County: Widely Reported Data Point in “Prolific Offenders” Report Was Wrong

Earlier this year, Scott Lindsay—a former adviser to Ed Murray who unsuccessfully challenged city attorney Pete Holmes in the 2017 election—published a report in collaboration with the Downtown Seattle Association and other downtown groups called “System Failure.” The report, which was featured prominently in the viral KOMO 4 special “Seattle Is Dying,” highlighted 100 so-called “prolific offenders,” including 87 who had been arrested in Seattle more than four times in a 12-month period and another 13 who Lindsay felt had “a particularly high impact on public safety,” as SCC Insight reported.

The report included one particularly startling statistic: More than 30 percent of the time, “prolific offenders” were released from King County jail onto the streets at midnight, when social services and shelter are unavailable. “For homeless individuals struggling with substance use disorders and mental health conditions, this practice can be hazardous to the individual and to the immediate surrounding neighborhood,” Lindsay reported. The statistic was reported by most major local outlets, including Crosscut, KING 5,  and the Seattle Times, which said the practice “put[s] at risk those who are homeless and struggling with substance-abuse disorders and mental conditions.”

“It’s not up to  me to correct publicly the inaccuracy of the information they’re making public.”—Consultant Tim Ceis, who worked on the “System Failure” report

The real number of people being released from King County jail onto the streets at midnight, according to the county’s Department of Adult and Juvenile Detention? Zero.

“We researched the past year and determined that no inmate was released out of custody from DAJD facilities at midnight,” says Captain Captain Lisaye Manning, a spokeswoman for the King County Department of Adult and Juvenile Detention. “The terminology of ‘released’ refers to being released from the King County Jail and transferred custody to a different agency, not released out of custody to the streets. There are some occasions that those outside agencies aren’t available until late evening or early morning hours.”

Screen shot from “System Failure” Report

 

Manning said Lindsay and his fellow researchers should have used the county’s public booking database to determine when and why people were released from custody (and to whom). Instead, Lindsay apparently used used the county’s Jail Inmate Lookup System, a blunter instrument intended to help people look up information about specific inmates. That system does not specify the reason an inmate was released or whether he or she was released into the custody of another agency.

“The Executive’s Office conveyed to the report’s author, Scott Lindsay, that he did not use correct data in his evaluation,” Capt. Manning says.

Alex  Fryer, a spokesman for King County Executive Dow Constantine, confirms that Constantine’s office told a consultant who helped Lindsay on the report, Tim Ceis, that the information in the report was wrong. DADJ provided The C Is for Crank with a link to what Fryer calls “the correct database, showing that we’re not putting people out on the streets of Seattle” at midnight. Fryer adds that Lindsay’s error was understandable, given that the jail list is the county’s public-facing database of inmate information. Ceis confirms that the county did inform him and Lindsay “that the information that we were seeing was inaccurate, for whatever reason,” but says he saw no reason to correct the record, since the errors, in his opinion, were the county’s.

“Their record-keeping and what they were putting out there in the jail records was not accurate,” Ceis says.  “It’s not up to  me to correct publicly the inaccuracy of the information they’re making public.”

Lindsay responded at 5:30 this evening to an email I sent three hours earlier. However, his response did not include answers to my questions about the apparent data discrepancy. I have sent him a more detailed list of questions and will update this post if I hear back.

Public Defender Association director Lisa Daugaard, who has said that the “System Failure” report should have been called “Systems Failure,” to emphasize that the justice system is not the only system failing chronically homeless people, says that if the county isn’t releasing people onto the streets at midnight, that’s a welcome change from something that “has been a problem in years past.”

Daugaard says that if the county isn’t, in fact, releasing prolific offenders into downtown Seattle at midnight, that just “underscores my feeling about the takeaways from the report —it’s less that the criminal justice system is failing, as that the criminal justice system, operating in the ways it inevitably does, is not the right system to address these problems, except at the margins and when other systems”—such as health care and housing—”have gaps.” Why, Daugaard asks rhetorically, “is this group [of “prolific offenders”] not prioritized in the large investments that have been made in each of those systems in recent years?”

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From Jail to Homeless Shelter

This story originally appeared on Seattle magazine’s website.

The third floor of the west wing of the King County Corrections Center in downtown Seattle is accessed through a series of heavy metal doors, each one closing with a loud “ka-THUNK” behind visitors as they enter. Walk through a disused lobby, onto an elevator, and up a flight of institutional-looking stairs and you’ll find yourself in the old minimum-security living quarters, where a series of rooms—cells, really—look down on a central staffing station; you can imagine guards sitting behind the semicircular counter, keeping a wary eye on the large security mirrors that overlook the ward. In the rooms, rows of narrow metal bunks beds with chipping blue paint and fake wood-grain headboards are scattered haphazardly, each labeled with a different number. The views from the narrow windows are blocked by bars and glazing that makes it impossible to look outside.

The place feels, unsurprisingly, like a jail—which is just one of many hurdles that King County, and its future, still-unnamed nonprofit partner, will have to surmount before the former jail wing, which has been closed since 2012, can reopen as a 24/7, low-barrier shelter.  Last week, staffers from the county’s Community and Health Services department took reporters on a tour of the building, followed by a press briefing with King County Executive Dow Constantine. Here’s what we currently know about the county’s plans for the shelter, as well as a few questions that remain unanswered.

The Basics

The new shelter, which Constantine said he hopes will open sometime before this coming winter, will include dormitories, storage space, case management, showers, and laundry facilities for up to 150 people. The county hasn’t chosen a partner to operate the facility, which county officials said would cost about $2 million to renovate and $2 million a year to operate. (That funding is included in Constantine’s proposed 2019-2020 budget, which the King County Council is considering now.) The shelter will be open 24/7, allowing people to leave some of their stuff on site during the day and giving those without daytime jobs a place to be during the daytime hours other than on the street.

“As I look around and I see the number of people who are continuing to be out on the streets… and then I see a vacant building right here in the middle of downtown Seattle., it seems to me that we really have a moral obligation to open that up and provide the opportunity for people to get out of the weather and to get the services they need,” Constantine said Thursday. “This is an element of what we need to do. This is not the solution. The solution is the heavy lifting we’ve been doing on root causes, on housing, on behavioral health treatment, on job connectedness, on all of these other root causes. But meanwhile there are people on the streets and that is a humanitarian crisis that we absolutely must deal with.”

Jurors and county court employees have complained about people congregating in parks and on sidewalks near the downtown courthouse, which sits in close proximity to several shelters that require people to leave first thing in the morning. King King County Housing and Community Development division director Mark Ellerbrook said the new shelter will include indoor areas and a courtyard where clients will be able to spend time during the day, and will be connected to a new day center just a block away, at a county-owned building on Fourth and Jefferson that currently serves as a winter shelter.

A recent City of Seattle report on homeless services found that enhanced shelter is several times more effective at getting people  into permanent housing than basic shelters that only offer mats on the floor, which are mostly a basic survival tool for people who would otherwise be sleeping out in the elements. “There’s no real opportunity to connect folks with services in that environment,” Ellerbrook said.

The Optics

Opening a shelter inside a jail building presents what a political consultant might call some challenging optics—and not just because homelessness is not a crime. People experiencing homelessness are more likely than other groups to have past experience in the criminal justice system, and to want to avoid any place that feels like jail. Asked how the county planned to overcome the obvious association between the jail and the shelter, which will not connect directly but will share an emergency stairwell, Constantine responded, “Clearly, this is not ideal … for people who have been incarcerated and may have been traumatized by that experience. This would not be the ideal choice for them to go to, and they don’t have to. Nobody’s going to make them. But for others, it is a very good alternative to being out on the street, to be able to be in a place that is well built, that’s warm and dry and has all of the facilities they need.”

On the flip side, many people who leave jail depart directly into homelessness; prior incarceration is one of many factors that make it difficult for people to find a place to live or a job to lift them out of homelessness, according to the county’s most one-night homeless count. Downtown Emergency Service Center director Daniel Malone, whose organization is one of several in the running to operate the shelter, said, “I certainly can see it as sort of a swords to plowshares situation, where you could repurpose a facility that previously had really negative connotations into something much more positive for people’s lives, but that said, I think there remains some work to be done that would really examine, will people who would be the intended recipients of the help use it in a facility like that?”

Constantine said he sees the new shelter as an opportunity to divert people leaving jail directly to services and “interrupt that process when people are coming out of the jail and to be able to bring them next door to a, set them up with the services they need to be able to be successful. … It gives us a unique opportunity for those who have been justice involved to help them get their lives back on track and not fall into homelessness and then be another person who ends up back in the justice system.”

The Unknowns

Constantine said he wants to open the new shelter before this winter. That leaves a lot of details to be hammered out in a short period of time, including who will run the shelter and who it will serve. Constantine said last week that the new facility will house “primarily men,” but Ellerbrook said the county would try to allow partners, possessions, and pets to the extent possible, which means—among other things—that parts of it might be coed. The shelter will be low-barrier—meaning, as Constantine put it, that “this is not going to be a situation where you have to solve life’s problems before you’re offered a safe place to sleep—but to what extent people with major mental health and addiction issues will be targeted is unclear.

Downtown Emergency Service Center director Daniel Malone, whose group runs the Morrison Hotel on Third Avenue across the street from the King County Courthouse, says DESC will be most interested in running the new shelter if it “prioritizes people with longer-term homelessness and more complicated types of situations that would [require] the more robust set of services that we would like to deliver. Ideally,” he adds, you’d want to build in as few barriers as possible, so making it coed would be in support of that.”