October 11, 2023 Dena Jensen

This week there have been at least a couple of presentations of Washington State University’s independent review of progress on addressing the recommendations and strategies in the 2017 Vera Institute of Justice report. One was given to the Incarceration Prevention Task Force (IPRTF) at their special meeting held on Monday, October 09, 2023 at 9:00 a.m., and one to the Whatcom County Council Committee of the Whole at their meeting on Tuesday, October 10, 2023, at 2:15 p.m.

At the IPRTF meeting, no discussion arose about the conflict between language included in the ordinance for the ballot measure sales tax we’re voting on in November regarding jail funding and at least one observation from the WSU report. The ordinance includes a provision to eliminate booking restrictions in a new county jail facility, while the WSU report notes that this will increase the jail population – not decrease it as the Vera Report has recommended. Such restrictions prohibit incarcerating individuals who have potentially committed certain types of offenses and according to rules that are established, often related to qualities of space inside a jail.

I haven’t gotten a chance to listen to the Committee of the Whole meeting yet, where the presentation was given again the following day.

From Ordinance No. 2023-039 for sales tax funding for the jail:

“WHEREAS, on June 6th, 2023, the Whatcom County Council received a letter from the mayors of Whatcom County’s seven cities recognizing their cities’ role and responsibility in supporting this effort, collectively calling on the County to place the sales tax measure on the November ballot; and

“WHEREAS, the mayors of the Whatcom County cities requested that the County include specific provisions in this ordinance to eliminate booking restrictions upon the opening of a new jail facility, to authorize facility expansion to provide for additional bed capacity when and if it reaches 85% operational capacity, to identify potential cost-sharing mechanisms for both jail facility construction and design, and to develop a funding strategy that includes opportunities for federal and state appropriations and grants to support the need for increased behavioral health spending;”

From the 2023 WSU Report to Whatcom County Stakeholders on Progress towards Reducing the Jail Population:

“In 2022, over 700 people benefited from book and release practices; as of mid-year, 2023 was on target to reach nearly 1000 diversions from jail. Cite/Book and release practices have been effective in reducing the size of the jail population.

“Yet, these practices are contingent on impermanent Sheriff’s Office policies developed to address health concerns and jail capacity issues. Forgoing booking restrictions in the future would predictably increase the jail population. Ongoing support is needed from the law enforcement community. Officer morale can suffer among those who misperceive these practices as overly lenient, ineffective, or damaging to respect for law. Support for diversionary approaches, through research/information, training, collaboration across sectors, and highlighting success stories might lead to its greater embrace.”

Link to the full 2023 WSU report: https://whatcom.legistar.com/View.ashx?M=F&ID=12345988…

Here is one of the statistics that came out during the presentation given by WSU Professor, Dr. Jennifer Schwartz to the Incarceration Prevention and Reduction Task Force:

“I think at a macro-level we know, oh crime rates aren’t going up in places where booking restrictions are in place. About 80% of law enforcement agencies use some sort of booking restrictions. So they’re pretty common and wide-spread.”

Again, this is something that pushes against the provision in the ordinance for the sales tax ballot measure to fund the jail – and also in the Justice Project Implementation plan – to size the jail with the goal of eliminating booking restrictions.

I don’t know how much can be done, if anything, to address how to prevent booking restrictions from being removed as called for for in the sales tax ordinance once the ballot measure were to be approved. Our only sure path for a fresh shot at preventing that appears to be to vote against the tax measure this November and have officials make a better plan for a facility – that will serve to reduce incarceration rather than increase it – next year.