safety and the budgeting knowledge and skills and best practices of the city budget office, I don’t think we should do anything different here.”—Councilmember Alex Pedersen

The budget the committee adopted Monday night, nearly 12 hours into a meeting that began at 9:30 that morning, will eliminate the 80 vacant positions, while preserving another 160 vacant positions in future years. Vacant positions continue to be funded year after year unless the mayor or council takes action to defund them temporarily and use the money for other purposes, as Harrell’s budget does this year. Both the proposed budget and the one adopted by the committee on Monday use money  that would have gone to the 80 vacant positions to augment the city’s general fund, while using the savings from another 120 positions to pay for new spending within the police department. This week, the council got word that SPD had identified another 40 vacant positions, for a total of 240.

Council member Alex Pedersen opposed eliminating the 80 unfilled police positions, arguing that it would be wrong for the council to go against the “wisdom” of the City Budget Office, the mayor, and police chief Adrian Diaz, who want to keep as many positions vacant but funded as possible.

“Our mayor’s budget … did not delete these 80 positions, and if we trust in what the mayor asks for regarding public safety and the budgeting knowledge and skills and best practices of the city budget office, I don’t think we should do anything different here by abrogating or deleting these 80 positions,” Pedersen said.

Council member Sara Nelson added that eliminating vacant positions as a recurring budget line item could discourage people from applying for jobs at SPD and send a message to existing officers that the city did not support police hiring.

In response, council public safety chair Lisa Herbold pointed out that the budget fully funds the mayor and SPD’s hiring plan, which would increase the department by a net total of 30 officers in the next two years. (This hiring plan assumes a complete reversal, and then some, of current SPD hiring trends). It also keeps the remaining 160 vacant positions on the books, where they will be funded again automatically in 2025. For the city to need the 80 positions the council eliminated Monday, it would have to hire at least 190 net new officers, not counting new recruits who replace officers who leave the department. If that very unlikely scenario came to pass, the council could add funding for more officers—as it has many times in the past.

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“It’s really disappointing that … some people seem unwilling to say that the hiring budget is fully funded for the next biennium for the council to act on,” Herbold said. “That would send a positive factual message, rather than … distort what an abrogation of positions would do for the budget.”

Nelson and Pedersen also cast the only votes against a Herbold-sponsored proviso, or spending restriction, requiring the police department to get council approval if they want to use their staffing budget for anything other than salaries and benefits, arguing it was important to give SPD special flexibility to spend their budget how they want to.

“I believe we should stop micromanaging the use of salary savings and exercise some humility going forward because we simply don’t know what needs will need to be met,” Nelson said. “[Extra] overtime, for example, if there’s an earthquake or a mass shooting or something.”

In a last-minute compromise with Harrell’s office, the council agreed to move parking enforcement from SDOT to SPD, as PubliCola reported Monday. The compromise amendment uses administrative savings from the move (almost $9 million a year) to pay for several council spending priorities, including $1 million in one-time funds to support the Public Defender Association’s LEAD and Co-LEAD programs, which Harrell’s budget partially defunded; $1 million to “activate” City Hall Park in Pioneer Square, which has been fenced off since the summer of 2021; and $1 million for RV parking and storage “associated with non-congregate shelter,” among other new spending.

In a separate amendment, the council provided an additional $2 million a year for LEAD and Co-LEAD, which the PDA says still leaves them $5.3 million a year short of what it needs to fully fund both programs. The two programs provide case management and (in the case of Co-LEAD) hotel-based shelter for people involved in the criminal legal system, including many with behavioral health conditions that make it harder to find housing.

Morales had more success with another amendment that would place a budget proviso, or restriction, on $1 million in 2023 spending from the city’s transportation levy, requiring SDOT to spend it replacing plastic bollards that do not actually “protect” bike lanes with concrete barriers that do.

Here are some more highlights from Monday’s meeting, which was the last chance for council members to make substantive changes to the budget; for budget changes the council agreed on prior to Monday’s meeting, check out our coverage of those changes from last week.

• The council turned down proposals to place extra scrutiny on two programs that the council’s more conservative faction, led by Pedersen and Nelson, generally oppose. For example, they voted to remove $1.2 million in funding (all numbers are two-year figures) that Nelson wanted to spend on two full-time city staffers who would evaluate the JumpStart tax, which was just implemented last year.

The council also rejected two proposals by Nelson to apply extra scrutiny to LEAD and Co-LEAD, which take a harm reduction approach to addiction and low-level criminal activity rather than the abstinence-only approach Nelson favors (more on that in a moment). Specifically, Nelson wanted detailed information about the PDA’s subcontracts with REACH, the homeless outreach provider, and the basic details of both programs.

“What services are provided to the clients of LEAD?” Nelson asked Monday. “Which contractors do what for which program?”  because they do receive so much funding?” Additionally, Nelson proposed an amendment that would require quarterly reports on LEAD and Co-LEAD clients’ shelter and housing “acceptance” rates. Continue reading “Council Budget Eliminates 80 Vacant Police Positions, Preserves Human Service Pay, Moves Parking Officers Back to SPD” →