Tag: South Correctional Entity

Over Protests, King County Prepares to Transfer 60 to Des Moines Jail

Former city attorney candidate and public defender Nicole Thomas-Kennedy testifies: “The people that are [in jail] cannot afford to buy their freedom. That is why they are there. “
By Erica C. Barnett

Last week, the King County Council held off on a decision on whether to approve a contract that would move up to 150 men living at the downtown jail to the South Correctional Entity (SCORE), a non-county-owned jail in Kent, after several council members said they had concerns about the scope of the agreement, access to visitors and attorneys at SCORE, and the use of additional jail space to address persistent problems at the downtown jail, where the population and average length of stay have increased.

As PubliCola reported last year, the county’s approved 2023 budget includes $3.5 million for a contract between the county and SCORE. The agreement to move an initial 60 people, which the council will vote on tomorrow, April 4, is that contract.

During a lengthy public comment period at last week’s council meeting, attorneys, advocates, and people who had been incarcerated asked the council to reject the agreement, arguing that moving people from one jail to another would not address the underlying problems at the jail, where six people died—four of them by suicide—last year.

The proposed agreement includes a list of conditions that would make a person ineligible for transfer to SCORE. Several commenters, including a former psychiatric evaluations specialist at SCORE, said it was easy for people to fall through the cracks or develop mental health conditions in jail.

“Your choice is not between overloading SCORE and overloading the King County Jail,” public commenter Madeleine Pfeiffer said. “Just three years ago, you were faced with a public health crisis and the King County Jail and you reduce the population by 50 percent in a matter of days—why not now? Why aren’t the deaths in the King County jail a crisis now that warrants the reduction of population there?”

Several commenters noted that SCORE has also seen its share of high-profile deaths, including that of Damaris Rodriguez, a woman with mental illness who died after four days in solitary confinement; her family received $2 million in a partial settlement with the jail. According to a staff memo, the county “intends to contract with SCORE to house people who do not have serious mental or physical health issues … low-level, healthy people[.]”

The proposed agreement includes a list of conditions that would make a person ineligible for transfer to SCORE, including people who have attempted suicide in the past or shown suicidal ideation in the 72 hours before booking and people displaying a “current psychotic episode.” But several commenters, including a former psychiatric evaluations specialist at SCORE, said it was easy for people to fall through the cracks or develop mental health conditions in jail.

County budget director Dwight Dively told the council the executive branch had issues with several amendments council members proposed to make the agreement more palatable, including restrictions on how many people could be moved to SCORE without additional council approval and an amendment that would require SCORE to meet the conditions the Department of Public Defense says it requires to adequately represent their clients housed there. Dively called these amendments “problematic”—in the first case, because the county is continuing to jail more people for longer periods, and in the second, because “different jails operate in different ways.”

The council will meet and vote on the agreement at its meeting at 1:30 Tuesday afternoon.

King County Plans to Move Up to 150 Inmates to Address Capacity Issues at Downtown Jail

By Erica C. Barnett

Earlier this year, King County Executive Dow Constantine quietly added $3.5 million to the county’s budget for “potential contracted services to address jail capacity issues”—a reference to understaffing at the King County Correctional Facility in downtown Seattle, which is currently facing a shortage of about 120 officers. Despite offering bonuses of up to $15,000, the county Department of Adult and Juvenile Detention (DAJD) has found it challenging to hire and retain jail guards, thanks in large part to long shifts and poor working conditions; the more guards leave, the worse the problem becomes.

Last month, DAJD director Allen Nance provided more details about what that $3.5 million would pay for. In a memo to all DAJD staff, Nance explained that the department is “pursuing a contract with the South Correctional Entity (SCORE),” a misdemeanor jail in Des Moines, to house some of the 1,250 or so people currently incarcerated at the downtown Seattle jail. SCORE is a public development authority, a type of government-funded nonprofit, that was established to provide jail services to seven South King County cities. The department plans to start in January by moving about 50 people to the jail about 15 miles south of Seattle, a number that could grow to 150 later on. SCORE, which provides jail services for six south King County cities, has a capacity of 802.

“The partnership with SCORE is being piloted to see if it might ease the workload on our staff and prevent a need to expand booking at the [Maleng Regional Justice Center (RJC) in Kent], given the Department’s limited resources and our current reliance on overtime to cover shifts,” Nance continued. About 260 people are currently incarcerated at the RJC, which is only accepting bookings by appointment. “At the same time, we will continue to explore other strategies to run our two jails more efficiently.”

Noah Haglund, a spokesman for DAJD, said that “if we finalize an agreement with SCORE, we would prioritize people with extended time between court dates or those who are serving jail sentences.” King County’s jails would “continue to house people with greater medical needs and those deemed to pose a higher security risk,” he said.

Most of those housed in the downtown jail face felony charges; about 9 percent have been charged with misdemeanors. Although SCORE is currently a misdemeanor jail, its director, Devon Schrum, said the facility is “constructed and staffed to hold any classification of arrestee, including those accused of felony-level offenses.”

Defense attorneys and the jail guards’ union—odd bedfellows that have increasingly found themselves on the same side of issues related to crowding and understaffing at the jail—oppose the move. “We’re already facing a staffing crisis,” said Dennis Folk, head of the King County Corrections Guild. “Let’s say we’re housing 50 or 100 inmates down there, and now they need to go to the hospital—who’s going to be responsible for taking them? How are they supposed to get to the court if that work falls back on us?”

Haglund said the department has not worked out an agreement with SCORE to transport residents from Des Moines to Seattle; according to a rate sheet provided by Schrum, the jail charges $75 an hour for transportation by an officer.

The union that represents King County Department of Public Defense employees, SEIU 925, has similar concerns. Molly Gilbert, the the president of the SEIU 925 chapter that represents DPD staffers, said SCORE’s location and hours of operation could make it hard for attorneys to meet with clients and for clients to get to the downtown Seattle courthouse for in-person hearings. Bonnie Linville, an attorney with Columbia Legal Services,

In a recent survey of public defenders, many attorneys said moving downtown jail inmates to SCORE would make it more challenging for them to manage their caseloads, because they would have to drive between three jails instead of two; others, however, said SCORE has more reliable video visitation than either King County jail. The union has filed a demand to bargain over the change—the first time the union has ever moved to challenge a management decision through bargaining outside the regular contract negotiation process, Gilbert said.

Schrum says SCORE —unlike the King County system—is fully staffed and has had little trouble recruiting “highly trained” guards and staff. But some who oppose relocating inmates point to previous evidence of poor conditions at the jail, including a highly publicized 2018 case in which a woman experiencing a mental health crisis died in her cell later spending four days consuming huge amounts of water.

In 2016, Disability Rights Washington’s AVID (Amplifying Voices of Inmates with Disabilities) Jail Project released a report outlining significant problems with SCORE’s treatment of inmates with mental illness, including excessive use of solitary confinement and lack of access to psychiatric care. The report also outlined steps SCORE had taken to address some of the issues AVID raised; a spokesman for DRW said he could not speak to current conditions in the jail.

Many advocates say relocating 50 (or even 150) people from the downtown jail to SCORE will do little to address deteriorating conditions in the jail. For months, people in the jail have limited access to medical care, showers, laundry, and recreation outside their cells.

“There are requirements that people be provided adequate medical and mental health care, be taken to outside medical appointments and be allowed a certain amount of out of cell time per day and it is clear that the jail is not meeting those requirements. Pursuant to the Hammer settlement agreement, the jail is required to meet certain benchmarks regarding each of these issues.”—La Rond Baker, legal director, ACLU of Washington

“We’re hearing routinely from folks that they’re sending [requests for physical or mental health care] that aren’t getting answered, or the answer is, ‘sorry, we’re understaffed,'” said Bonnie Linville, an attorney for Columbia Legal Services, which provides legal aid to low-income clients. “We’re also hearing about fewer transfers and delays in transferring people to Harborview [Medical Center] for necessary care, which is really concerning.” Suicide has become such a problem in the jail that the department has removed bedsheets from all cells. The county’s 2023-2024 budget includes $1 million for “jump protection panels” at the jail.

With conditions inside the jail at a breaking point, advocates say the county may be in violation of an agreement it signed almost 25 years ago called the Hammer settlement. In 1988, the ACLU of Washington represented a man named Calvin Hammer who said he was denied medical care after an assault at the jail left him with a badly fractured skull. Eventually, the ACLU and King County reached a settlement that required the county to increase staffing and improve conditions at the downtown jail. Now, the ACLU believes the county may be in violation of the Hammer settlement, and could challenge the county’s compliance with the agreement.

La Rond Baker, the legal director for the ACLU-WA, declined to get into the details of any potential legal challenge. However, she said, “many of the conditions at the jail show that the jail is out of compliance with the Hammer settlement.” For example, “there are requirements that people be provided adequate medical and mental health care, be taken to outside medical appointments and be allowed a certain amount of out of cell time per day and it is clear that the jail is not meeting those requirements. … Pursuant to the Hammer settlement agreement, the jail is required to meet certain benchmarks regarding each of these issues.”

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