Tag: Law Enforcement Assisted Diversion

“Lateral Transfers” at HSD, Nextdoor Comes to Cops’ Phones, Council Staff Unionizes, and More

1. Seattle Human Services Department director Jason Johnson told the council last week that the existing Homelessness Strategy and Investments Division, which runs the city’s day-to-day work on homelessness and will mostly be subsumed into the new King County Regional Homelessness Authority next year, is “a division of a little over 30 people.”

But a comparison of the agency’s organizational chart—which, indeed, includes more than 30 positions—and a separately compiled list of employees currently on staff shows that the true number is much smaller because people are leaving and not being replaced. In reality, the division appears to have fewer than two dozen employees left, and many of those are on loan from other divisions or departments, are temporary employees, or have given their notice.

The department has been slow to give staffers in the homelessness division clear direction on whether they will have jobs in the new regional authority, or elsewhere in the city, which could be contributing to the high rate of departures.

Last week, Johnson told HSI staffers in a memo that “in no way should be considered a layoff notification” that they would be eligible for “lateral transfers” to other HSD divisions, a new option that does away with the usual byzantine seniority-based “bumping” process. (Basically, if you get a layoff notice but have seniority over someone else with your position in another division, you can “bump” that person out of their job.) Under the new process, any time a job comes open in HSD, it will be held open for people in the homelessness division who want to transfer, which will happen after January 1, 2021, when the RHA officially replaces HSI.

Support The C Is for Crank
The C Is for Crank is supported entirely by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported, ad-free site going. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

By effectively promising jobs to every homelessness division worker who sticks around, HSD could theoretically stem the exodus from the department.

“The Lateral Transfer strategy does not guarantee a placement for every HSI permanent employee,” Johnson wrote. “However, after extensive and 1 on 1 conversations with existing staff and extensive analysis of current and future job opening across HSD, we believe most staff that are interested in staying at HSD will be placed—should they desire to pursue this option.”

Council members have expressed frustration publicly that HSD has not been forthcoming about how many employees will lose their jobs in the upcoming transfer. Judging from the number of people who have left the department or who have reportedly put in their notice in recent weeks, they aren’t the only ones who are frustrated.

2. The city’s widely emulated Law Enforcement Assisted Diversion program, whose 2020 funding remains in limbo pending a consultant’s review of the program, is a law enforcement program that’s categorized by the city as a homelessness intervention, even though its main goal is reducing recidivism among low-level offenders, not getting its clients housed. Only about 70 percent of LEAD’s clients are homeless, and most of them score low on the county’s standard housing assessment, making then virtually ineligible for most housing when units do become available.

The city has decided to address this issue, which LEAD has brought up year after year, by moving LEAD next year to the division of Youth and Family Empowerment, which “supports positive youth and family development through strategic investments in community safety, youth employment opportunities, mentoring and educational supports, affordable living, family support, food and nutrition, and behavioral and mental health programs.” Continue reading ““Lateral Transfers” at HSD, Nextdoor Comes to Cops’ Phones, Council Staff Unionizes, and More”

“Eastlake Is Moving Forward,” Herbold to Pay Ethics Fine, and an Impasse on LEAD

1. During a Monday-morning “celebration” of the 14 miles of new bike infrastructure the city built last year, Mayor Jenny Durkan said that she was committed to building a protected bike lane on Eastlake Ave. a, rather than acceding to demands from neighborhood activists that the city ditch the bike lane for an unspecified neighborhood greenway somewhere else. “We need that bike lane,”  Durkan said. “We can’t have a connected [route] if people can’t get from the north end to downtown Seattle. … Eastlake is moving forward.”

The bike lane is included in plans for the Roosevelt RapidRide bus route that will replace King County Metro’s Route 70 bus; the Seattle Department of Transportation released an environmental assessment of the proposal last month. Neighborhood activists have protested that the bike lane will require the removal of parking along Eastlake, and city council member Alex Pedersen said last week that he would prefer to have cyclists use unspecified parallel “neighborhood greenways” for at least some of the route.

Neither Durkan nor SDOT director Sam Zimbabwe would commit to a specific timeline to complete the most contentious portion of the center city bike network—a long-delayed protected bike lane on Fourth Avenue. Durkan decided to press pause on the bike lane in anticipation of “mega traffic” downtown during demolition of the Alaskan Way Viaduct and a number of other major construction projects downtown. Although Carmageddon failed, once again, to materialize, the Fourth Avenue bike lane remains delayed until 2021, and was scaled back last year from a two-way protected on the east side of the street to a one-way northbound lane on the west side, in the same spot as an existing unprotected lane.

Vicky Clarke, the policy director of Cascade Bicycle Club, made a point of mentioning “gaps in the system” repeatedly in her remarks, and noted pointedly that bike advocates are looking forward to the city “funding and building a two-way bike lane on Fourth Avenue next year.”

Support The C Is for Crank
The C Is for Crank is supported entirely by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported, ad-free site going. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

2.City council member Lisa Herbold will pay a $500 fine for violating the city’s ethics code when she contacted Police Chief Carmen Best over a trailer that was parked in front of her house last year, on the grounds that she was using, or appeared to be using, her elected position for “private benefit” or a non-city purpose. The Seattle Ethics and Elections Commission will take up  the case at its meeting on Wednesday afternoon.

The case stems from an incident last year in which KIRO radio host Dori Monson and conservative activist Ari Hoffman had encouraged listeners of Monson’s show to buy up derelict RVs and park them in front of council members’ houses to protest the presence of “drug RVs” in Seattle. When a trailer showed up in front of Herbold’s home in West Seattle, Monson assumed someone had taken him up on his idea, and encouraged listeners to show up and join the “protest.”

In response to the trailer and the crowd of people outside her home, Herbold texted police chief Carmen Best and asked her to look into whether the U-Haul that brought the RV to her street had been rented by Hoffman and, if so, to consider charging Hoffman with theft. Best declined to investigate and suggested that Herbold call SPD’s non-emergency number.

“If someone has reported a trailer stolen, one has been delivered to the street in front of my house,” Herbold wrote. “I’m not complaining, I want to ensure the property is returned to its owner.” In a followup, Herbold continued, “I’m not asking you to move it. Ari [Hoffman] will twist that as [a] special SPD response for a Councilmember. I would like to find out if 1. anyone has reported it stolen, 2. Give you the license plate number of the uhaul so you can confirm from Uhaul that Ari rented the uhaul & towed it there and you can consider whether it’s appropriate to charge him with theft.”

As it turned out, the trailer was owned by a homeless woman and her family, who had planned to tow it away later that week and did not know that they had parked it near a council member’s house. They returned to the trailer to find that random people, including a reporter for KIRO Radio, had entered the trailer and rummaged through it without permission, and that the outside of the trailer had been covered in graffiti, including the words “DORI MONSON FOR PRESIDENT” across one side. The woman who owned the trailer, who was pregnant, was reportedly threatened with a knife by one of the “protesters.”

Monson never apologized for encouraging his listeners to show up and vandalize the trailer (an act he called “pretty great!!” on Twitter), though he did put give the woman and her family a “hunski” from his money clip on the air the following day. The reporter who entered the trailer, Carolyn Ossario, was reportedly fired over the stunt.

3. Last week, the members of the city council’s public safety committee, led by Herbold, sent a letter to Mayor Durkan asking her to release the full $3.5 million allocated in the city’s 2020 budget for the Law Enforcement Assisted Diversion program by March 1, and to affirm that LEAD—which offers alternatives to arrest for people suspected of committing low-level crimes—is a crime prevention program, not a homelessness program. The letter requested a response no later than last Friday.

Durkan’s office did get back to Herbold’s office on Friday, but they did not agree to fully fund LEAD by March, and they had no response to the committee’s request that the mayor acknowledge that LEAD is not a homelessness program. Supporters of LEAD consider this an important distinction, because the city requires homeless services to focus on moving clients into permanent housing, whereas LEAD is focused on keeping them out of the criminal justice system.

Last year, the council added $3.5 million to LEAD’s budget in an effort to reduce caseloads and allow the program to take on new clients. Instead, Durkan reduced LEAD’s approved budget to the $2.6 million she had proposed in her initial budget, and made the rest of the funding contingent on the findings of a consultant hired to review and craft new performance metrics for the program. As a result, LEAD has delayed expansion plans and is considering cutbacks. A compromise plan the mayor’s office proposed last week would provide enough funding for LEAD to reduce caseloads and take care of a backlog of low-priority cases, but program director Lisa Daugaard says this defeats the purpose of the program, which is to reduce crime by working with individuals who have the greatest impact on neighborhoods.

The response from the mayor’s office is signed by Tess Colby, Durkan’s homelessness advisor. On the issue of funding, Colby wrote: “The split of the contract budget into two phases will not impede LEAD’s ability to staff in accordance with its needs. LEAD is not proposing to hire 52 case managers in the first quarter of 2020, but rather over the course of the year. I note this because the budget we have requested from LEAD will cover expenses associated with the addition of new case managers to right-size their case management ratios. This is consistent with LEAD’s plan to grow in response to referrals and intakes. Thus, the pace of hiring will not be slowed during the first phase of the contract.”

Daugaard said LEAD has no plans to expand until they know they can actually retain the new case managers for the rest of the year; it makes no sense, she told me, to hire people and start ramping up their client base now if the funding might run out in the middle of the year. For now, it seems that the council, LEAD, and the mayor are at an impasse: Durkan says LEAD can proceed as normal, LEAD says they can’t move forward without a guarantee of funding, and the council can do little except register their protest, since the mayor holds the purse strings.

Cyclists Pack Pedersen Forum, Libraries Still Lack Narcan, and an Update on LEAD

1. Bike and bus advocates showed up in force for a “town hall” meeting featuring District 4 city council member Alex Pedersen in Eastlake last night, but many said afterward that the moderators who chose the questions from a stack of cards submitted by the public—a representative from the Eastlake Community Council and a Pedersen staffer—rejected or ignored their questions.

I was live-tweeting the forum, and noticed early on that most of the questions seemed to be from people opposed to a planned protected bike lane on Eastlake, rather than the dozens of bike lane supporters in the audience. For example, early questions centered on how businesses were supposed to deal with the loss of hundreds of parking spaces directly on Eastlake Avenue; why cyclists couldn’t just ride on a parallel greenway somewhere near, but not on, Eastlake’s business district; and what can still be done to prevent King County Metro from replacing the milk-run Route 70 with a RapidRide bus route that will be faster and more frequent but won’t have as many stops.

During the meeting, I noticed that a pile of questions had been set aside, and that the moderator seemed to be favoring questions from people who opposed bike lanes and RapidRide over questions from the bike lane supporters who packed the room. So I asked via Twitter: If you were at the forum and asked a question that didn’t get answered, what was it?

Pedersen was fairly circumspect in his responses, suggesting repeatedly that people contact his office and promising he would get back to them by email. He did, however, say he supported changing the Eastlake bike lane plan—which has been debated, studied, and affirmed repeatedly over a period of several years—so that cyclists would have to shift back and forth between the arterial and short stretches of “greenway” on unnamed parallel streets. “I think [the Seattle Department of Transportation] should look harder at a combination of protected bike lanes on some part of it and greenways on some of it,” Pedersen said.

Invoking the specter of 35th Ave. NE, where a long-planned bike lane was scuttled after neighborhood activists complained that the loss of on-street parking would destroy local businesses, Pedersen added: “There was a lack of transparency” about the proposed bike lane, which he opposed. “People were just trying to figure out what was going on with it.”

“I think [the Seattle Department of Transportation] should look harder at a combination of protected bike lanes on some part of [Eastlake] and greenways on some of it.” — City council member Alex Pedersen

During the meeting, I noticed that a pile of questions had been set aside, and that the moderator seemed to be favoring questions from people who opposed bike lanes and RapidRide over questions from the bike lane supporters who packed the room. So I asked via Twitter: If you were at the forum and asked a question that didn’t get answered, what was it? Here are some of their (slightly edited) answers:

• Given that every study shows bike lanes make streets safer for everyone and are good for business (and that cyclists spend more than drivers), what data are you paying attention to? How will you incorporate the data that already exists about protected bike lanes around the world?

• Have you seen any analysis of the percentage of people who are NOT in Eastlake that commute to Eastlake for any of the businesses that are afraid of losing 320 parking spots? Do people drive to 14 Carrots from other parts of the city?

Support The C Is for Crank
The C Is for Crank is supported entirely by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported, ad-free site going. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

• Have you seen any research about the actual impact of bike lanes on businesses?

• What options are you prioritizing to help my whole family get around without using a car?

• Many people bus and bike through Eastlake, but don’t stop because traffic is so dangerous. What can be done to make Eastlake more welcoming to visitors and encourage fewer single occupancy vehicles, supporting the goal of Vision Zero?

• When will the city consider a residential parking zone in Eastlake (which prevents people from commuting in by car and parking all day in neighborhoods)?

• Why is the RapidRide and bike lane project important for Eastlake and the surrounding area?

Jessica Westgren from Welcoming Wallingford, a group that supports housing density and alternatives to driving, asked Pedersen verbally why he wouldn’t return calls and emails from her organization. Pedersen responded that she should send him an email, ideally including specific information such as “I’m having this issue on my block.”

 

Mayor Jenny Durkan, flanked by parents who lost their son to an opioid overdose and local officials

2. Mayor Jenny Durkan announced that the city will be distributing 700 doses of naloxone (Narcan), a drug that can reverse opioid overdoses, in response to a surge in overdoses from fentanyl in counterfeit oxycodone pills—and, in particular, an increase in the number of teenagers who have died of fentanyl overdoses. Fentanyl is especially deadly, and overdoses happen quickly; an overdosing person can die long before first responders arrive, which is why having Narcan on hand (and knowing how to use it) is so critical.

Durkan said that kits will be distributed in schools, bars, and nightclubs—”any place where it is likely that someone might overdose.” The city is also planning 25 Narcan training workshops.

Since Seattle public libraries are among the places people use opioids—and are, because staff are always present, safer consumption sites than alleys or parks—I asked if the libraries would also start stocking Narcan, and if library workers would be trained to use it. (The library system has been slow to adopt harm reduction policies, and only added sharps containers in restrooms after I published several stories on the issue last year.) Durkan said “we’d like them in the libraries,” but her staff added later that this would be an issue for the library union to negotiate.

Library spokeswoman Andra Addison later confirmed that the library does not have current plans to stock Narcan or train library workers to use it. “The Library currently uses 911 for all medical emergencies. Use of Narcan in our libraries would involve union representatives, and those discussions are just under way,” Addison says. Asked to clarify what the issue would be for the library union, Addison said, “working conditions and the impact on working conditions.”

3. City council member Lisa Herbold has released a copy of the letter I mentioned on Wednesday, urging Durkan to confirm that she will release all the funding the council provided for the Law Enforcement Assisted Diversion program in its adopted budget no later than March 1, and to affirm that LEAD—which offers alternatives to arrest for people suspected of committing low-level crimes—is a crime prevention program, not a homelessness program. Durkan has hired a consultant to look at LEAD’s performance and to determine performance metrics for the program; currently, LEAD is classified as a homelessness intervention and required to meet housing goals, even though more than a quarter of its clients are not homeless. Continue reading “Cyclists Pack Pedersen Forum, Libraries Still Lack Narcan, and an Update on LEAD”

Durkan Proposes Compromise on LEAD Funding, but Supporters Call It a Half-Measure

Mayor Jenny Durkan and the city’s Human Services Department have proposed a partial-funding plan for the Public Defender Association’s Law Enforcement Diversion Program, an arrest-diversion program for people involved in low-level criminal activity that has been replicated in cities across the country. However, the mayor’s plan would only pay to reduce case managers’ existing caseloads, and to eliminate an existing backlog of people referred to the program through “social contacts”—a lower priority for LEAD than new referrals made through arrest diversion, which the PDA considers the heart of the program.

In an email to council members on Monday, Durkan’s homelessness advisor, Tess Colby, outlined what she called a two-phase plan for funding LEAD in 2020. (As I reported earlier this month, the city budget included $3.5 million in new funding for LEAD to reduce caseloads and expand into new parts of the city, but that funding is now on hold pending a study by a consultant.)

The first phase, according to Colby, would include “the costs and timing associated with the ramp-up of staff to reach an appropriate case management ratio that addresses their current client base (roughly 700 persons) and backlog (roughly 300 persons) of clients.”

The second phase would come after the consultant review, which is supposed to wrap up sometime this spring. The consultants are tasked with assessing “LEAD’s approach to diversion and case management in light of its theory of change and national best practices” and coming up with “LEAD-appropriate performance measures,” according to Colby’s letter.

PDA director Lisa Daugaard, who won a MacArthur “genius” Grant last year for her work on LEAD, says the program’s model “breaks” if only existing caseloads and the backlog of social-contact referrals are funded. “LEAD by definition entails responding to new arrest diversions and priority referrals from local businesses,” Daugaard says. “If we don’t help respond to current problems, we’re not an alternative public safety and order strategy—we’re just a case management program for people who, in the past, committed crimes.”

Council member Lisa Herbold echoed Daugaard’s comments at a meeting of her public safety committee on Tuesday, calling LEAD a “public safety program that exists to prioritize responding to emerging public safety and disorder issues that are identified by the communities where we live and work.” Herbold said the mayor’s proposed funding plan “makes it impossible for LEAD to take high-priority arrest referrals, and they cannot operate as a program without being able to” do so.

All four public safety committee members signed on to a letter to Durkan on Tuesday. The letter, written by Herbold, asks the mayor to commit to fully funding LEAD this year; to release the $3.5 million the council has already approved by March 1, with the concession that the contract can be modified after the consultants come back with their report; and to affirm that LEAD is a public safety program, not a homelessness program.

This last point may sound like a small nit to pick, but it gets to the heart of the issue that has led Durkan to hire a consultant to look at LEAD’s approach. LEAD has long been classified as a homelessness intervention and required to meet the same sort of performance metrics as shelters and day centers, such as referring at least 60 percent of all clients to emergency shelters. (LEAD estimates that 70 percent of its clients are unhoused). The PDA has argued that these metrics are not the right ones for for a program designed to improve public safety by reducing crime, and have suggested their own metrics in the past, but the city has continued to treat LEAD as a homelessness program.

Through a spokeswoman, Durkan’s office said the mayor “believes LEAD provides a valuable service to some individuals who have been cycling through our justice system” and “looks forward to continued discussion with LEAD, as Bennett Midland [the consultant] helps us to determine the performance measures that will help us assess the impact of the program on both the individuals they serve and surrounding communities.”

 

Durkan Withholds Funding for Nationally Recognized LEAD Diversion Program

Mayor Jenny Durkan on a tour of Ballard businesses in October.

After squabbling with the city council over funding for Seattle’s nationally recognized arrest-diversion program Mayor Jenny Durkan has decided to withhold a majority of the program’s funding for 2020 and hire a consultant to analyze the program and make recommendations on whether and under what conditions to fund it.

The Law Enforcement Assisted Diversion Program, created and run by the Public Defender Association in collaboration with city and King County law-enforcement agencies, provides case management and referrals to services and housing for people engaged in low-level drug and prostitution crimes. Started as an arrest-diversion program in Belltown in 2011, LEAD has expanded to cover much of the city, and now accepts referrals through “social contacts” in addition to arrest diversions. Last year, PDA director Lisa Daugaard won a MacArthur Foundation award (commonly known as a genius grant) for her work on the program.

The council agreed to provide an additional $3.5 million to LEAD last year after lengthy negotiations and a promise of $1.5 million from Ballmer Group that was contingent on the $3.5 million in additional city funding. The money was supposed to allow LEAD to reduce case managers’ caseloads and expand the popular program geographically. Last month, though, at Durkan’s direction, the city’s Human Services Department sent LEAD a contract that only includes the $2.6 million the mayor proposed in her initial budget, with the rest contingent on an evaluation by New York City-based consultant Bennett Midland, which signed an $86,000 contract with the city in late December.

“The consultants will address appropriate protocols for referrals in partnership with SPD and LEAD and surface best practices in case management, behavioral health treatment and diversion,” senior deputy mayor Mike Fong told LEAD’s senior management in an email in December. “This information will inform their recommendations of relevant performance metrics to be incorporated into an amended contract and for overall consideration of what caseload levels should be. We expect the final report and recommendations this Spring.”

“Revising the contract to add the increased funding of $3.5 million will be informed by the recommendations from an independent program evaluation,” Fong wrote.

Support The C Is for Crank
The C Is for Crank is supported entirely by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported, ad-free site going. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

According to Bennett Midland’s contract, the goal of the consultants’ work will be “to establish a shared understanding of LEAD’s existing deliverables, reporting capabilities, protocols, and procedures in order to develop an appropriate set of performance metrics, inform future program evaluations, and align future budget resources and contract provisions with the program’s foundational goals.”

LEAD says that if the mayor does not release the approved funding this year, LEAD will have to cancel its expansion plans and lay off staff. Currently, LEAD project director Tara Moss says, “LEAD is breaking, because legitimate demand far exceeds our capacity to provide case management. By its nature, it’s a program meant to help officers resolve new current problems, as well as provide long term support to people whose behavior has been problematic in the past.  So for LEAD to be healthy and useful, it has to take appropriate, priority new referrals from police and businesses.  Our police partners are making appropriate high priority referrals that we have no space to absorb, and even if we shut our doors to new referrals tomorrow—which would be the end of LEAD as we know it—we can’t even sustain the current caseload.”

“We are hopeful that the Mayor’s office will release the full funding. We would be really disappointed to see the nature of our grant fundamentally change from expanding a successful program to simply paying for something we thought government had agreed to fund. That would be a loss for the city.” — Statement from Ballmer Group

Durkan’s decision to withhold approved funding from a city contractor is highly unusual and introduces a new uncertainty into the annual budget process. Ordinarily, the mayor proposes a budget, the council amends it, and the adopted budget becomes the budget for the following year. There is little if any precedent for for the mayor’s office to reject the adopted budget for a specific program on essentially a line-item basis. Council member Lisa Herbold, who chairs the council’s human services and public safety committee, says she can’t recall “any budget adds not being funded” after a budget was finalized and passed in the two decades she has worked as a council aide or council member. A resolution “declaring that the City is committed to ensuring that evidence-based, law enforcement-engaged, pre-booking diversion programs, such as LEAD, receive the funding necessary to accept all priority qualifying referrals” passed unanimously in November.

Funding from Ballmer Group was explicitly tied to the $3.5 million in additional city funding, although [UPDATE] a spokesperson for the group says they do not intend to rescind the funding now. In a statement, Ballmer Group said, “We are hopeful that the Mayor’s office will release the full funding. We would be really disappointed to see the nature of our grant fundamentally change from expanding a successful program to simply paying for something we thought government had agreed to fund. That would be a loss for the city.”

“Very sad that we are facing this uphill battle AGAIN.  I thought we had your funding straightened out and on a smooth path; after our budget was complete, Council’s  intentions to fund LEAD expansion was clear.”—Former City Council member Sally Bagshaw

LEAD had already begun to expand its services to include new parts of the city, signing leases on new field offices in SoDo, Capitol Hill, and North Seattle and preparing to add staff through a nationwide search, Daugaard told key LEAD stakeholders in an email last month. “Now it’s far from clear that we should proceed with any of this.” According to Moss, LEAD’s current preference is to “act as if” the $3.5 million will come through midyear, but that’s a gamble—one that Moss says “requires City assurance that the approved funding will be made available by mid-year,” regardless of whether Durkan decides to fund the program after her consultants come out with their report.

Continue reading “Durkan Withholds Funding for Nationally Recognized LEAD Diversion Program”

City Budget Hunger Games: Mercer Megablock Money Grab, Probation Expansion Skeptics, Homelessness, “High-Barrier Offenders,” and More

With literally hundreds of budget amendments in play during the final weeks of city council budget deliberations, it’s almost impossible to cover every issue that’s currently in contention: From the way the police department responds to sex workers to how the proceeds of the Mercer Megablock should be spent, nearly every aspect of Mayor Jenny Durkan’s proposed budget has been the subject of debate among a council that will say goodbye to at least four of its current members at the end of the year. What follows is a highly selective list of some of the proposals and policies that were in contention this past week.

The caveat for this entire post, of course, is that the city will have to completely retool its budget if Tim Eyman’s I-976, which would decimate funding for local transit, road, bridge, and transportation maintenance projects, passes on Tuesday.

• Mercer Megablock proceeds

A number of proposals would redirect or restrict funding from the sale of the Mercer Megablock property away from Durkan’s spending priorities toward other projects. Among the changes council members have proposed:

– Adding $15 million to the Office of Housing’s budget to fund low-income housing projects that are shovel-ready but unfunded under the city’s annual Notice of Funding Availability, which is perennially unable to fund all the projects that are ready to go. The funds would come from Durkan’s proposed Strategic Acquisition Fund (intended to buy land for future projects near transit) and homeownership and accessory dwelling unit loan programs that are aimed at helping moderate-income home buyers and existing homeowners get loans.

– Spending $2.45 million originally earmarked for that same fund to build a four-room child care center serving between 58 and 69 children in the basement of City Hall. Durkan, sponsor Sally Bagshaw noted, has proposed sidelining the City Hall facility and funding existing child care centers elsewhere, but “I do think that King County has solved this problem in the building right next door to us,” which has a child care center, so the city should be able to do the same thing.

Support The C Is for Crank
The C Is for Crank is supported entirely by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported, ad-free site going. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

– Redirecting $2.5 million of the sale proceeds to pay for protected bike lanes in South Seattle, for a total of $10.9 million dedicated to bike facilities in the area. South Seattle—particularly Southeast Seattle—has been historically neglected in the city’s bike infrastructure spending, a fact the city’s Bicycle Advisory Board acknowledged when it recommended prioritizing projects in southeast Seattle neighborhoods in the scaled-back spending plan for the Move Seattle levy. The Seattle Department of Transportation’s implementation plan for the levy basically ignored the board’s recommendations, leaving south Seattle without a single complete connection to downtown. The $2.5 million, O’Brien said, would allow the city to either build a full protected bike lane along Martin Luther King Jr. Way South, or finish out a bike lane on Beacon Hill and connect the South Park and Georgetown neighborhoods.

The current bike master plan map, which includes huge gaps in South Seattle.

• “High-barrier offenders”

The council has been generally skeptical of Durkan’s proposal—based on controversial report by former city attorney candidate Scott Lindsay— to expand programs inside the criminal justice system to address people with severe addiction or mental illness who repeatedly commit low-level crimes. Durkan’s plan would expand probation and add funding for several still largely undefined programs such as “case conferencing” (in which cops and prosecutors discuss how to deal with “high-impact” individuals) and a jail-based “connector” program to direct people leaving jail after short stays to shelter and services.

Several proposals from the council would require that the city auditor take a look at how the mayor’s entire “high-barrier offender” plan would impact low-income people and people of color. Public safety committee chair Lorena Gonzalez, who also proposed zeroing out Durkan’s $170,000 proposal to expand probation, said that when she has asked judges what they’re doing to determine whether probation disproportionately harms people of color, “they have been unable to answer that question.” As for the case conferencing and “connector” pilots, Gonzalez said, “we need a concrete, developed plan from the executive and the law department before we agree to just give them the money… in a hope and prayer that they’re going to structure it appropriately.”

Bagshaw, who supports the mayor’s plan, suggested that the city auditor might not have the “expertise” to determine whether the proposal would harm people of color, and said she would prefer to set up a “roundtable” including judges and prosecutors, who generally support the proposal, and “get moving on it.” Gonzalez responded that the mayor’s plan was “admittedly a half-baked idea, and I think if we are serious about meeting some of the public safety and harm reduction strategies we have as a city, then we have to be serious about creating concrete plans with specific outcomes.” Advocates for harm reduction and pre-arrest diversion programs say the proposal simply throws more money at strategies that aren’t working.

In several related items, Gonzalez proposed funding arrest-diversion options for sex workers (who’ve been targeted by recent stings from the Seattle Police Department) and requiring SPD to work on correctly identifying people by race, including Latinx/Hispanic people. Currently, SPD doesn’t consistently track the ethnicity of the people it arrests, making it difficult to determine how Seattle’s criminal justice system impacts Latinx people.

• Law Enforcement Assisted Diversion

As I’ve reported, LEAD—a successful pre-arrest diversion program that provides case management and services to people committing low-level crimes in certain parts of the city—says it needs an additional $4.7 million a year in additional funding to keep up with growing caseloads. (Durkan’s budget essentially held LEAD’s funding steady at previous levels even though the program’s caseloads and geographic reach have been vastly expanded in recent years). The council seems poised to split the baby, partially funding LEAD with $3.5 million in new spending and directing the program’s backers to come up with private funding to pay for the rest.

“I have every bit of faith in Ms. [Lisa] Daugaard [the director of the Public Defender Association, which runs LEAD]  and the rest of us to be picking up the phone and talking to the private sector” to fund the remaining $1.2 million, Bagshaw said. Gonzalez, one of the co-sponsors (along with Kshama Sawant and Like O’Brien O’Brien) of proposals to fund the full $4.7 million with city dollars, said she had some “anxiety” about the restrictions that might apply to the private funding.

Image via Low-Income Housing Institute

• Tiny house villages

Council member Teresa Mosqueda, who’s on maternity leave (so this item was introduced by Bagshaw), proposed adding $900,000 for 100 new “tiny house village” encampment spots, which Bagshaw said she would like to earmark in some way for LEAD participants. This item, which had the support of all seven council members present, was notable mostly because of Gonzalez’ comments criticizing the so-called “Poppe Report,” which (along with a related report from Focus Strategies) suggested that the city has enough funding for homelessness and opposed tiny house villages and other kinds of interim encampments. The city and King County are about to release another series of reports, including one by Focus Strategies, as part of the Regional Action Plan that will inform the planned consolidation of the city and county’s homelessness agencies.

“One of the most unfortunate things that came out of that Poppe report was her absolute expression of disdain for tiny villages, [which] has hurt our city’s efforts to really provide meaningful solutions,” Gonzalez said. “I have really appreciated the fact that as city leadership we have, in a lot of ways, bucked that predisposition or ideology that she expressed in her report and really have committed to the tiny house village concept.”

• The Navigation Team

Durkan’s budget (like last year’s) seeks permanent funding for two new Navigation Team members (out of four added outside the normal budget process this year), both of whom were funded this year with one-time funds. Sawant’s proposal to eliminate the team—the subject of much hand-wringing among right-wing and even mainstream media last month—predictably received no support, while Lisa Herbold’s extension of a proviso that requires the team to report on what it’s doing appears poised to pass. The biggest debate last week was actually over a proposal, from Debora Juarez, to expand the team yet again to include two new members dedicated specifically to her North Seattle district, which Juarez says is overrun with dangerous encampments that need to be removed. Continue reading “City Budget Hunger Games: Mercer Megablock Money Grab, Probation Expansion Skeptics, Homelessness, “High-Barrier Offenders,” and More”

The 2019 Seattle City Council Candidates: Debora Juarez

Image via Wikipedia.

This year’s council races include an unusually high number of open seats, an unprecedented amount of outside spending, and eight first-time candidates. To help voters keep track, I’m sitting down with this year’s city council contenders to talk about their records, their priorities, and what they hope to accomplish on the council.

Today: District 5 incumbent Debora Juarez. Juarez, a former public defender and pro tem Seattle Municipal Court judge, has served on the council since 2015, and has developed a reputation as a blunt-spoken, fierce advocate for her district. We sat down the same week that a conversation about criminal-justice funding devolved into a debate about why women become sex workers, and we started our conversation talking about that.

The C Is for Crank (ECB): A recent conversation about whether to expand the Law Enforcement Assisted Diversion program went off the rails when the deputy police chief, Mark Garth Green, said some women who engage in sex work aren’t good candidates for LEAD because “aren’t necessarily substance abusers” and do sex work for fun. Unlike your colleagues Teresa Mosqueda and Lorena Gonzalez, you didn’t make any comments during that discussion, so I wanted to ask you what your reaction was.

Debora Juarez (DJ): My reaction was the same as council member Mosqueda and council member [Sally] Bagshaw. We still have this misunderstanding about what sex workers and trafficking, and that it isn’t a victimless crime. They are victims. I’m not outraged. I’m more afraid that if that is what frontline officers think, that affects their ability and their discretion in how they do their jobs. So it could’ve been any officer sitting there saying that. And I’ve heard that [sort of talk] when I was a public defender and a judge.

ECB: It seemed like the larger context that got lost in that discussion was the discussion about whether offering sex workers access to LEAD would be a more effective approach than SPD’s new policy of arresting women on Aurora Ave. And what SPD and the mayor’s office seemed to be saying that there are some people for whom LEAD just doesn’t work. What do you think of that?

“LEAD is just an example of a lot of do-no-harm philosophies that this city has embraced, [though] not in the beginning. I remember when I was a public defender and we started doing needle exchanges and everyone was mad. We had the same arguments then. ‘You’re enabling;’ ‘Drug addicts are going to come from everyone.’ Well, that didn’t happen and now it’s [considered] a public health issue.”

DJ: There is some truth that LEAD doesn’t work for everybody, but I would say overall, it does work if you have a bed ready. If you have somewhere safe for them to go, it does work. And I hate to get into this whole patriarchy thing, but you really need some women in leadership that understand it from a DNA level that sometimes [sex work] is [women’s] last way to take care of themselves. And I would say the majority of women are amenable to LEAD.

ECB: So you think that LEAD needs to be expanded?

DJ: There’s no doubt. I think everyone agrees that it works, that it should be expanded, and that LEAD is just an example of a lot of do-no-harm philosophies that this city has embraced, [though] not in the beginning. I remember when I was a public defender and we started doing needle exchanges and everyone was mad. Now it’s normal stuff, right? We had the same arguments then. “You’re enabling.” “Drug addicts are going to come from everyone.” Well, that didn’t happen and now it’s [considered] a public health issue.

ECB: So do you think LEAD should be funded at the level they’re requesting, which would require an additional $4.8 million?

DJ: I think we just have to land on a number and I err on the side of more than less.

ECB: You’ve supported expanding the Navigation Team, even though a lot of what they do now is just removing encampments and telling people to move along. Do you think that the problem has gotten so bad that just clearing encampments is a worthwhile thing to be spending money on?

DJ: Yes, I do, because I think you have to do something. And I know people don’t want to hear this, but what I’ve seen, particularly in our district, [is that] you have 27 tents and not one person wants to accept services or housing. Or we have these tents and we know that they’re doing sex trafficking and selling drugs. My philosophy has been this: If somebody in Pinehurst is selling drugs out of their house, they should be arrested. If they’re selling drugs out of their tent, they should be arrested. That’s really what I think. We have to do something. Looking away from that issue isn’t good enough.

Support The C Is for Crank
Sorry to interrupt your reading, but THIS IS IMPORTANT. The C Is for Crank is a one-person operation, supported entirely—and I mean entirely— by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going. I can’t do this work without support from readers like you. Your $5, $10, and $20 monthly subscriptions allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

ECB: When you say, ‘We’ve offered them all the services,’ I think that the counterargument would be that there aren’t enough treatment beds or even enhanced shelter beds available.

DJ: I’m physically out there [talking to people who refuse services]. I know what I saw. On the flip side, I have also seen where we have offered services and we’ve had success, mainly when we’ve people into enhanced shelters. That is more palatable [to people living in encampments], and that’s what we need more of. That’s been my big push.

ECB: Do you think the region needs more revenue to address homelessness, in addition to the new regional homelessness authority?

DJ: Yes, in a general sense. Absolutely. And in fact, my original thought six months ago was, I wanted them to also have a part in building housing, not just [providing] services. I wanted them to be able to assume debt and issue debt and actually build housing stock, along with the social service piece and the enhanced services piece. Maybe we can get to that point, because I think there’s a lot of for-profit and nonprofit developers that would feel more comfortable writing a check to a [Public Development Authority] than to the city of Seattle or the King County. That’s what I’m hearing from the private sector.

ECB: Would you be open to revisiting any of the recommendations that came out of the city’s Progressive Revenue Task Force, besides the head tax?

DJ: I wouldn’t;. I’m going to be candid with you on that. That was seven months of not our finest hour. You know, I wrote this memo deconstructing the progressive revenue task force’s report. My position had always been from the beginning that that should be a voter initiative and I wanted it on the ballot. I worked with Mayor Ed Murray when we were looking at imposing a tax, and then you saw what happened—he and the county executive [Dow Constantine] said the people are tax-weary [and dropped it]. It was ready to go, raising $52 million a year for five years.

I would have liked that kind of structure to have that kind of discussion with the head tax. Continue reading “The 2019 Seattle City Council Candidates: Debora Juarez”

“She Told Me She Was There To Make Money and She Enjoyed It”: Diversion Funding Discussion Derailed by Crass Cop Comments

The topic that was actually on the table: LEAD’s ballooning caseload.

A council discussion about whether to expand funding for the successful Law Enforcement Assisted Diversion (LEAD) program, which is understaffed and over capacity, was derailed Wednesday afternoon when deputy police chief Marc Garth Green defended SPD’s recent return to the old, widely discredited policy of targeting sex workers, rather than buyers, for arrests. (That story was reported by Crosscut.)

The exchange came after council member Teresa Mosqueda challenged claims that the city needed tools besides diversion, such as “enhanced probation,” to address “prolific offenders” because LEAD wouldn’t work for certain people. (Mosqueda’s point was that there’s no way to prove diversion doesn’t work for people who have never had the chance to enter a diversion program, and that the problem was funding, not lack of evidence that LEAD works).

I’ve transcribed much of the exchange, but here’s where it got heated: 

Garth Green: We have people who are working the streets that aren’t necessarily substance abusers. They have homes. Some of them choose to do what they’re doing. [From the dais, Mosqueda can be heard saying, “No.”] We need to have some type of intervention with them, whether it be LEAD or something else, but we have to address these types of things. To simply go about doing the same thing over and over again becomes problematic. … We’ve had two homicides in the North Precinct on Aurora directly related to prostitution activities and we have to make that population safe as well. [At this point, Mosqueda tried to speak.] Please, ma’am. I firmly believe in LEAD. We should fund LEAD. All I’m saying is I need a lot of resources to deal with the complex problems that we have up there.

“We have people who are working the streets that aren’t necessarily substance abusers. They have homes. Some of them choose to do what they’re doing… That [knowledge] comes from my experience of actually working the street up there and talking to a young lady who specifically told me that she was there to make money and enjoyed it “—Seattle Police Department Deputy Chief Marc Garth Green

MosquedaYou’re talking about people on Aurora making choices? The only people making a choice in terms of prostitution are the johns on Aurora who are stopping to see if people are willing to get in their car. Those folks who are working on the street are not making a daily choice to go out there. They are… sustaining themselves, their families, their kiddos. This is not a choice people are making, as in, they’re housed, they have all access to health services, and they feel economically stable. … If you’re basing referrals for arrests instead of to LEAD based on your assumption or gut or sense that somehow it was better to arrest them than to get them into LEAD, then I want to see the data.

I’d also like to see data that shows that people are making this choice, because absolutely, in my 15 years of working on this issue, from human trafficking and labor trafficking and standing up for workers’ rights, I have never been so shocked by such an assertion.

Garth Green: I appreciate that, councilwoman. And that comes from my experience of actually working the street up there and talking to a young lady who specifically told me that she was there to make money and enjoyed it and I still believe that that young lady had some problems—

Sawant: This is just unacceptable. Did you just say that that young lady enjoyed it? I mean—

Garth Green: That’s her words, not mine, but what I’d like to say—

Sawant: I don’t think you should be speaking for women at all, much less in the context of the worldwide statistics that the people who get into sex work primarily get into it because of financial constraints imposed on them by the system.

Deputy Seattle Police Chief Marc Garth Green

Later in the afternoon, SPD’s official Twitter account responded with a statement attributed to Garth Green, clarifying his “earlier remarks that I was unable to finish at City Council today.” The statement suggested that, contrary to his previous “she enjoyed it” claim, SPD considers all sex workers to be trafficked victims who may be safer behind bars.

“There is a reason we refer to those engaged in prostitution as High Risk Victims,” the SPD account said. “In our experience, victims are forced into prostitution through violence, deception, and other factors not of their choosing. Diversion options can be limited, and we may need to arrest them to disrupt the cycle of violence and abuse. For people trafficked in prostitution, jail can be a safer place than out on the street. That said, our primary enforcement focus will ALWAYS be those who profit from and support this form of human trafficking.”

Support The C Is for Crank
Sorry to interrupt your reading, but THIS IS IMPORTANT. The C Is for Crank is a one-person operation, supported entirely—and I mean entirely— by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going. I can’t do this work without support from readers like you. Your $5, $10, and $20 monthly subscriptions allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

Garth Green’s comments came in the middle of a presentation on LEAD by representatives from the budget office, the mayor’s office, and the police department, who were defending the mayor’s decision to effectively flatline LEAD’s funding in 2020. (The mayor’s office proposed a $288,000 increase, but Public Defender Association director Lisa Daugaard said that increase will be eaten up by rent increases and boosts to caseworker pay aimed at reducing turnover). Continue reading ““She Told Me She Was There To Make Money and She Enjoyed It”: Diversion Funding Discussion Derailed by Crass Cop Comments”

Justice Reform Advocate Behind Successful Diversion Program Wins MacArthur “Genius” Grant

This post originally appeared on Seattle magazine’s website.

Image Credit: Hayley Young, Seattle magazine

Lisa Daugaard, the Seattle criminal justice reform advocate and director of the Public Defender Association (PDA), used to joke with her staff that she would never get a MacArthur grant—the no-strings-attached financial stipend commonly known as the “genius grant.” “It has been kind of an internal joke among my colleagues and family that this would never happen to me, because I had a particularly challenging dynamic with MacArthur over how the work in the [criminal justice] field should progress,” Daugaard says.

So when she got a call from the MacArthur Foundation—several calls, actually, plus a number of increasingly urgent texts—she thought, “I’ll get to this when I get to it.”

Daugaard was preoccupied with a more pressing problem—the latest city budget left the Law Enforcement Assisted Diversion (LEAD) program underfunded, and the PDA would have to stop taking on new clients starting in early 2020. The city has expanded the program geographically since it first started as a Belltown pilot program in 2005, but resources have not kept up with the expanding need, and the small staff is now “pinned at their desks” by staggering caseloads, Daugaard says. “We’ve been struggling with fairly profound questions about whether LEAD is going to make it in Seattle. … The model will collapse without some recognition that as we build enthusiasm for and willingness to use this model, by definition, we have to grow in capacity.”

So when her phone started ringing, Daugaard says, “I was very preoccupied and grumpy. That morning, I was walking around thinking, ‘I’m kind of done. I don’t think I can fix this.’”

When she finally returned the call, “and then I realized that the only thing they needed to ask me about was whether I would accept this award, it was just one of those moments in one’s life where the thing that you had absolutely, conclusively ruled out as ever possibly happening does happen, and it reminds you that you should probably stop assuming that you know what is possible,” Daugaard says.

LEAD, a joint effort between the PDA, police, and other community stakeholders, is a pre-arrest diversion program that offers alternatives to the criminal justice system for low-level offenders with mental illness and substance use disorders. The program has been shown to be more effective than other approaches at reducing recidivism, reducing arrests by 60 percent compared to other approaches. Versions of LEAD now exist across the country—a testament, supporters say, to the effectiveness of the program.

MacArthur’s process for choosing grant recipients is notoriously secretive. It involves following potential recipients’ work for multiple years and interviewing other people in their orbit to gauge the impact of their work. “The idea that folks who have tried to steer the criminal justice field are feeling confident about this direction was kind of news to me, and very welcome information,” Daugaard says.

She hopes Mayor Jenny Durkan and other city leaders are paying attention. “The people who confer about what direction our field needs to take have decided that this is a very promising direction and that this is not a risk. I hope that that is the takeaway,” she says.

As for what she plans to do with that $625,000 of grant money from the foundation? Daugaard says she’ll figure that out soon—right after she finishes up a couple of big projects, including training 15 organizations from across the U.S. on the LEAD model. “I think in 2020 I will be able to start stepping away and doing some writing” about the theory and practice of LEAD and why it works. She knows the program will go on whether she’s actively engaged on a day-to-day basis or not. “I’m proud and pleased that [LEAD] is not dependent on any one person or any one personality and style,” she says. “I’m really confident that that the same insights will be generated, and the same problem-solving will happen, whether I’m there or not.”

New Plan for Dealing With “Prolific Offenders” Substitutes Punishment for Harm Reduction, Advocates Say

Advocates for harm reduction took strong exception to a set of recommendations from a joint city-county “High Barrier Individuals Working Group”, arguing that several of the proposals are just extensions of the existing, punishment-based criminal justice system rather than the kind of programs that make meaningful, lasting change in the lives of people suffering from severe addiction and mental illness.

The four-pronged plan, which Mayor Jenny Durkan, King County Executive Dow Constantine, City Attorney Pete Holmes, and King County Prosecutor Dan Satterberg announced last week, came out of the recommendations of a work group assembled to respond to former city attorney candidate Scott Lindsay’s controversial “System Failure” report last year. That report looked at the records of 100 people with long lists of misdemeanor charges and determined that many of them had failed to comply with conditions imposed by the court, such as mandatory abstinence-based treatment, random drug and alcohol tests, and appearing regularly in court.

“We have too many people who’ve been cycling through the criminal justice system and we have not been able to design the right interventions for that,” Durkan said in announcing the proposals last week. “We had some of the highest-cost interventions that were also the least effective. We knew we needed to come together and bring people across jurisdictions to address this issue.” Satterberg described the proposal’s goals more bluntly: City and county officials needed a way “to manage what we see as obvious social disorder.”

The four pillars of the plan, which would be partly funded through Durkan’s upcoming budget proposal, are:

Expanded probation. This would include a new “high-barrier caseload” model, in which probation officers (described in the recommendations as “probation counselors”) would meet with parolees outside the probation office and parolees would be required to show up in court more frequently; and a “high-barrier treatment” model, in which offenders would get reduced sentences in exchange for going to inpatient addiction treatment.

According to Durkan, “probation counselors” with “special training in harm reduction…will meet with individuals where they are in the field, have more frequent review hearings with judges, and give people that chance to spend less time in jail only if they agree to certain dependency treatment.”

Harm reduction advocates say adding more obstacles, such as additional mandatory court dates and coercive treatment,  represents a fundamental misunderstanding of the concept, which relies on non-coercive tactics to help people achieve better health, fewer arrests, and a better quality of life. This, in turn, reduces the harm they cause the community. They also argue that sending probation officers out into the field to track down clients and provide “counseling” will cause confusion and could lead to greater harm to people on probation, because probation officers (unlike real counselors) are obligated to tell the judge if a client is violating the terms of their probation.

“It would be incongruous and disingenuous to train probation officers in harm reduction counseling if the judges—to whom the probation officers report—were to use coercion to force people into mandated and abstinence-based treatment and require abstinence in return for reduced sentencing.”

“I’ve found in my clinical practice that clients start to get confused when parole officers start calling themselves ‘probation counselors’ because they start to think, ‘I can tell this person anything, and, I can tell them how I’m really doing,’ but [the probation officers] are still in this adversarial role,” says Susan Collins, co-director of the Harm Reduction Research and Treatment (HaRRT) Center at the University of Washington. For example, if someone on probation told their “probation counselor” that he was struggling to abstain from drugs and alcohol, the officer would have to report that to a judge as a probation violation, which could land the parolee back in jail.

Mandatory treatment is also contrary to harm reduction, because it makes sobriety, rather than improved outcomes, the goal. “Harm reduction doesn’t have to be at odds with serving protecting public safety. In fact, these goals would seem to be very compatible if we weren’t so fixated on abstinence achievement as a proxy for not committing crimes.” Moreover, it isn’t very effective, especially for people with severe drug and alcohol use disorders who are also facing other major challenges such as a criminal record and homelessness.

Support The C Is for Crank
Sorry to interrupt your reading, but THIS IS IMPORTANT. The C Is for Crank is a one-person operation, supported entirely—and I mean entirely— by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going. I can’t do this work without support from readers like you. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

The “success” rate of short-term inpatient treatment, which is what the report recommends for parolees struggling with substance use disorders, is abysmally low already (about 9 out of 10 people with alcohol disorders who enter inpatient treatment, for example, relapse in the first four years), and the “success” rate for people with no support system or place to live when they get out is likely even lower. Although the work group’s report quotes an NIH pamphlet saying that “treatment does not have to be voluntary to be effective,” that pamphlet does not include links to actual research, which shows that although forced treatment can work, it usually doesn’t. The most recent research on the kind of severely addicted, chronically homeless people the probation proposal is supposed to address, Collins points out, actually showed that mandatory 28-day inpatient treatment was the least effective form of treatment.

“In addition to the nonexistent research foundation for coerced or mandated abstinence-based treatment for this population, the proposed approach is troubling philosophically,” Collins says. “It would be incongruous and disingenuous to train probation officers in harm reduction counseling if the judges—to whom the probation officers report—were to use coercion to force people into mandated and abstinence-based treatment and require abstinence in return for reduced sentencing. This is like a bait-and-switch for some of the most vulnerable folks in our community.”

Harm reduction advocates say adding more obstacles, such as additional mandatory court dates and coercive treatment,  represents a fundamental misunderstanding of the concept, which relies on non-coercive tactics to help people achieve better health, fewer arrests, and a better quality of life.

Holmes, speaking last week, said expanded probation, with enforcement mechanisms like “random UAs [drug tests]” and consequences for noncompliance, would be complementary to LEAD’s “softer touch.” “We’re talking about a challenging population that does need the specter of a court intervention or revocation hearing [that] can follow when someone doesn’t comply with the terms of their probation. … We do have to [consider] public safety first, and a probation officer is going to be able to bring noncompliance to our attention so that probation can be revoked and sentencing reimposed as necessary.”

Collins, with the HaRRT Center, says “harm reduction”—like the Downtown Emergency Service Center’s successful program for people with alcohol use disorders at 1811 Eastlake— “doesn’t have to be at odds with serving protecting public safety. In fact, these goals would seem to be very compatible if we weren’t so fixated on abstinence achievement as a proxy for not committing crimes.”

The expansion of a recently opened shelter in the decommissioned west wing of the King County jail by 60 beds, which Durkan suggested could be reserved for “high-barrier offenders.” Durkan claimed last week that the shelter would be a “comprehensive place-based treatment center” with “on-site treatment for mental health and substance abuse disorders… something that doesn’t exist” yet in the city.

This statement—repeated by the Seattle Times, which described the shelter as a “60-bed treatment center”—is inaccurate.

“It’s going to be a shelter,” says DESC director Daniel Malone. “So, just to be really clear—it’s not going to be licensed as a treatment facility, but we will bring behavioral health treatment resources there. … What we do in a lot of our locations is have a regular, often scheduled, presence of different kinds of behavioral health specialists there to engage with people, form relationships, and help them access services.” (City officials were apparently asked to stop referring to the shelter as a treatment center prior to Durkan’s remarks last week.) Continue reading “New Plan for Dealing With “Prolific Offenders” Substitutes Punishment for Harm Reduction, Advocates Say”