Category: King County

Inmates Say Jail Water Still Coming Out Brown; Morales Opposes Expansion of “Inequitable” Seattle Promise Program

1. Last week, King County’s Department of Adult and Juvenile Detention (DAJD) announced that it had resumed the use of tap water for drinking and cooking “after new tests, like all other tests performed recently, confirmed that tap water in the jail meets EPA and Washington Department of Health drinking water standards.” The jail began distributing bottled water after complaints that the tap water in cells, ordinarily the only water source for drinking, hygiene, and heating packaged foods, was cloudy or brown.

According to DAJD spokesman Noah Haglund, the county’s facilities division “has worked diligently with water quality experts to assess the quality of the water and attempt to determine the cause of any discoloration or turbidity in the water.” (PubliCola reported exclusively on the water shutdown last month). Inmates at the jail lacked tap water for more than a month while the county was doing tests, and two current inmates told us they did not have access to adequate bottled water.

Haglund provided copies of testing results that indicated the water is safe to drink. However, multiple reports from inside the jail continue to indicate that the water is brown and cloudy. According to one defense attorney, a client at the jail reported that running the faucet in his cell “causes it to turn brown/black with visible film on top and particles in it.” The mother of another inmate said her son reported that “the water is still brown” and that guards are no longer handing out water.

Haglund confirmed that the jail is no longer handing out bottled water, and said that after following up on a complaint about water quality, a jail captain “did not observe any discoloration, abnormalities, or any other inconsistencies in the water” in the south wing of the jail. “We will continue to follow up if we receive additional reports about water issues,” Haglund said.

2. As part of the city budget deliberations that are still ongoing, City Councilmember Tammy Morales, who represents Southeast Seattle, has proposed several amendments that would claw back most of $5.7 million in unspent dollars from the Families, Education, Preschool, and Promise (FEPP) levy, which funds preschool, college assistance, and other programs. Mayor Bruce Harrell has proposed investing this underspend in Seattle Promise, whose scholarships have turned out to disproportionately benefit white students, rather than the preschool programs for which the funding was originally intended.

Morales’ amendments would reduce Harrell’s proposed new spending on Seattle Promise by $1 million in 2023 and $3.7 million in 2024 and require the city’s Department of Education and Early Learning to come up with a new plan to prioritize low-income kids, first-generation immigrants, and students of color for Seattle Promise enrollment. The amendments would not reduce overall funding for the program, and it wouldn’t eliminate funding Harrell’s office has already allocated for Seattle Promise purposes in advance of this year’s budget process.

“White students get more access to more [Seattle Promise] dollars. They also have better retention rates and better outcomes than scholars of color. Until the structural problem is fixed, we shouldn’t be expanding it.”—City Councilmember Tammy Morales

The Seattle Promise program, which provides scholarships (“Tuition”) and financial assistance (“Equity Scholarships”) to Seattle high school students who attend a local college in Seattle. Most of the funding for Seattle Promise goes toward tuition, with a smaller portion paying for grants to help kids of color and low-income kids, who often don’t qualify for scholarships because they receive tuition assistance through state and federal programs, to pay for other college necessities like food and transportation.

The implementation plan for the levy says that if demand for tuition exceeds available funds, “tuition funds will be prioritized for low-income, first-generation” students and students of color. It also says that any levy funds that go unspent at the end of the year, including tuition and scholarship funds, will supplement the preschool programs that make up the bulk of FEPP levy spending. However, this language has never been adopted into law, which is why Harrell was able to propose rolling $5.7 million in unspent Seattle Promise dollars back into the tuition side of the program, rather than spending it on preschool.

Seattle Promise was explicitly designed to close race-based opportunity gaps that keep kids of color from attending college. In reality, according to Morales, almost half the program’s tuition funding has gone to white students. “The way that it is currently structured is inequitable,” Morales said at a committee meeting late last month. “White students get more access to more dollars. They also have better retention rates and better outcomes than scholars of color. … Until the structural problem is fixed, we shouldn’t be expanding it.”

So Much for That Backlash: Voters Saying “Yes” to Progressive Local Candidates

By Erica C. Barnett

Anyone hoping for a continuation of 2021’s local backlash election, when Seattle voters chose a slate of candidates who promised to crack down on crime and visible homelessness, should have been disappointed by Tuesday’s early election results, which showed progressive and left-leaning local candidates defeating their more conservative opponents by solid margins.

As of Tuesday night, public defender Pooja Vaddadi was defeating incumbent Seattle Municipal Court judge Adam Eisenberg by a margin of 56 to 43 percent; embattled progressive municipal court Judge Damon Shadid was beating assistant city attorney Nyjat Rose-Akins 69 to 30 percent; and King County Prosecutor Dan Satterberg’s chief of staff, Leesa Manion, was defeating Federal Way Mayor Jim Ferrell 55 to 44 percent.

In fairness, it’s tough to directly compare the results of an odd-year (“off-year”) local election to those of an even-year midterm when progressive voters, in particular, are keyed up and perhaps unusually attuned to electoral politics. (Creeping fascism and the imposition of forced-birth laws tend to inspire a renewed interest in democracy).

And there is a major dropoff between high-profile, ballot-topping national races and those lower down the ballot—people simply vote in the national races and ignore the local ones. For example, in King County, nearly 50,000 people voted in the US Senate race between incumbent Patty Murray and Republican Tiffany Smiley (which Murray, defying some polls, was winning handily) and then chose not to cast a vote for King County Prosecutor—a dropoff of about 10 percent. In Seattle, King County Elections has counted about 218,000 ballots; yet fewer than 130,000 of those voters bothered choosing a candidate in either of the competitive Seattle Municipal Court races.

Still, those voters who did bother to vote in local races behaved differently than last year’s electorate, choosing more progressive candidates, and by larger margins, than many (including me) predicted. Conventional wisdom before the election was that Manion would face a tough challenge, if not outright Election-Night defeat, from Ferrell, a tough-on-crime former prosecutor who had the backing of local police guilds, suburban mayors, and the Seattle Times.

Manion, though no lefty crusader, supports alternatives to prosecution and incarceration, including the Restorative Community Pathways diversion program for young people accused of first-time felonies; Ferrell called RCP a “look-the-other-way program” that lets kids off without consequences and criticized the entire concept of pre-filing diversion.

The municipal court races offer clearer ideological splits, along with margins that are unlikely to close enough to reverse the outcome after more votes are counted.

Vaddadi, who has to bring a public defender’s perspective to the bench, has accused Eisenberg of being excessively punitive toward some defendants and inflexible in his approach to domestic violence cases. Although Eisenberg has touted his work establishing the Domestic Violence Intervention Program for DV offenders who want to change, he belongs to a faction of the court that leans toward conventional, punishment-based approaches to crime, while Vaddadi represents a sharp left turn.

Shadid, meanwhile, faced what initially looked like a daunting challenge from Rose-Akins, whose primary campaign issue was the incumbent’s management of community court—a therapeutic program that enrolls qualifying misdemeanor defendants in services, including health care and case management, instead of jailing them. The city attorney’s office office battled with Shadid earlier this year when he declined to exclude Davison’s list of about 120 “high utilizers” of the criminal justice system from community court, and Rose-Akins announced her candidacy shortly after Davison won that battle.

At the state level, Democratic Secretary of State Steve Hobbs was narrowly defeating nonpartisan challenger Julie Anderson in a race that is still too close to call.

One wild card this year is the vote to decide whether Seattle will adopt a new election system; as of Tuesday, Seattle voters were almost evenly split on this question, with slightly more saying we should keep our existing system than those saying we should adopt either ranked-choice voting or approval voting. (The ballot measure splits voting reform into two questions, asking voters whether they support changing the system and, in a separate question, whether they prefer ranked-choice voting or approval voting, regardless of how they voted on the first question.)

Seattle could end up rejecting both potential new systems by voting “no” on the first part of the ballot measure, but even if they do, the results for the second half of the question show overwhelming support for ranked-choice voting—the option supported by most local progressive groups, including all of Seattle’s Democratic legislative districts.

King County will release the next batch of ballots around 4:00 tomorrow afternoon.

PubliCola Questions: King County Prosecuting Attorney Candidate Jim Ferrell

By Erica C. Barnett

Current King County Prosecutor Dan Satterberg, a former Republican who embraced a rehabilitative approach to public safety unusual among prosecutors, will retire next year after more than two decades in office. His longtime chief of staff, Leesa Manion, played a critical role in his office, helping to set and implement the policies for which Satterberg was known, including the decision to stop charging people for low-level drug possession and the creation of a number of alternatives to incarceration, including Restorative Community Pathways, which allows young people to avoid charges for first-time felonies by connecting to community-based groups and enrolling in their diversion programs.

Manion’s support for RCP and other Satterberg initiatives has made her a target for a number of tough-on-crime officials, including a group of South King County mayors who issued a statement in August demanding “improved and timely juvenile and adult felony criminal accountability at the County level,” including more prosecutions and a greater reliance on incarceration as a response to “the rising tide of crime and violence in our communities.”

Federal Way Mayor Jim Ferrell, who’s also running for prosecutor, signed this statement, as well as a letter calling on legislators to adopt harsher penalties for drug use in response to the Blake decision, which effectively decriminalized simple drug possession. Ferrell has made Restorative Community Pathways a centerpiece of his campaign, calling it a “look-the-other-way” program because participants don’t have to face charges as part of their participation in the program. As mayor, Ferrell has used similar language to describe unsheltered people, supporting his city’s ban on encampments in public spaces and accusing people who live in encampments of embracing a “lack-of-accountability lifestyle.”

PubliCola sat down (virtually) with both candidates for King County Prosecutor in September.

PubliCola (ECB): Understaffing is a major issue at the King County Jail: People can’t visit with their families or meet with defense attorneys and incarcerated people are often locked in their cells for 23 hours a day. Do you support any policies that will reduce the jail population, like releasing people who are not being held for violent offenses?

Jim Ferrell (JF): When I was seeking the the endorsement of the King County Corrections guild, I actually got to hear about a lot of these issues that are just really very difficult for them. First of all, they’re about 100 officers down, according to the guild, so they’ve got to get aggressive about filling those positions.

So, to your question, what I would say is, you can’t say “we’re just going to reduce the population of the jail” in a vacuum. What people are concerned about in the region is this sort of revolving door, where people get brought over and over and over for property crimes. So where it makes sense for community safety and where you don’t have a chronic offenders getting booked multiple times, I can see exploring that. But when people get booked for an offense, and then they’re out that later that day, that really erodes the confidence of the community that something’s actually happening.

“[Keeping the youth jail open] isn’t about jailing kids, it’s about making sure that if you committed a violent offense in King County, you’re going to be held accountable. And you can’t eliminate that.”

ECB: You’ve been very critical of Restorative Community Pathways, the county’s pre-filing juvenile diversion program. One of your criticisms is essentially that it’s a pre-filing program, which means that there isn’t a case and it doesn’t go before a judge. Do you oppose pre-filing diversion in general, and would you want to institute a different kind of juvenile diversion program? What’s the evidence that RCP isn’t working?

JF: One of the things I’ve said over and over is, I could fix RCP in a day. You take about five or six crimes off the list and add a judicial component at the beginning.

I don’t think for felonies, certain types of felonies, that you should have a pre-filing diversion. If you bring a gun to school, if you’re in somebody else’s living room in a residential burglary, if you’ve committed a robbery or a felony assault, I don’t think you should be eligible for a pre-filing diversion. And at a minimum, you’ve got to have a judicial piece of this and a check back. I don’t think it’s asking too much to say, did the person show up? Did they do what they were asked to do? And that has been consistently my concern with RCP.

And it just needs to be recalibrated. I’m not against diversions—clearly, the idea is to get people get young people back on track. But when you’re talking about felons, and these felonies that I just rattled off the top of my head are not nonviolent, you’ve got very serious crimes that are part of this. They’re just not appropriate. So that’s my position.

And this was launched with zero notice to the communities. These are cases coming out of our cities. No notice of this huge change. There is no case number, no judge, no plan, no check back. We don’t have any idea of what happens [with these cases]. This isn’t a diversion program. This is a look-the-other-way program, literally.

My concern about RCP is, ultimately if you try to sort of coax young people in the right direction, you could be creating a different type of offender. I always say comfort is the enemy of change. And if somebody has made that mistake, you don’t want to extinguish someone’s hopes or dreams, and you also want to make sure that they’re not unemployable moving forward. But you also need to make sure that you have created some just some level of discomfort, so they won’t do it again, or at least are incentivized not to.

ECB: King County Executive Dow Constantine has set the goal of closing down the juvenile jail by 2025. Do you think the goal of zero youth detention is realistic?

JF: That policy is not tethered to reality. It just isn’t. What do you do with a juvenile who pulls a trigger and shoots somebody? What do you do with the juveniles that are committing violent offenses? Where are they going to go? I mean, in fact, actually, we had the two juveniles that committed a robbery here at a pawn store, in Federal Way this year. They got electronic home detention after they held everybody in this pawn store captive for a while. And then they go out and kill somebody in Pierce County.

Unfortunately, there is a segment of the juvenile population that commits violent gun-related crimes, and you need a place to hold these individuals to protect the public, victims, and even themselves before they commit offenses that they just are never going to be able to take back. So this isn’t about jailing kids, it’s about making sure that if you committed a violent offense in King County, you’re going to be held accountable. And you can’t eliminate that.

And they just need to get serious about hiring people. And it is hard. You’ve got to incentivize and you’ve got to just get the job done. And that needs to happen. But it’s not all about locking people up. I mean, I’ve got a 15-year-old son, I would never want him locked up, ever. And I think, really, we’re talking about where you find an offender, or a juvenile, or even an adult criminal defendant on the spectrum of seriousness of the offense, priors, and danger to the community.

“Sometimes, with people that are in crisis and decompensating, you can get them back on a regimen of the medication that they need. It just depends on where you find people, where they’re at in the process, and what kind of support they had with family and friends.”

ECB: The King County Jail is not known as being a particularly therapeutic place. And a lot of people are currently in a cycle where they’re in jail for a couple days and released, only to get arrested again and repeat the cycle. Do you support keeping people in jail for short periods of time on minor offenses, even if it means they might lose their job, health care, or housing?

JF: Well, they used to say that the seventh floor of the King County Jail was the second largest mental health ward in all of Western Washington. And it’s certainly not a way to treat mental illness. Oftentimes, at the end of the month, when people would run out of their medication, whether they’re bipolar or have some sort of co-occurring mental health issue, they would essentially decompensate and end up in custody. And you don’t make these decisions in a vacuum—it’s individualized in regard to the decision to hold somebody or not hold somebody. But sometimes, with people that are in crisis and decompensating, you can get them back on a regimen of the medication that they need. It just depends on where you find people, where they’re at in the process, and what kind of support they had with family and friends.

ECB: What about situations where people are held in jail for no other reason than that they can’t afford bail?

JF: My last assignment at the prosecutor’s office was in CTI, the car theft initiative. And some of these guys would go from stolen car to stolen car to stolen car, and dump it in a parking lot, and then grab the one right one to it. So those high-impact offenders do constitute a lot of the caseload. And they do have impact. I mean, if my car gets stolen, I couldn’t have this meeting with you right now. I couldn’t get to work, I couldn’t take my son to school. It has a huge impact on people.

I think that somehow or another, we got this idea that property crimes, nonviolent offenses, we’re going to allow that. But if you’re committing a felony crime, you’re going to be impacting other people. And when I talk to people, they really feel like the systematic response has been inadequate, because the community is getting victimized repeatedly. There should be some punishment for that—reasonable punishment based on a person’s prior record, but there should be some punishment.

ECB: Seattle Municipal Court recently agreed to restrict so-called high utilizers from accessing community court. I’m curious what you thought of that decision and if you think the county’s therapeutic courts, like drug court and mental health court, are doing a good job, particularly with people who may not be ready or able to comply with the conditions established by the court.

JF: I think drug court, mental health court, all of those type of courts are really the model for alternative dispositions. And it’s not zero tolerance—they really do want people to succeed. I talk a lot about drug court, because I think drug court is really the model for how to do this. It’s just so difficult for people to get off drugs and alcohol. They mask other issues that are that are also present. So we’ve got to get to the root causes. And you need to give people enough latitude, where if they have some sort of relapse, as long as it’s not flagrant, if they’re still willing to try, you don’t give up on them. But ultimately, what’s critically important about drug and mental health court is there’s a checkbox, there are accountability steps, and you can see whether somebody is going in the right direction or wrong direction.

ECB: You’ve talked about the case backlog at the prosecutor’s office, which has been largely due to cases piling up during COVID and the fact that the courts are still not operating at full capacity. What policies would you propose to get through that backlog more quickly?

JF: The first thing is, if you think of it like a pipeline, you’ve got a capacity issue. And there’s only a certain number of judges. And you’ve got speedy trial concerns. So you’ve got to expand the pipeline. And the way to do that is you got to hire more pro tem [judges].  And the prosecutor’s office has got to come up with a discernible plan. And the homicides and sexual assault cases, those absolutely have to go first. Continue reading “PubliCola Questions: King County Prosecuting Attorney Candidate Jim Ferrell”

Under Pressure, County Executive Constantine Cancels Plans to Expand SoDo Shelter

King County Department of Community and Human Services Director Leo Flor with one of the Pallet shelters that would have been part of a shelter expansion in the SoDo neighborhood.

By Erica C. Barnett

King County Executive Dow Constantine announced on Friday that in response to “community feedback,” the county will abandon plans to provide new shelter beds and a sobering center on vacant land next to the existing 270-bed Salvation Army shelter in SoDo. In a statement, Constantine said, “It is clear that building trust and resolving underlying concerns about the conditions in the community today will take considerable time before we can move forward with any added service capacity.”

Residents of the Chinatown International District have held protests outside the shelter and during King County Council meetings objecting to the shelter expansion, which many described during county and city public comment sessions as another example of “dumping” services for homeless people in a neighborhood that was hard-hit by the pandemic and has seen an increase in both crime and gentrification over the past few years.

Tanya Woo, a Chinatown-International District business owner who has helped organize opposition to the shelter expansion, told PublICola before today’s announcement that she wanted the county to put its plans on “pause” and have more conversations with neighborhood residents, including discussions about potential shelter locations in other parts of the city.

It doesn’t matter what side the community is on this shelter issue, the most important thing is having our voices heard,” Woo said. “My one wish is that the county and city can come to a conclusion that may include looking at other sites and looking at a more equitable distribution of shelter resources so that it’s not all concentrated in one area.”

In addition to community members, paid outside advocates have involved themselves in the debate, including the King County Republican Party (which paid for and handed out “Down With Dow” signs to tweak the county executive, who has a history of being rattled by vocal criticism) and the Discovery Institute, a creationist think tank that launched the career of far-right activist Chris Rufo.

Pointing toward a large encampment that has grown up next to the existing shelter, DCHS director Leo Flor told reporters, “Some of the folks in that encampment actually came from the shelter. They’ve got behavioral health conditions that we need a different type of solution for.” With today’s decision, Constantine has put off that solution indefinitely.

Reporters received tours of the existing shelter, and the areas where the shelter would have been expanded, earlier this month. In total, the expansion would have added 90 new shelter beds: 40 beds at a new high-acuity shelter, focused on bringing people with the greatest health needs (and visible impact on the surrounding neighborhood) off the street, plus 50 new tiny house-style Pallet shelters. In addition, the county would have moved the existing sobering center, currently housed in the Yesler Building in Pioneer Square, to the complex, adding up to 60 non-shelter beds.

The high-acuity shelter has been a longtime priority for the King County Regional Homelessness Authority, which is an independent entity funded jointly by the city of Seattle and King County. A spokeswoman for the KCRHA did not immediately respond to a request for comment about this latest setback for the shelter.

The director of King County’s Department of Community and Human Services (DCHS), Leo Flor, said last month that the new shelter would help get many people off the street who are unable to access traditional shelter like the Salvation Army’s SoDo shelter because of serious physical and behavioral health needs—the kind of needs that often lead to disruptive behavior and neighborhood complaints.

Pointing toward a large encampment that has grown up next to the existing shelter, Flor told reporters, “Some of the folks in that encampment actually came from the shelter. They’ve got behavioral health conditions that we need a different type of solution for.” With today’s decision, Constantine has put off that solution indefinitely.

Constantine’s office did not provide any information about whether the county is planning to revisit any of the new services and shelter that were canceled today. The decision will save the county some money, though it’s unclear how much; a planned lease with the property owner, developer Greg Smith of Urban Visions,  would have rolled the existing lease for the Salvation Army shelter up in a new six-year contract that would have cost King County $10 million a year.

Nor is it clear when the onsite encampment will be resolved. A spokesman for Constantine directed questions about the encampment to the KCRHA; a spokeswoman for the authority told PubliCola that the site is “within the Partnership for Zero focus area” and will be addressed as part of that work and, presumably, closed down once the homelessness authority moves the people living there into housing or shelter.

Fewer Staff, More Incarcerated Kids, and Frequent Solitary Confinement as Youth Jail Closure Deadline Approaches

By Erica C. Barnett

In July 2020, King County Executive Dow Constantine committed publicly to closing down the Patricia H. Clark Children and Family Justice Center (CFJC), saying it was time to shift “public dollars away from systems that are rooted in oppression and into those that maintain public health and safety.”

“Today I commit King County to converting the remaining youth detention units at the CFJC to other uses as quickly as possible, and no later than 2025,” Constantine announced in a Twitter thread that noted the connection between police murders of Black people and mass incarceration. About half the kids King County incarcerates are Black, a group that makes up about 6 percent of the county population, and about 18 percent are white, compared to 69 percent of the county.

Constantine’s announcement came at a time of heightened public scrutiny of the criminal legal system in the immediate aftermath of George Floyd’s murder by police in Minneapolis. The youth detention center had opened just five months earlier, replacing a decrepit, 212-bed facility next door, and stood largely empty because of COVID and a general reduction in youth arrests. The population would hover at about 20 young people throughout the next year, peaking at 26 and dipping to just 17 in August 2021.

One year later, however, the trend has reversed. In August, the average daily population at the youth jail was 41; on October 3, it was 42, including four kids charged as adults. While the population at the jail has grown, the number of guards at the jail has declined; as of September, 22 of 91 juvenile detention officer positions were unfilled, down from about six vacancies in the fall of 2020—a shortfall of 24 percent.

The timeline for closing down the youth detention center could also get a reality check. Closing the jail requires alternatives to incarceration that don’t exist yet, and the process to come up with those alternatives, which will likely include restrictive housing for youth who present a danger to the community, is proceeding slowly.

The increase in the number of young people incarcerated at the CFJC is exacerbated by a similarly steep decline in the number of people working at the jail. A representative of the Juvenile Detention Guild told PubliCola that juvenile corrections officers are leaving their jobs more than twice as fast as the county can hire replacements. Understaffing has also impacted other positions at the facility, which has at times been short on nurses and other medical staff. The high attrition rate has created a shortage not just of workers but experience—a gap that shows no sign of closing even as the county ramps up financial incentives to get new hires in the door.

Understaffing has contributed to the frequent use of solitary confinement, a practice that persists even though it was officially banned in 2017. Jail officials acknowledge that they use “room confinement” when there aren’t enough staff to let kids into common areas safely, but there is no legal distinction between “room confinement” and other euphemisms for isolating kids in their cells for up to 20 hours a day.

Solitary confinement leads to stress, boredom, and fights, and has contributed to a reported uptick in assaults on guards and other staff. According to the juvenile guards’ union representative, “We hire staff who want to work with youth, but they are leaving [because] it is an unsafe work environment, we have to lock youth in their dorms for extended periods of time, [and we] do not have sufficient staffing to provide services to the youth.”

King County officials are aware that keeping kids in their cells is a problem, but the use of the practice has been escalating. In July, there were 13 days when kids were locked in their cells between 18 and 20 hours a day because of short staffing at the jail. Additionally, an independent monitor’s report released in May found a “significant increase” in the number of times youth were put in “restrictive housing” (solitary confinement) because of a risk of “imminent and significant physical harm to the youth or others,” along with a spike in the length of this form of confinement; in the first quarter of this year, 41 kids were put in restrictive housing for an average of 6 hours per session. 

Nick Straley, an attorney with Columbia Legal Services, says the Department of Adult and Juvenile Detention (DAJD) is skirting laws that were passed specifically to prevent the department from doing exactly what it’s doing now. “The King County Council should get involved and pass strict requirements that force DAJD to do the right thing because we know they aren’t” on their own, Straley said.

King County Councilmember Girmay Zahilay—who, like most of the nine county council members, visited the CFJC recently to get a better sense of conditions at the jail—said he was “shocked” to learn recently that the county still effectively allows solitary confinement for youth.

“If we literally don’t have the staffing to monitor people, I understand why that creates a different kind of situation, but it still is alarming, because from an experiential perspective rather than a technical perspective, the youth experience that the same way,” Zahilay said. “All the reasons we don’t want solitary confinement for youth are still true in that scenario, and we have to do everything we can to change those circumstances.”

Department of Adult and Juvenile Detention Director Allen Nance (background: King County Sheriff Patti Cole-Tindall)
Department of Adult and Juvenile Detention Director Allen Nance (background: King County Sheriff Patti Cole-Tindall)

For adolescents, confinement is a particularly harsh punishment, depriving them of not only of chances to interact with other kids and adults but making it harder to schedule visits with attorneys and family members. During visits, kids are separated from their family members by Plexiglas, depriving them of the chance to hug their parents or hold their own children.

“There have been issues with parents not being able to have contact with their kids and only being able to see each other through Plexiglas,”  a COVID-era innovation that prevents direct contact between family members and incarcerated youth, CLS’ Straley says. “The reality is that you’ve got the bare minimum level of humane treatment, and simply not having enough staff isn’t the only reason. They need to have more staff, and/or they need to have fewer kids in jail.”

There’s little consensus about why the county is locking up more kids at a time when youth detention is supposedly on a path to extinction. Jimmy Hung, who leads the juvenile division of the King County Prosecutor’s Office, attributes the reversal to an uptick in violent crime among both young people and adults. “And it’s not isolated to King County; it’s throughout the country,” Hung said. “We are dealing with aftermath of a once-in-a-century global pandemic, and that has also collided with the continuing escalation and increase in just the sheer number of firearms we have in our community.”

Straley believes the “perception out there that crime is running out of hand” is also contributing to harsher sentences from judges. “I think that perception is not accurate, but that’s the perception, and judges are aware of that and they adjust the sentence accordingly,” he said.

A DADJ spokesman, Noah Haglund, said another reason more kids are being detained is that incarcerated youth are being incarcerated longer, particularly the small percentage of kids charged as adults, whose average stay at the CFJC is 284 days; for kids detained on juvenile charges, it’s 17. Both averages have increased over the last five years.

Whatever the reasons, the number of kids at the youth jail is growing, and the number of staff at the jail is not keeping up.

DAJD director Allen Nance, appointed to the position last month after three years as head of the juvenile division, told PubliCola recently that the department “recognize[s]that not only do we need to do a better job recruiting quality folks to work with our young people in custody, but we also have to work diligently to implement strategies to keep the employees that we have today.”

Currently, the department offers hiring bonuses of $7,500 for new hires and $15,000 for lateral hires, as well as $5,000 to any county staffer who recruits a new detention officer for the adult or youth detention center. (Jobs at the adult jail pay slightly better).

However, the county lacks any significant programs to retain jail staffers once they’re hired—a major problem, given how many leave after they experience the challenges of the job; according to the union representative, “many staff will forfeit the money versus staying due to conditions” at the jail, including low morale, lack of support from DAJD leadership, poor schedules, and a lack of transparency about what will happen to CFJC staff if and when the facility closes.

Rod Dembowski, a King County council member who has been skeptical of the 2025 closure date, said during a recent council meeting that one reason the CFJC may be having trouble hiring guards is that the jobs offer no long-term security. “Why would someone come on to this job or stay in this job if it’s going to be gone in two or three years?” Dembowski said. “It’s not a real great career incentive and that may be hampering us.”

Hiring bonuses remain the primary tool the county uses to recruit new guards at both the juvenile and adult jail, which is also facing a crippling staff shortage.  But county rules require newly hired jail staff to pay part of their bonuses back if they stay less than three years, which means that a guard hired today would have to stay at the CFJC until 2025, when the facility is supposed to close, with no guarantee of a new position.

“Our office’s position has always been that zero youth detention is a goal that we should strive for, and it’s aspirational. I don’t believe that we can truly reach zero youth detention before I’m gone, but maybe for my daughter and my grandkids we can see that [happen].”—King County Prosecutor’s Office Juvenile Division Director Jimmy Hung

At the same time, the juvenile detention department currently relies heavily on mandatory overtime, which falls primarily on new hires. Nance, the DAJD director, said “we definitely intend to reduce over-reliance on mandatory overtime, and in fact, incentivize individuals to voluntarily work overtime,” but did not offer specifics when we asked him about the issue in September.

Nance also said the department is “in the process of finalizing” retention incentives for existing staff, “recognizing that those individuals who have already made the commitment to stay at the detention facility through 2025 deserve an opportunity to work in an environment where they are valued, where they where they are well compensated, and where we go above and beyond wherever we possibly can to support their continued employment in the department.”

Nance did not offer more details about the department’s strategy to keep the staff it has.

Nor is it clear whether the youth detention center will actually close in 2025—or ever. Earlier this year, planning for the closure shifted from the DAJD to the Department of Community and Human Services (DCHS) in recognition of the fact that closing the youth detention center will require standing up community-based alternatives to incarceration, including housing that is more humane than a jail. Continue reading “Fewer Staff, More Incarcerated Kids, and Frequent Solitary Confinement as Youth Jail Closure Deadline Approaches”

New Tax Would Fund Behavioral Crisis Centers; Things to Look for in Harrell’s Budget Proposal

King County Councilmember Girmay Zahilay speaks at a press conference on a county proposal to raise property taxes to fund walk-in crisis centers
King County Councilmember Girmay Zahilay

1. King County Executive Dow Constantine proposed a new property-tax levy to fund five behavioral health crisis centers across King County, along with higher wages for health care workers and the restoration of residential treatment beds that have been lost in recent years. The levy, assessed at 14.5 cents per $1,000 of assessed home value—about $121 for a median $694,000 house—could be on a countywide ballot in April 2023, if the King County Council approves it this year.

Currently, there are no walk-in crisis centers anywhere in King County, and the wait for a residential treatment bed averaged 44 days as of July, according to the county. Since 2018, the county has lost more than 110 residential treatment beds and is down to 244 beds countywide. “A question that doesn’t get asked enough to the person who says ‘get people into treatment,'” King County Councilmember Girmay Zahilay said Monday, is “‘get people into treatment where?'”

In a county with 2.3 million residents, Zahilay said, we have one crisis care facility with 46 beds”—the Downtown Emergency Service Center’s Crisis Solutions Center in the Central District, which only accepts referrals from police and other first responders. “If you break a bone in King County, you can walk in and get urgent care. If you’re going through a mental health crisis or a substance use disorder crisis, you have zero urgent care options.”

The nine-year levy proposal would also create apprenticeship programs and other supports for people entering the behavioral health care field, and would “invest in equitable wages for the workforce at crisis care centers,” according to the announcement, plus mobile or co-located crisis services that would operate until the first crisis clinics were open.

“If you break a bone in King County, you can walk in and get urgent care. If you’re going through a mental health crisis or a substance use disorder crisis, you have zero urgent care options.”—King County Councilmember Girmay Zahilay

It’s unclear how many people would see higher wages under Constantine’s proposal, which his office released only in summary form. Pay for behavioral health care workers is so low that many employees qualify for the same services they sign clients up for, said Kristen Badin, a crisis counselor and representative of SEIU 1199NW.

The King County Regional Homelessness Authority has asked the city and county to provide an additional $15.4 million to permanently service providers’ baseline budgets by 13 percent in order to increase provider wages—part of an overall budget request that would add about $90 million to the regional agency’s budget, which is funded by the city of Seattle and King County through their annual budget process.

That process kicks off for both the city and county tomorrow, when Harrell and Constantine announce their 2023 budget proposals. On Monday, Constantine said he considered the KCRHA’s budget request “aspirational,” and confirmed that he does not plan to provide all the money the authority’s CEO, Marc Dones, requested.

That budget request, Constantine said, “was essentially a statement of need, and that neither the county nor the city’s budget could support that full request.” Harrell added that “we weren’t able to meet all of the requests, but you’ll see [during Tuesday’s budget announcement] the support we have moving forward with RHA and the support we have the people on the ground doing this important work.”

2. In 2019, the City Council passed legislation requiring the Human Services Department to build a cost of living increase into all new or renegotiated contracts with service providers, based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). At the time, inflation, as represented by the increase in CPI, was modest—between two and three percent.

“I drew a line in the sand [on the use of the JumpStart tax to backfill the city budget], and I want to make sure that we’re sticking to that, not only because it’s what we passed in statute, but because the agreement to use the higher-than anticipated revenue was to prevent austerity.”—City Council budget chair Teresa Mosqueda.

Last year, the CPI-W increased 8.7 percent, meaning that compared to 2021, it cost 8.7 percent more to pay for the same goods and services. Any wage increase that’s lower than the CPI effectively constitutes a pay cut—something social service providers whose wages are funded by the city will likely be watching for tomorrow when Harrell rolls out his budget.

Council budget chair Teresa Mosqueda said she’ll also be watching for any effort by Harrell to transfer additional funds from the JumpStart payroll tax, which is earmarked for housing, small business support, Green New Deal programs, and equitable development. Earlier this year, Mosqueda proposed using excess payroll tax revenues to help close the budget gap; those extra revenues are projected at $71 million and $84 million in 2023 and 2024, respectively.

“I drew a line in the sand,” Mosqueda said Monday, “and I want to make sure that we’re sticking to that, not only because it’s what we passed in statute, but because the agreement to use the higher-than anticipated revenue was to prevent austerity. And part of preventing austerity is keeping our promises, [including] our promises to human service providers.”

A Homeless Activist Worked to Help Others Living in Vehicles. This Month, the City Towed Away Her Home.

The city towed Chanel Horner’s bus on September 15. Photo Chanel Horner, reproduced with permission

By Erica C. Barnett

Anyone who has watched concrete blocks sprout like crocuses in the wake of RV removals knows that under Mayor Bruce Harrell, the city has taken a newly aggressive approach toward people living in their vehicles.

Although Harrell says the city does not “sweep—we treat and we house”—the fact is that since June of this year, when the city resumed enforcing a law requiring people to move their vehicles every 72 hours, there have been about two scheduled RV sweeps every week, on top of removals sparked by complaints, criminal activity, and vehicle fires. Few of those people have received treatment (which the city does not provide) or housing. Most have either moved to another location or watched their RVs disappear on taxpayer-funded tow trucks—the last time most RV residents will see the only shelter they had.

Chanel Horner lost her home—an old bus she spray-painted with slogans like “RVLoution”—on Thursday, September 15, when a crew from the city arrived to remove it from a street in Georgetown, along with about four other RVs and three vehicles, according to the city’s September encampment removal schedule. Horner had tried unsuccessfully to order compressed natural gas from a nearby provider so she could move the bus, and the towing company she called to pull the bus across the First Avenue South bridge into South Park cited a price of $1,500.

“You don’t have to have a running vehicle to live in it. They may not be vehicles anymore, but they are still our homes.”

Still, Horner had strong ties with local service providers—an active member of the King County Regional Homelessness Authority’s Vehicular Residency Workgroup, she advocates for RV residents and often helps people move—and the Seattle/King County Coalition on Homelessness said they would pay to tow her bus.

“The solution was to either get [Horner] the fuel or get [her] to a place to get the fuel, and no process that doesn’t allow those things to happen should be funded with city money,” the coalition’s director, Alison Eisinger said. “It is clearly an outrageously flawed process that allows this kind of preventable sequence of events to occur,” Eisinger added, “and everyone should be outraged about it.”

“I really thought we were going to be able to tow it out of there, right until the last minute,” Horner said. Instead, after a brief standoff, Horner left the bus behind, bringing a few personal items with her, including the ashes of her dog, who died in December.

We were sitting outside a Starbucks in Georgetown, shouting over traffic and the occasional roar of airplanes a few blocks from where Horner used to live. The site is now barricaded against future RV encampments with concrete eco-blocks, an illegal but ubiquitous tool used by business owners to prevent RV residents from coming back after sweeps. Horner said the city offered her a spot in a tiny house village—a type of shelter where sleep in small cabins and are expected to accept services and work toward housing—but she considers such offers “pretty tenuous.”

Besides, she said, “I didn’t really want a tiny home because I do believe I’m supposed to be in my bus.” According to a 2021 state supreme court ruling, people living in their vehicles enjoy certain rights under the state Homestead Act, including protection against excessive fines and the sale of a person’s vehicle to pay their debts. To Horner, though, the homestead designation has a special, additional meaning. “You don’t have to have a running vehicle to live in it. They may not be vehicles anymore, but they are still our homes. … We’re not homeless,” she added,  “until Bruce Harrell gives the order to tow our homes.”

PubliCola sent a detailed list of questions to several city departments that were involved in the Georgetown RV removal, including the mayor’s office. A spokeswoman for the mayor provided a boilerplate explanation of RV removals, which the city calls “remediations,” including several different reasons the city might decide to remove an RV.

“She is independent and worked hard to get her bus up and running, and advocates were working to assist Chanel in various ways to help her keep her home.”

The spokeswoman did not respond to any of our questions about the decision to impound Horner’s bus, including why her bus was a priority in the first place; whether the city considers extenuating circumstances like the fact that Horner planned to tow the bus herself; and whether the city considered it a positive outcome for Horner to lose her vehicle in exchange for a shelter offer she didn’t take. We also asked whether the city always considered it “a better outcome to move people out of vehicles and into other forms of shelter, including people who are high-functioning and don’t want or require intensive services”—again, with no response.

A spokeswoman for the KCRHA, which does not directly participate in sweeps, said that “outreach providers were active in trying to find an alternative resolution” to Horner’s situation. “She is independent and worked hard to get her bus up and running, and advocates were working to assist Chanel in various ways to help her keep her home.”

In June, KCRHA announced a contract with the Low-Income Housing Institute to to set up an RV “safe lot” for up to 50 vehicles at a time, with the goal of moving people quickly out of their RVs and into “stable, permanent housing.” Horner says she has no interest in that kind of arrangement; she wants to live in her RV, in a “trailer park” with other RV residents, with restrooms, regular trash service, and a community kitchen—kind of like a tiny house village, but without curfews, check-ins, and a commitment to moving out after a certain period.

“I’m really passionate about setting up the RV park,” Horner said. “I want to start the non-movement—because we’re not moving.”

 

Proposed County Budget Will Includes More Cops, Jail Guards, Bus Security, and Diversion Programs

Department of Adult and Juvenile Detention director Allen Nance, King County Sheriff Patti Cole--Tindall
Department of Adult and Juvenile Detention director Allen Nance, King County Sheriff Patti Cole–Tindall

King County Executive Dow Constantine previewed his 2023 public safety budget on Monday, announcing his plans for new spending on police recruitment, diversion programs, corrections officers in the adult and youth jails, and body cameras for sheriff’s deputies—along with 140 new security officers for Metro buses and other investments.

The proposed new investments, which are part of an upcoming annual budget proposal that will be amended and approved by the King County Council, include:

  • $2.4 million for Vital, a program that targets “high utilizers” of the criminal justice system by providing case management and wraparound services;
  • $7.3 million for  Restorative Community Pathways, a pre-filing diversion program for youth who commit certain first-time felonies;
  • $5 million for body-worn cameras, which every deputy would be required to wear by the end of 20205;
  • $21 million to hire 140 new security officers for King County Metro buses, transit centers, and stops.

King County Metro deputy general manager Michelle Allison said the bus agency needs more uniformed security officers on and off the buses to respond to concerns from riders and bus drivers that the bus system is unsafe. “Having more safety personnel is helpful for our riders and for our employees,” Allison said. “These folks acts act as a deterrent, and provide support for our customers and our colleagues.”

Sheriff Patti Cole-Tindall said the sheriff’s office has supported body-worn video for officers for at least the past decade, but that “it just takes time” to implement major changes. “We have to complete collective bargaining,” she said. “I think the time is right for cameras because our deputies actually want them. The community expects us to have them that accountability and transparency piece. It’s happening now, and I think that’s the important thing.”

Responding to questions about hiring,Cole-Tindall said her office has already hired 50 new deputies this year, and hopes to hire another 70 in the next two years.

The sheriff’s office isn’t the only county agency that has had trouble not just recruiting but retaining staff. The problem has been particularly acute at the county’s Department of Adult and Juvenile Detention, where understaffing at both the adult and youth jails has led to repeated lockdowns and the increased use of solitary confinement, including in the county’s Child and Family Justice Center (CFJC), which is supposed to shut down by 2025.

Retention, particularly at the juvenile jail, is a problem: more than 20 of the 90 juvenile detention officer positions are currently vacant, and far more officers have left their jobs at the CFJC than the county has been able to hire.

Nance said his department is “currently working on a plan” to restore in-person visits for family members and social service providers by the end of the year. Additionally, he said, the department plans to restore full booking hours at the Kent and downtown Seattle jails by early next year; currently, bookings at the Maleng Regional Justice Center in Kent are by appointment only, and the downtown jail has shut down booking three times in recent months because of staffing shortage.

Over the next two years, Nance added, DADJ will bring on 100 new adult correctional officers and 30 officers for the juvenile jail. Currently, the county offers hiring bonuses of up to $15,000 for new recruits. However, retention, particularly at the juvenile jail, is a problem: more than 20 of the 90 juvenile detention officer positions are currently vacant, and far more officers have left their jobs at the CFJC than the county has been able to hire. New recruits have to pay the bonuses back if they don’t stay for three years; with the youth jail slated for closure in 2025, this presents a challenge: It’s harder to nail new employees to a three-year commitment when they know they may be out of a job at the end of that period.

County Denounces “Misinformation” On Juvenile Diversion, Discovery Institute Staffer Chases County Executive Down Hallway

King County Prosecutor Dan Satterberg

1. Officials from King County and advocates from community-based diversion programs responded Tuesday to what King County Executive Dow Constantine called “misinformation” about Restorative Community Pathways, a diversion program for young people that provides services and support for young people accused of first-time felony offenses, along with restitution and services for the people they’ve harmed.

“We’ve heard a lot of misinformation recently about the county’s juvenile diversion program and demonstrably false correlation to increased crime,” Constantine said. Earlier this year, King County Councilmember Reagan Dunn, a Republican, called for putting a “pause” on the program, which had just been approved two months earlier.

Federal Way mayor Jim Ferrell, who’s running for prosecutor this year, has called the program an “outrageous breach of public trust” that contributes to gun violence, something Constantine and the current prosecutor, Dan Satterberg, deny. “Officials and others in positions of public trust should take care to rely on facts, not hyperbole and data, not anecdotes,” Constantine said.

Satterberg emphasized that the county is still prosecuting serious crimes. “Lest people think this is all we’re doing, that we’re diverting all our cases away, I want to make it quite clear that the context here is that diversion … is but a small facet of the complex approach  to public safety, crime, and justice that we have here in King County,” Satterberg said.

So far, about 380 kids have been referred to RCP programs, which are run by nine different community-based organizations, including Community Passageways, a youth diversion program that uses credible messengers to divert young people from the school-to-prison pipeline. Of those 380, 145 have completed the program, and just 8 percent have committed another offense, compared to about 20 percent of kids who go.through the traditional juvenile justice system.

“These young men standing behind me are the perfect model of what restorative justice looks like and how it works in our community,” Community Passageways director Dominque Davis said, gesturing toward four young men who went through his group’s program. “Right now, they shouldn’t be standing behind me. But because of the collaboration with county departments, and because of the work we’ve done in community with our partner organizations,” he said, they had not only graduated from the program but were working as case managers and business owners in their communities.

When Discovery Institute activist Jonathan Choe contacts county departments, including the executive’s, they have a standard response: “We decline to participate in your project.

2. Former KOMO reporter Jonathan Choe, who now produces anti-homeless videos for the far-right creationist think tank that spawned Chris Rufo, attended Tuesday’s press conference but didn’t ask any questions, despite the fact that only two reporters—myself and Omari Salisbury from Converge Media—plus a handful of camera operators were in the room, which left a lot of dead air.

Once the press conference was over and people started leaving, Choe began loudly demanding that Constantine respond to a question “about public safety.” When Constantine continued to walk away, Choe chased him down a hallway, nearly mowing down his chief of staff, “Mr Constantine, I’m asking about the Chinatown International district — why are you ignoring me?” he shouted theatrically, demanding to know if he would place a “moratorium” on a planned homeless shelter expansion in SoDo that, according to Choe, “the vast majority of the Chinatown-International District community opposes.”

Standing outside the elevator, Constantine responded: “You are not actually a journalist.” Reminding Choe why he was holding an iPhone, not a TV microphone, he added: “You were fired for promoting the Proud Boys.” (Choe was fired by Sinclair-owned KOMO TV after praising the insurrectionist group and posting a montage from their rally, encouraging viewers to attend the rally and learn about the Proud Boys’ “cause and mission.”) Choe continued arguing with Constantine’s staff, bellowing “I’m a journalist” when they told him they would only talk to legitimate media outlets.

Constantine’s response to Choe stood in marked contrast to that of Seattle Mayor Bruce Harrell, who has been known to let press conferences run long in order to politely answer Choe’s questions. When Choe contacts county departments, including the executive’s, they have a standard response: “We decline to participate in your project.”

The shelter complex, which would add 150 shelter spots, a tiny house village, and an RV safe lot to an existing 270-bed shelter in SoDo,  has been the subject of significant debate in the nearby Chinatown/International District community. Advocates such as Friends of the CID have argued that the complex, which will be run by the county, is another example of systemic racism—concentrating services for homeless and low-income people in an already vulnerable community without consulting them.

 

Isolation, Crowding In Youth Jail Increase As Deadline For Closure Looms

Graph showing the growing number of youth isolated for conditions unrelated to behaviorBy Erica C. Barnett

King County’s juvenile detention center is confining more young people, and keeping them isolated in their cells more often, than at any point since early 2019, a report from the independent team monitoring the county’s compliance with a law restricting the use of solitary confinement at the youth jail concluded.

The team, represented by consultant (and former Seattle Office of Police Accountability director) Kathryn Olson, presented its findings for the first quarter of 2022 to the King County Council’s law and justice committee Tuesday.

As of Tuesday, there were about 42 young people incarcerated at the county’s Children and Family Justice Center (CFJC) in Seattle—a dramatic increase since last year, when King County Executive touted an average daily population of just 15 as he announced steps the county was taking toward emptying and closing the youth jail by 2025.

Most—38—of those incarcerated at the youth jail are facing juvenile charges for serious crimes, including robbery, kidnapping, assault, and rape; four are youth facing charges as adults.

At the same time, the CFJC—like the two adult jails—is dramatically understaffed, with about a quarter of juvenile detention officer positions unfilled. The county is offering bonuses of up to $15,000 for guards, and several other positions are vacant, including two nurse positions, according to a government jobs board.

According to the report, this combination of crowding and understaffing has contributed to an uptick in fights between incarcerated kids and assaults on staff; this, in turn, has led to more instances of “restrictive housing”—solitary confinement—which is supposed to be limited to no more than four hours at a time.

In addition to restrictive housing in response to behavioral issues, kids are often being confined in their rooms for hours—in some cases, for the majority of the day—for no reason other than that there aren’t enough staff to monitor them. Records from the county show more than 150 instances in both June and July in which young people were held in their cells for more than 18 hours a day, including the 12 overnight hours allowed for sleep—significantly longer than the four-hour maximum imposed by county law. According to a council staff report, this kind of confinement does “not constitute ‘solitary confinement’ under county code or state law, and therefore is permitted.” 

Committee chair Girmay Zahilay said it was “shocking” that locking kids in their rooms because of understaffing doesn’t count as solitary confinement, because “experientially, it’s the same thing…. what are the universe of resources that we need to address this issue [to create] clearly defined plan to get from where we are, which is an alarming situation to where we should be, which is healthy youth?”

Understaffing in youth detention is also impacting detainees’ ability to go to class. According to the report, “youth at CFJC who were recently interviewed complained that due to reoccurring staff shortages, they frequently have missed most classes on a regularly scheduled school day.”

“Until staffing shortages are resolved, until other employment issues that are impacting some of the programming services are resolved… we’re just going to continue to see some of these issues,” Olson said.