Tag: South Correctional Entity

criminal justice, King County

County Will No Longer House Inmates at SCORE Jail in South King County, Ending Controversial Agreement


By Andrew Engelson

A controversial agreement between the South Correctional Entity (SCORE)—a municipal jail jointly owned by six South King County cities— and the King County Department of Adult and Juvenile Detention (DAJD) to house county inmates and help alleviate staffing shortages at the downtown jail has abruptly ended after only three months.

“SCORE and DAJD have mutually agreed to end the housing agreement,” SCORE director Devon Schrum said during a meeting of SCORE’s operations board Wednesday. “We’ve never been able to get enough people from DAJD to make a difference for them,” she added. “It’s entirely possible there will be some negative spin.” 

In an email to DAJD staff, department director Allan Nance wrote that “folllowing an initial three-month review,” DAJD and SCORE “have jointly agreed to end a pilot project for housing services, which began on June 10, 2023. As a result, both parties are working together to return all King County jail residents housed at SCORE to DAJD facilities.” About 22 people will return from SCORE to the county’s own jails, Nance said.

In his email, Nance said the decision to end the controversial agreement “was based on two primary factors. First, DAJD has determined that the number of King County jail residents eligible for transfer to SCORE would never be sufficient to provide operational benefits and staffing relief, given the mutually agreed upon screening criteria and the complex and dynamic population housed in our County jails. Therefore, the resource cost of this pilot has outweighed any potential benefit.” Second, Nance said, SCORE needed to use the space for other inmates from the six cities that own the jail. 

In April, the King County Council, in a 7 to 2 vote, approved an agreement to allow transfer of 60 inmates at the downtown jail to SCORE, and create a plan to house and book some people in DAJD custody at SCORE.

The sudden end of the agreement comes after four people in its custody have died at SCORE in the past year–an extraordinarily high number. The ACLU of Washington, concerned about conditions at the downtown King County jail, initiated a lawsuit in February against the county over lack of adequate medical and mental health care, noting that six people died in custody at the downtown jail in 2022. 

The agreement was supposed to help address chronic understaffing at the downtown jail, where a shortage of as many as 120 officers has resulted in overworked jail guards, substandard conditions for inmates, and delays in getting inmates who are ill to medical care when needed, which PubliCola first reported on late last year.  

The number of inmates actually booked through DAJD and housed at SCORE has been relatively small. According to King County’s jail data dashboard, the number has hovered around 30 through much of the year.

The sudden end of the agreement comes after four people in its custody have died at SCORE in the past year–an extraordinarily high number. The ACLU of Washington, concerned about conditions at the downtown King County jail, initiated a lawsuit in February against the county over lack of adequate medical and mental health care, noting that six people died in custody at the downtown jail in 2022. 

La Rond Baker, legal director for the ACLU of Washington, told PubliCola, “The conditions in the [downtown jail] are really pretty horrifying and very, very concerning. They’re putting people’s lives at risk. What we are most concerned about is the failure to transport people to medical appointments necessary for them to maintain even base level of health. They’re not consistently taking anyone to outside medical appointments because of staffing shortages.”

The county’s downtown jail has a capacity of between 1,200 and 1,700 inmates, while SCORE can house about half that. According to its website SCORE is currently holding 443 people. According to DAJD spokesman Noah Haglund, 21 King County inmates remain at SCORE and “[b]oth parties are working together to return” them back to to DAJD jails.

The pilot allowed DAJD to evaluate SCORE housing as a potential option for temporary staffing relief. Given the mutually agreed upon eligibility criteria and the complex and dynamic population housed in our County jails, DAJD’s other approaches have provided a more efficient use of staffing and jail operations than the SCORE pilot could offer. These include rebalancing population between facilities and reopening bookings at the Maleng Regional Justice Center in Kent.

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“Four deaths in one year is astronomical,” said Molly Gilbert, a spokesperson for the union that represents public defenders. 

PubliCola has filed public records requests for all documents, including medical examiner reports, related to the four deaths at SCORE.

Haglund—who got back to PubliCola shortly after this story was published—said none of the four people who died at SCORE in 2023 were people transferred or booked through the DAJD agreement. Haglund also said that DAJD plans to reopen bookings at the Maleng Regional Justice Center in Kent on October 2.

“The pilot allowed DAJD to evaluate SCORE housing as a potential option for temporary staffing relief. Given the mutually agreed upon eligibility criteria and the complex and dynamic population housed in our County jails, DAJD’s other approaches have provided a more efficient use of staffing and jail operations than the SCORE pilot could offer,” Haglund said.

On its website, SCORE has published press releases on the four unexpected fatalities this year. On March 25 a 65-year-old man collapsed and died. On May 19, a 43-year-old woman in custody was found unresponsive. On June 27, a 25-year-old was also found unresponsive. And on August 12, a 42-year-old woman in custody was also found unresponsive and died.

The fatality in March is notable because it occurred just as the King County council was debating legislation authorizing the agreement between DAJD and SCORE. The council’s Law, Justice, Health and Human Services Committee voted to approve the legislation on March 7, and the death occurred on March 25. The full council approved the measure on April 4, with council members Jeanne Kohl-Welles and Zahilay voting no. 

At the time, the council was heatedly discussing previous deaths in custody at SCORE, in particular one incident in 2019.

In addition, SCORE seems to be in violation of a condition in the agreement that was added by Kohl-Wells in an amendment to the legislation. In 2021, the legislature passed a law requiring all jails in the state to file reports to the Washington State Department of Health (DOH) on the causes and circumstances of any unexpected fatalities within 120 days of the incident. A Seattle Times report in March found that few jails are complying with the law, which went into effect this year. 

“Our position on the SCORE contract has been the same since the County first considered the proposal months ago: King County should be focusing on finding ways to reduce the number of people incarcerated wherever they are held. Incarceration is a harmful, ineffective, and racially disproportionate policy that we know doesn’t make our communities safer.”—Department of Public Defense director Anita Khandelwal

Specifically in response to that problem, Kohl-Welles introduced and passed an amendment to the DAJD-SCORE agreement legislation that required SCORE to comply with state law and file fatality reports with DOH.

However, according to Mark Johnson, a spokesperson for DOH’s Office of Public Affairs and Equity, DOH has no record that SCORE or any of the six cities that operate the jail have filed reports related to any of the four fatalities that have occurred in custody at SCORE in 2023. Both the March and May incidents occurred more than 120 days ago. 

The amendment Kohl-Welles added to the legislation states: “South Correctional Entity has acknowledged and agreed to comply with the unexpected fatality review requirements in accordance with state law, and publicly issues unexpected fatality reports.

SCORE director Schrum did not respond to requests for comment.

Gilbert, with the union representing public defenders, said that the arrangement created many logistical issues that were a burden for both inmates and their attorneys. Transfers to court were especially complicated, and Gilbert noted that DAJD inmates held at SCORE who had hearings in the Kent courthouse were not directly transferred, but transported to Seattle were they spent a night in a holding cell before before being shuttled to Kent.

In addition, she noted that several public defenders complained of being turned away from meeting with their clients at SCORE because the jail said it did not have adequate staff to accommodate those requests.

DPD director Anita Khandelwal said in an email: “Our position on the SCORE contract has been the same since the County first considered the proposal months ago: King County should be focusing on finding ways to reduce the number of people incarcerated wherever they are held. Incarceration is a harmful, ineffective, and racially disproportionate policy that we know doesn’t make our communities safer.”

Editor’s note: Due to a typo introduced in editing, this piece originally said that five “counties” operate the SCORE jail; in fact, it is six cities.

 

criminal justice, King County, public safety

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[.]”

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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.

Courts, criminal justice, King County, Police

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?”

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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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