No jail for some crime suspects? Mayor tells County Executive: ‘This proposed plan presents an unacceptable public-safety risk…’

ORIGINAL REPORT, 3:05 PM: If you think some crime suspects get out of jail too quickly now – wait until next month, when, according to a story KING 5 broke last night, the county might not allow some of them to get booked into jail at all – they’ll be brought downtown, processed, and released. We just heard about this when Mayor Murray’s office sent a news release, saying he has sent County Executive Dow Constantine a letter objecting to it:

Mayor Ed Murray has serious concerns about a King County proposal to release additional felony suspects in property crime cases immediately after booking in downtown Seattle. The mayor outlined his concerns today in a letter to King County Executive Dow Constantine.

“This proposed plan presents an unacceptable public safety risk to the residents of Seattle and will undermine our mutual efforts to reduce drug and property crimes,” wrote Murray. “This proposal also has serious potential policing and budget implications for the City of Seattle.” (Full letter embedded below)

On Feb. 1, King County plans to reduce the inmate population by instituting a “book-and-release” policy for several felony drug and property offenses, including auto theft, hit and run (with injury), malicious mischief, reckless endangerment, stolen property, theft, vehicle prowl and drug possession.

The proposed plan will mean that suspects arrested for these crimes in communities around King County will be brought to Seattle to be booked and then released onto the streets of downtown.

Currently, judges individually assess each suspect booked at the jail to decide whether to hold them pending trial. The proposed County plan would eliminate a judge’s review in favor of a presumption of release for these non-violent offenses.

In his letter, Murray outlined alternatives to reduce burdens on the jail (reducing the time between a suspect’s arraignment and trial), as well as reduce impacts on the city (remote booking or mandatory return transportation for suspects brought downtown for booking from jurisdictions outside of Seattle).

We’ve asked both the county and city for a copy of the memo that Murray says police chiefs received this week, and we’ve asked the executive’s office for reaction to Murray’s letter. We’ll add whatever we hear back.

5:13 PM UPDATE: To answer journalists’ questions including ours, the executive’s office set up a conference call last hour, and your editor here was one of four who asked questions. The toplines:

*This is a done deal at this point – it was part of the county budget approved by the County Council and Executive.

*Rather than a budget cut, this was a budget request that didn’t get granted. The County’s director of adult/juvenile detention William Hayes, one of three county reps on the call, said it would cost $5.2 million to open another section of the jail to handle the increase in daily population expected over the next year if everything was status quo – last year’s average daily county jail/detention population (Seattle and Kent) was 1900, 50 over projections, and this year was expected to be 1920. There’s room at the jail – but not the personnel to staff it. That request was not granted. This policy is the result.

*The key talking point was that this would mean a difference of a few hours or few days in time most of these suspects would have spent in jail. It was also stressed that police will have the option to say, we don’t want this suspect released. In response to that, we pointed out that police might not get immediate access to the suspect’s full record, or warrant status. The county reps say that if technical problems keep them from finding out whether there’s a warrant out for someone, they won’t be released until the status can be verified.

*Overall, the county reps (also including Constantine spokesperson Chad Lewis and a budget-office staffer, Krista Camenzind) said a “chronic structural gap with the county’s general fund” is to blame. 70 percent of the general fund goes to criminal justice, from deputies to prosecutors to defenders to judges to jails, and it’s been going down even as the population grows, with a $54 million gap to cover this time around. We asked, couldn’t the civil system have been cut instead of the criminal? Reply: It already had been.

*We asked for a copy of the memo that the mayor mentioned, received this week by police chiefs around the county pointing out which crimes this generally would affect. The county reps say that was a draft memo and they don’t have a final version yet because suggestions were made by chiefs at a meeting yesterday and some of them are being incorporated into the final version.

Overall, Lewis summarized, the county considers this change the “best of bad options that are available.” Hayes said it’s not as if the suspects are being set entirely free – they will have to come in for court dates, and even if they fail to appear, “at some point (the legal system) is going to catch up to them.”

The cynical person might wonder if this is a setup for a forthcoming ballot measure to ask for more criminal-justice funding, we suggested. Lewis said no, there are no plans to seek any kind of a funding measure for public safety; Constantine is pursuing the Best Starts for Kids initiative, Lewis pointed out, an early-childhood initiative that he hopes will reduce the need for criminal justice, years down the road.

ADDED 6:12 PM: The mayor’s office has provided, at our request, the document mentioned in Murray’s letter, circulated to police chiefs earlier this week. Read on for the full text – including the proposed list of crimes; note that not all property crimes are involved – for example, residential-burglary suspects would still be held as they are now, this memo says:

King County Jail Population Management Plan (JPMP)

King County Police Chiefs Meeting
January 8, 2015

Due to the ongoing deficit in its General Fund, King County will implement a plan to manage its
jail population starting February 1, 2015. The deficit stems from the deficiency in General Fund revenues, which increase an average of 2.5 percent annually, largely due to State law
restrictions on property tax growth. In contrast, expenditures grow an average of 3.5 percent
annually, consistent with inflation and population growth. The 2015/2016 biennial deficit was
$54 million in the General Fund and deficits of this magnitude are projected into the future
given the revenue shortfall.

The County’s jail population reached a low point in 2012 and has been increasing steadily since.

Managing the projected increase in population would have required a $5.2 million addition in
staffing and related costs, which would have increased the deficit to $59.2 million and required
additional cuts in County criminal justice agencies. Rather than increase the budget for jail
housing and cut elsewhere, the County will seek to manage to an average daily population of
1,800, or what can safely be managed with existing staff. The average daily population is
projected to reach 1,917 in 2015 if left unchecked.

The County will continue to book and hold all city and Department of Corrections inmates under existing contracts and will apply the Jail Population Management Plan (JPMP) exclusively to County-responsible pre-trial detainees – individuals accused of misdemeanors in the unincorporated area or arrested by Washington State Patrol, as well as individuals accused of
felonies.

County Responsible Misdemeanors

Individuals booked on citations or warrants for Driving Under the Influence (DUI), certain
protection order violations, or who have a Domestic Violence flag will be held until they appear
before a judge or bail/bond out, if eligible. All inmates with a Domestic Violence flag will not be released until seen by a judge, in accord with existing court order. DUI and protection order statutes include:

 RCW 46.61.502 – DUI

 RCW 46.64.503 – Driver under 21 Consuming Alcohol/Marijuana

 RCW 46.61.504 – Physical Control

 RCW 7.90 – Sexual Assault Protection Orders

 RCW 10.14 – Anti-harassment Orders

 RCW 74.34 – Vulnerable Adult Protection Orders

(King County Jail Population Management Plan DRAFT 2)

Inmates booked on their second warrant for a misdemeanor charge will be held and be eligible
for bail, bond or personal recognizance release as they are today.

Inmates booked on their first misdemeanor warrant with a bail amount under $5,000 will be eligible for release under the JPMP. Jail Personal Recognizance (PR) Investigators will interview the inmate and determine if he or she is to be released under the JPMP. Anyone who cannot or will not sign the PR release form or whose behavior shows signs of serious mental illness or impairment will be held consistent with current procedures and policies for these individuals.

Felony Investigations

Anyone booked on a Superior Court warrant will be held and be eligible for bail as they are today. The JPMP only applies to felony investigation bookings on low-level, non-violent crimes.

The following investigation codes will be eligible for release under the JPMP:

 2499 – Auto Theft/Stolen Vehicle

 2699 – Fraud

 3999 – Gambling

 5401 – Hit & Run w/ Injury

 5380 – Malicious Mischief

 5003 – Perjury

 1350 – Reckless Endangerment

 2899 – Stolen Property

 2389 – Theft

 2305 – Vehicle Prowl

 3599 – VUCSA

All other investigation bookings will be held as they are today.

Jail PR Investigators will interview the inmate and determine if he or she is to be released under the JPMP. Anyone who cannot or will not sign the PR release form or whose behavior shows
signs of serious mental illness or impairment will be held consistent with current procedures
and policies for these individuals.

Override Mechanism

If the individual booked is eligible for release under the JPMP and law enforcement would like
to hold him or her, then the officer should request an override from the King County Jail. To
make this override, the arresting officer will complete the objection to release portion of the
superform indicating the reason why the person should be held AND obtain a supervisor’s

(King County Jail Population Management Plan DRAFT 3)

signature. The County jail will hold the individual until he or she appears before a judge or
bails/bonds out, if eligible.

What will not change

 The Law Enforcement booking process will not change. Officers will continue to bring all
arrestees to the County’s jails where they will be booked, fingerprinted, checked for
outstanding warrants and interviewed by a PR Investigator.

 All people booked on city-responsible misdemeanors and Department of Corrections violations will be held under the terms of existing contracts.

 City and County prosecutors will continue to file charges on cases provided by law
enforcement.

 The courts will continue to adjudicate filed cases.

 Inmates booked on felony investigation or warrants for violent crimes, crimes against people, sex offenses, and crimes involving children will be booked and held as they are today. This category includes all Class A felonies, and many Class B and C felonies, such as residential burglary and arson.

 Individuals booked on Domestic Violence and Driving Under the Influence (DUI) will be
booked and held as they are now, as will individuals with Domestic Violence flags.

 All individuals booked on Superior Court warrants will be held as they are now.

 An individual who is not coherent enough to comply with the booking process will not be released until he or she has completed the process, which means people will not be released to the streets in an intoxicated or impaired condition.

 Inmates whose behavior shows signs of serious mental illness will be held according to existing policies and procedures.

Note: The JPMP is subject to change based on feedback on this draft.

50 Replies to "No jail for some crime suspects? Mayor tells County Executive: 'This proposed plan presents an unacceptable public-safety risk...'"

  • Jim January 9, 2015 (3:20 pm)

    More of that “lean innovation” that the King County Exec is known for?

  • 2 Much Whine January 9, 2015 (3:23 pm)

    *grabs popcorn*

  • justadumbguy January 9, 2015 (3:24 pm)

    This ‘plan’ simply boggles the imagination. Who can we contact to voice our displeasure, disbelief and dismay with this wrong headed idea?

    • WSB January 9, 2015 (3:58 pm)

      We’ll know more in a bit – in response to our inquiry and others, the county exec’s office has a conference call coming up at 4 pm for reporters. We’re calling in. Not sure who will be on the other end, but we’ll add info as we get it. – TR

  • Mr Elliott January 9, 2015 (4:07 pm)

    A “hit and run (with injury)” is a non-violent offense?

  • garden_nymph January 9, 2015 (4:08 pm)

    So, if I understand correctly, the SPD is expected to locate and arrest these people so that they can be quickly released? Property crimes and felonies?!? Wow, just… wow!

  • sam-c January 9, 2015 (4:10 pm)

    dang, seems like i need to change professions instead of working hard for what (little) we have (with the likelihood that it will just get stolen anyway).

  • justme January 9, 2015 (4:11 pm)

    Great. Now that area of town will be even more seedy than it already is.

  • Lola January 9, 2015 (4:23 pm)

    We might as well set our stuff out to the curb and tell the thieves to have at it since they will just be released after they get caught. Way to go Seattle.

  • dsa January 9, 2015 (4:46 pm)

    Book Constantine.

    • WSB January 9, 2015 (4:50 pm)

      The County Council apparently signed off on it too – I don’t know if it was in his original budget or a change – the county corrections chief says they asked for the $5.2 million it would have taken NOT for this to happen but were denied. One of these things that apparently is buried deep within the multi-hundred pages of an annual budget and then months later we all find out. I read a lot of agendas and try to get through budgets but still only scratch the surface … Adding notes from the call now.

  • tucknip&scratch January 9, 2015 (4:51 pm)

    Fight Crime Shoot Back!!

  • newnative January 9, 2015 (4:59 pm)

    What Mr. Elliot said, hit and run with or without injury is by nature, violent.

  • JTB January 9, 2015 (5:07 pm)

    Jim, it seems to me this plan might well be the result of a “lean” analysis. Somehow I suspect that outgrowth of Six Sigma quality improvement methodology doesn’t account for (quantify and measure) public sentiment or sensibilities around these presumably lesser felony offenses compared to violent crimes. That’s interesting in light of the classic complaint from leftists directed at the police as having priority obligation to protect private in the form of businesses. So we have the proposal actually valuing personal safety over ownership of property. Supposing most people wouldn’t want to quibble over that prioritizing, It seems to me we are faced with a discussion about allocation of resources and identification of other measures to achieve cost reductions/ increased efficiencies. Of course, the latter would presumably have been identified in a competent Lean program, so have to think either we don’t have useful options as Ed Murray suggests or the Lean program isn’t very good.

  • anonyme January 9, 2015 (5:20 pm)

    Seattle has become a city with virtually no enforcement of law, period. IMO, Dow and the whole damn council need to be kicked to the curb.

  • dsa January 9, 2015 (5:27 pm)

    The decision maker politicians do not understand why the criminals prowl and break into houses etc. Most of them need their fix. Simply book and release is not going to stop them from their immediate quest for a fix.

  • Elizh January 9, 2015 (5:33 pm)

    Get out of jail free cards to almost every thief who wants one, and an invitation for every vigilante wanna be to come out and have some fun.

    Meanwhile, we now pay law enforcement to waste our money doing pointless pantomimes in apprehension.

    The clowns who agreed to this deserve some national attention.

  • Rick January 9, 2015 (5:42 pm)

    Soon as my nephew gets out of prison in Kansas I imagine he’ll want to come here.

  • flimflam January 9, 2015 (5:53 pm)

    this really does not make sense. what kind of deterrent would this possibly offer? there is no consequence at all for these crimes it seems.

    .
    Constantine is not very bright.

  • Diane January 9, 2015 (5:59 pm)

    Re: “Constantine is pursuing the Best Starts for Kids initiative, Lewis pointed out, an early-childhood initiative that he hopes will reduce the need for criminal justice, years down the road.”
    ~
    even if there is a direct correlation between this kids initiative, it will take at least a year to pass, and several years to be implemented, then many more years for the kids to grow up and see if there really is a correlation; so 20+ years down the road; meanwhile, they’re just gonna let all the criminals go free to do more crime? Insane!!!

  • Peter January 9, 2015 (6:00 pm)

    A few years ago the city was planning on building it’s own jail on the block just south of the county jail. Maybe time to revive that.

    • WSB January 9, 2015 (6:03 pm)

      The city isn’t awash in money either. Again, it’s not a lack of room. The county detention division said it would cost $5.2 million to open the now-unused parts of the county’s jail(s), to hold the anticipated increase in daily population, and that money wasn’t found.

  • Joe Szilagyi January 9, 2015 (6:03 pm)

    So, is the short version that the Executive asked for this funding as part of the budget but the Council is responsible for not funding it, putting us where we’re about to be?

    Was there a roll call/vote of who voted against and is specifically responsible of the nine council members?

    • WSB January 9, 2015 (6:08 pm)

      Joe, I hope someone is looking into it. I won’t get to, at least for a few hours. Here’s the county page with budget links:
      .
      http://www.kingcounty.gov/exec/PSB/Budget/2015-2016.aspx
      .
      I *am* adding one thing to this story (besides that link) – the mayor’s office provided the memo that the county says was “draft.” Converting it to a PDF right now.

  • Diane January 9, 2015 (6:35 pm)

    thank you TR so much for digging into this; I’m sure our Mayor also appreciates your efforts

  • Twobottles January 9, 2015 (6:45 pm)

    Let’s slow down a bit. While at first blush, it may seem so, I don’t think this means people can commit these crimes and get away with them without fear of punishment. Unless I’m wrong (be polite, please) it simply means people will not be held between the time of arrest and time of trial and potential conviction, essentially an immediate, free bail. Will some skip? Sure. But the county still reserves the right, I think, to prosecute.

  • westseamike January 9, 2015 (7:35 pm)

    no Twobottles, it means nobody doing less than stabbing/shooting/killing somebody will go to jail. Even using your vehicle to hit somebody and leaving won’t get you in jail with this. There will be no penalty that sticks, they can’t get them to pay fines. That’s exactly what it means.
    .
    Time to throw our County Executive and the council out, what a joke they are. I applaud our mayor for having a set and speaking up about it.

  • Spooled January 9, 2015 (7:42 pm)

    Wow! It’s like a real-life version of the “Grand Theft Auto” game franchise brought to you by your friends at Constantine Entertainment. Time to rob and mob. Too bad there isn’t a way to make money off these criminals to offset their incarceration costs. Somewhere there has to be a need for masses of low/unskilled labor in an easily supervised environment where some costs could be recovered.

  • Azimuth January 9, 2015 (7:44 pm)

    The stock in the public square is cheap!

  • ChefJoe January 9, 2015 (7:51 pm)

    Twobottles, it also means officers will be bringing booked criminals from all around the county to downtown Seattle and they’ll be released there on the same day (rather than held until bail is arranged, etc).

    The fear is that whatever the immediate motivation was for the crime (desire for drugs, for example) might still be relevant and they’ll be in downtown with that motivation.

  • AmandaKH January 9, 2015 (7:54 pm)

    I would like to know what percentage of people arrested are awaiting a space at a mental health facility – and need to “stay in jail” until one becomes available.

  • KT January 9, 2015 (8:05 pm)

    …”even if they fail to appear, “at some point (the legal system) is going to catch up to them”…

    Bull.

  • KT January 9, 2015 (8:09 pm)

    Well, I guess SPD’s refusal to chase the car prowlers that the Seattle Times’ Danny Westneat wrote about will be repeated over and over and over …..

  • trickycoolj January 9, 2015 (9:00 pm)

    My colleagues and I were discussing the King5 story today. It’s really disconcerting that a repeat criminal was brazen enough to just smash and grab a car at Randy’s on East Marginal. We work a few blocks away and the whole street is just a buffet of cars in wide open Boeing parking lots, many of them are not behind gates either.

  • tim January 9, 2015 (9:13 pm)

    Azimuth, as long as we don’t persecute witches!

  • VC January 9, 2015 (10:55 pm)

    This is what marijuana legalization gets us.

  • the truth January 9, 2015 (11:00 pm)

    Don’t kill me for this comment, just food for thought. Do bike lanes seem as important now people are free to steal your bike? Does a multibillion dollar tunnel seem like a good idea now that your car will be stolen? Does adding more cops seem as important when there work is now meaningless? Does our losses in the SLUT seem like a good idea when you can get robbed on it? We need a council that can focus on what to send on vs what makes them feel like they can campaign on. I am sure you can pick apart my individual examples but my train of thought is on the right track.

  • Chris D January 9, 2015 (11:03 pm)

    How is it that we’re often ranked one of the ‘smartest’ cities in the country?

    http://www.fastcoexist.com/3021592/the-10-smartest-cities-in-north-america?fullsite

  • JanS January 10, 2015 (12:56 am)

    VC…what the hell does marijuana being legal have to do with this?

  • Kayleigh January 10, 2015 (7:02 am)

    I know there’s no simple answer to this, but since we have such a fantastic economy here with lots of good-paying jobs and new tech money, why are our government coffers so low? So low, in fact, that we can’t even maintain the basics, like infrastructure, transportation, and public safety?

  • Eric January 10, 2015 (7:16 am)

    This is absolutely ridiculous and what does legalizing marijuana have to do with this, VC? The problem with this, is that as soon as these people are back in the streets, they are most likely going to commit more crimes. There are no real consequences, and the person probably figures that for every 20 or so crimes they commit, they might get caught for one of them. The odds then are in the criminal’s favor in their rationality, so why stop committing these crimes. It’s not like they’re going to stop simply because they were caught and so their morality all of a sudden blossomed. They need to remain in jail for the simple fact that with the person off the street, they cannot continue to commit their crimes.

    I will be voting against the Dow and anyone who shares his approach to this situation. If our government wasn’t so sloppy with their finances and overseeing government employees with wasted finances, we could easily find the money needed.

  • AIDM January 10, 2015 (9:50 am)

    I feel that this is being mis-interpreted by many and possibly even slightly mis-reported here. The book and release program would not hold suspects in jail between the time they are booked and the time they are arraigned or tried (depending on what the judge decides regarding bail), but it does not automatically mean that a guilty suspect does not receive jail time. The article title “No jail for some crime suspects” should read “No jail for some crime suspects between booking and arraignment.”
    **
    I’m not saying I agree with the policy, but do feel that many are misinterpreting it.

  • JimmyJam January 10, 2015 (10:02 am)

    Oh crappers! It looks like all that money I thought I saved myself from going to the so called “greater good” by voting in anti-tax legislators is probably now gonna be spent paying insurance deductibles and replacing items nicked by serial criminals breaking into my house and cars. Oh, the irony!

  • elikapeka January 10, 2015 (10:04 am)

    I have the same question as Kayleigh. With the booming economy, massive construction, and population increase in the Puget Sound area, I would think tax revenues should be going up accordingly. I don’t understand why basic services and spending are being cut in what appears to be a good economy.

  • B January 10, 2015 (10:24 am)

    I think Spooled has a great concept in an earlier post regarding having these criminals fulfill a need for the masses. How about letting them sort our garbage for us. Instead of a day in jail, they could spend a day sorting trash, and the masses could just throw all of their trash into one (or maybe two) bins.

  • Mike January 10, 2015 (10:48 am)

    AIDM, I don’t think it’s being misinterpreted at all. It’s a get out of jail free card for criminals. The bigger issue is that not only will these same criminals go do the same and worse right after being booked and released, they’ll take off and cost even MORE to be caught again. It’s beyond stupid. The entire reason you put a person in jail is to prevent them from hurting themselves, another person or continuing their criminal acts, this does exactly the opposite by letting them run free until time of arraignment (which can be weeks, months, years). It’s a pass for anarchy.

  • wetone January 10, 2015 (11:06 am)

    Dow is a piece of work along with our whole judicial system. Everyone keeps saying how successful and fantastic the Seattle and state economy is, well if it’s so great why do we have an issue such as this ? Mayor and city counsel keep saying we have a budget for the tunnel, waterfront rebuild, 520 mess, Mercer mess, bike related projects and many more that are in work or done. Many sub par and needing rework before the paint is dry. But no money for this issue ?
    I have mentioned on here over the last couple years how the criminal’s are coming here and crime is getting worse only to get “city says different and crime is down” I still say bull, it’s just the way they record/classify numbers just as they do with their budgets. People doing the burglaries and mail fraud know it’s one of the easiest states to do as you wish with no or very little action from law enforcement and that’s a fact. Stolen mail leading to fraud is a big problem in the Seattle area today with little being done since police only have a couple people to work the cases. Many involving the elderly. I guess that’s what keeps our economy going so well is the criminals spending there booty….

  • AIDM January 10, 2015 (12:34 pm)

    Hi Mike, I think the average arraignment time is about 24 hours, at which time a judge can decide to impose bail, so it’s not weeks or months or years. The other point is that these are people who probably would have been released without bail in about 24 hours (i.e. after arraignment) anyway. Again, I don’t agree with the policy, but it is worthwhile to understand things correctly to avoid hyperbole.

  • Heinz January 12, 2015 (9:14 am)

    We should consider a new law, making the convicted pay for their keep as part of their punishment/rehabiltation.

  • West Seattle Neighbor January 15, 2015 (12:29 pm)

    I would shorten that list to; 
     3999 – Gambling

     5003 – Perjury

     3599 – VUCSA

    Everything else harms others. I’ve been broken into 2x when living in another neighborhood and one burglar hit my small dog with one of the bars he pried off my neighbor’s window breaking his teeth. I would have been sickened to hear that the criminal was released a few hours later.

Sorry, comment time is over.