(King County video: Presentation begins 55 minutes in)
“This is a tension between public health and public safety.” That’s what King County Prosecuting Attorney Dan Satterberg told the County Council’s Law, Justice, Health, and Human Services Committee this morning. His presentation was related to a Department of Public Defense proposal to further restrict what kind of crimes can result in jail bookings. The proposal is rooted in pandemic-related concerns such as COVID-19 spread and staffing challenges at the jail, which has had booking restrictions since shortly after the pandemic began. Here’s the slide deck that Public Defense Director Anita Khandelwal presented to the committee today, also proposing that prosecutors cut back on filing charges:
The Prosecuting Attorney’s Office says this new proposal would mean no jail bookings for suspects “including repeat felony offenders, sex offenders, and felony home burglary suspects, among others accused of serious felony crimes,” as listed in the Public Defense slide deck. A KCPAO spokesperson says, “We believe that thoughtful, individualized case reviews are better to balance public safety and public health, and we have been doing those.” At today’s meeting, the KCPAO criminal-division chief Dan Clark said, “The problem with the blanket prohibition on certain felony crimes is that it is not a nuanced approach … if you have somebody who steals a catalytic converter every day or somebody who breaks into a home every day and the police finally catch them, if there’s these restrictions in place they can’t book them anymore. The better system is the one we have now that actually takes the opportunity for those high-impact offenders to be in front of a judge and then the judge makes a call.” The KCPAO prosecutes felonies and a handful of misdemeanors. Public Defense represents many of the suspects, and its members said at today’s hearing that their clients are not just at risk of COVID, but are being kept in inhumane conditions because of jail-staffing challenges.
Since the County Council spotlighted this issue, we asked West Seattle’s County Councilmember Joe McDermott via email where he stands. His reply:
Booking policy in the Department of Adult & Juvenile Detention within King County is an Executive Branch policy. The Council does not generally adopt or vote on the policies.
Through the pandemic, the County has intentionally decreased the number of people incarcerated from about 1900 to about 1350, and the January COVID spike is in deep decline already, with currently 61 incarcerated positive for COVID and 62 in quarantine, down from numbers approaching 200 and 250 respectively earlier this month.
Given the previous decrease in population and declining cases, I would not look favorably at a decision not to book further felonies at this point.
“Executive-branch policy” would ultimately be up to King County Executive Dow Constantine, who is quoted here as saying the county already has taken many steps to address concerns. Some councilmembers at today’s hearing said rather than change booking policy, they’d rather see steps taken to address some of the specific conditions cited as concerns.
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