juvenile solitary confinement

Advocates Oppose New Juvenile Solitary Confinement Legislation in King County

Seattle News:

Another lawsuit has been filed against SPD Chief Adrian Diaz, this time by SPD Captain Eric Greening, who is alleging Diaz discriminated against women and people of color. Greening is the sixth SPD employee to file a suit against Diaz in the last four and a half months. This count does not include the lawsuit filed by Officer “Cookie” Boudin against the department last November, also alleging racial and gender discrimination. 

SPD Officer Daniel Auderer, the SPOG VP who was caught on body cam footage mocking the death of Jaahnavi Kandula, finally had his Loudermill hearing last Thursday. This was the last necessary step before Chief Adrian Diaz announces his disciplinary decision, which he must do within three weeks of the hearing. It is unclear if the timing of this hearing will affect Auderer’s receipt of the backpay negotiated in the new SPOG contract should the Chief decide to fire him. 

Gennette Cordova wrote an op-ed in the South Seattle Emerald about the continued problem of violent and racist policing in the U.S. I suggest reading the whole thing, but here is a taste:

“Due to a massive hole in our budget, our entire city is plagued by a spending freeze and, in many departments, significant cuts — except for the police. Not only does their budget continue to grow but, this week, the council will vote on paying Seattle Police officers $96 million in back pay and raises, on top of their $400 million budget, while adding zero accountability measures.

As we approach the anniversary of George Floyd’s death, let this serve as a reminder that the pervasive problems with policing, and the issues that arise from the systemic defunding of social programs, that were all highlighted four years ago — are now worse. If making our communities, and our country as a whole, safer is a priority for you, we must renew the fight that so many left behind in 2020.”

The SPD recruitment bill passed Full Council this week with two amendments, one that requires more reporting on the 30×30 Initiative to recruit women officers and one that adds childcare provisions. The vote was unanimous, although Councilmembers Woo and Strauss were not present. The continued push to recruit women officers given the 30×30 report last year saying current women officers wouldn’t recommend working for SPD, as well as so many recent lawsuits alleging sexual discrimination, is concerning. 

Another women died at the SCORE jail this March, raising the total death tally for the jail to 5 individuals in a period of a little over a year, which is quite high. SCORE has still to file 2 of the 4 reports required for the previous deaths. Rumors continue that the Seattle City Council and Mayor are considering a contract with SCORE for booking low-level misdemeanors that the King County Jail currently won’t book. Another possibility on the table is a contract with the Issaquah City Jail. As PubliCola reported, at least 2 people died at that jail last year. 

There was a court ruling on May 10 regarding a group of protesters arrested in early 2021 for writing in chalk on the barrier around the SPD East Precinct, after which they were booked into the King County Jail counter to the currently standing booking restrictions. In the case of Tucson et al v. City of Seattle et al, the judge found that the decision to book the protestors was due to “City policy or practice to discriminate against anti-police protestors.” The judge further denied qualified immunity to the nine SPD officers named in the suit.

At next week’s Public Safety committee meeting, councilmembers are expected to receive an overview of the 30×30 Initiative and SPD’s latest 2024 Staffing and Performance Metrics report. Not on the agenda is further discussion of the Automated License Plate Reader (ALPR) legislation. The Community Police Commission (CPC) said in its latest newsletter that Councilmember Bob Kettle is seeking feedback on the ALPR proposal. Here’s one quick way to send that feedback.

King County News:

At their Law and Justice committee meeting this week, King County councilmembers held a discussion on proposed legislation to modify the definition of solitary confinement for juveniles. This legislation was first discussed back in the fall with the stated purpose of of being able to provide one-on-one programming to juveniles in detention, but it was put on hold due to some legal questions. Now it’s back on the docket, and the ACLU Washington, the King County Department of Public Defense, Team Child, and Choose 180 all turned up to speak against the new legislation. 

Chief among their concerns are the many exemptions this legislation would put in place that could extend the current 4-hour limit on juvenile isolation, which is currently the main protection for youth. Other concerns are a lack of time restrictions for one-on-one programming, which has the potential for abuse, and the lack of language prohibiting solitary confinement for juveniles due to lack of staff, as the Judge Patricia H. Clark Children and Family Justice Center (CCFJC) has been struggling with staffing along with the King County Jail. King County Public Defender Anita Khandelwal commented that the ordinance banning juvenile solitary confinement has been “chronically violated over the last several years.” 

She continued, “Just this past week, one of our clients advised her attorney that she and the other girls only got out of their cells for a normal amount of time twice out of the eleven days she’d been in custody.”

Councilmember Claudia Balducci said she supports a ban on isolation in juvenile detention, but that the amount of violence in the facility has been increasing the last couple of years, the vast majority of which are youth assaulting other youth. She spoke of the need to protect the youth in the County’s care from being assaulted by others. She acknowledged that restrictive housing being used due to staffing issues is a problem.

The legislation would also allow a person alleging to have been injured by a violation of the county’s solitary confinement policies to recover reasonable litigation costs and make ongoing independent monitoring and reporting of the facility permanent. 

The Law and Justice committee normally meets once per month on the fourth Wednesday, so unless an extra meeting is added to the schedule, the earliest this legislation would be up for discussion and possible vote would be June 26. 

Washington State News:

We have news of how much was paid in the new Washington state capital gains tax for 2023: $433 million, down from $786 million paid last year, which was the first year of the new tax. As KUOW reported:The top 10 payments accounted for $142 million this year compared to $394 million last year.” This volatility is particularly interesting as one of the most mentioned progressive revenue options for Seattle is a city-wide version of this tax. 

Recent Headlines:

 

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The Debate over ShotSpotter in Seattle Continues, While King County Takes Up Juvenile Solitary Confinement

Seattle News:
Budget

A new op-ed critical of ShotSpotter being in Seattle’s 2024 budget was published this week. There will also be a webinar about ShotSpotter next Wednesday, November 8 at 5:30pm; it will live stream on YouTube and has a Facebook event page.

Speaking of ShotSpotter, at last Friday’s budget meeting, an amendment was proposed to cut $1.5 million from the Crime Prevention Pilot proposed in the Mayor’s budget (this would cut all funding associated with ShotSpotter and CCTV cameras, while leaving money for license plate readers) and instead use these funds to pay for behavioral health services at tiny home villages that have been partially defunded in the 2024 budget. These services allow tiny home villages to house folks with higher acuity needs than they’d otherwise be able to take. 

CM Herbold said she was disappointed that it didn’t appear any additional community engagement has happened over the use of ShotSpotter since last year. Apparently about a month after her request to Senior Deputy Mayor Tim Burgess for the studies he said existed to back up his claim that uniting the ShotSpotter technology with CCTV cameras improved its accuracy rate and its admissibility as evidence in court, he finally sent her some studies. Six of these studies only spoke to the potential benefits of CCTV cameras, with no mention at all of ShotSpotter acoustic gun detection technology. One final document sent was a suggestion found in a guide that one might pair the two technologies, but this didn’t include any study nor reference to a study.

CM Pedersen said we needed to fund ShotSpotter and CCTV cameras because of SPD’s low staffing levels. Perhaps he is not familiar with this study, which found: “Although the study is limited to one city, results indicate AGDS may be of little benefit to police agencies with a pre-existing high call volume. Our results indicate no reductions in serious violent crimes, yet AGDS increases demands on police resources.”

CM Nelson said, “I think there is probably evidence on both sides of the argument depending on which study you’re looking at.” She then failed to present a single study supporting the use of ShotSpotter. 

There was a marathon budget meeting to discuss all the councilmembers’ proposed amendments last Friday. Besides the one using ShotSpotter funding for behavioral health services for tiny home villages, here are some of particular note:

  • Two amendments add funding for domestic violence survivors, including one for mobile community-based survivor supports.
  • Two amendments add funding for inflationary adjustments and a 2% provider pay equity increase for ALL human services worker contracts (some of them were excluded from this in the initial proposal), although one of the sources of funding has raised some questions.
  • A State of Legislative Intent (SLI) requesting HSD and CSCC/CARE perform a gap analysis of the City’s current and priority investments in gun violence prevention as compared to the recommendations in the King County Regional Community Safety and Wellbeing (RCSWB) Plan, and identify complementary, duplicative, or gaps in services provided by the City and King County. 
  • Additional dollars for both the Office of the Inspector General (OIG) ($50k) and the Office of Police Accountability (OPA) ($222k)
  • A proviso asking SPD to resume their contract with Truleo, which provides technology to review body worn camera footage. There is a long storied history behind this one, but it seems worth mentioning ACLU WA has historically been against the use of this technology for privacy and civil rights reasons. 

CM Mosqueda also laid out her plan for discussing new progressive revenue options, as well as other budget-related legislation that isn’t required to balance the 2024 budget. Initial proposals will be discussed on Wednesday, November 15. There will be an additional budget committee meeting after the budget is passed by Full Council (theoretically on November 21) to discuss and vote on these progressive revenue proposals. That extra meeting will be on Thursday, November 30, and should any legislation pass that day, it will then move to a Full Council vote on Tuesday, December 5.

It is pressing for the Council to discuss new progressive revenue options due to the forthcoming budget deficit, which for 2025 currently sits at $251 million. Any new revenue that is passed by Council would need time to be implemented, so in order to have new revenue to fill that budget gap in 2025, legislation would need to be passed sooner rather than later.

New progressive revenue options you can expect to see include a proposal for a small city-wide capital gains tax and the potential repeal of an extant water fee/tax. Councilmember Sawant has proposed two amendments that would require small increases to the current JumpStart payroll tax; these amendments would fund mental health counselors for schools ($20 million) and pay increases for city workers ($40 million). CMs Herbold and Mosqueda co-sponsored both these amendments.

In addition, there has been some talk of a CEO pay ratio tax. This could be instituted as another layer of the JumpStart payroll tax, to be levied on total payroll and applying only to corporations that exceed the CEO pay ratio. It is unclear how much additional revenue this would generate.

The Affected Persons Program, originally funded in the 2023 budget, did not have its work group implemented by the OPA this year. In response, it has had its funding moved over to HSD to contract with a community-based organization to coordinate the workgroup.

SPD’s New Ruse Policy

SPD announced their new ruse policy to much fanfare this week. This policy was created in response to the infamous Proud Boy ruse during the 2020 protests, as well as another ruse by SPD in 2018 in which an officer lied to the friend of a suspect in a fender bender, saying a woman was in critical condition because of the crash. The suspect committed suicide about a month later.

The new policy outlines the circumstances in which a ruse is allowed to be conducted. They are no longer supposed to be used for the investigation of misdemeanor property crimes. Perhaps most strikingly, they are also not allowed to be broadcast over radio, social media, or any other mass media format, a rule that, had it been in place in 2020, might have prevented the Proud Boy ruse. Officers are also supposed to consult with a supervisor before instigating a ruse, although only when “reasonably practical,” which seems like a potentially large loophole.

There are also now new requirements for documenting patrol ruses, which has led to some speculation over how many ruses will actually be documented in the manner described in the policy, as well as how much extra time (and potentially overtime) this might require. The word “ruse” is required to be specifically used in these reports, which could potentially make public disclosure requests around these sorts of police actions a bit easier to implement. 

What this new policy doesn’t directly address is the lack of communication that may have led public officials such as Seattle Public Utilities’ Emergency Manager into believing and making decisions based on their belief in the Proud Boy ruse.

Black Officers Alleging Discrimination at UW Police Department

Back in 2021, five Black officers at the UW Police Department filed a claim alleging dozens of incidents of racial discrimination in their workplace. Jury selection for this trial, which involves claims of over $8 million, began last week. Apparently an outside review was done of the department in 2019, which found a “culture of fear.” And yet UW President Ana Mari Cauce expressed surprise at the lawsuit since the review didn’t mention racism as a concern. How it would have uncovered such a thing given the aforementioned culture of fear is an open question.

King County News:

Solitary Confinement for Juveniles

The King County Council is discussing a new ordinance to replace the ordinance they passed in 2017 banning solitary confinement for juveniles, with a possible vote planned for this coming Tuesday.

First, some scene setting: King County’s youth detention facility has been experiencing staffing shortages. Right now 73 detention officers are employed there, while they are funded for 91 officers. This year they have hired 20 new detention officers while 21 detention officers have left their positions, leaving the facility with a small net negative for the year in terms of staffing numbers. 

The Department of Adult and Juvenile Detention say they would like the juvenile solitary confinement ordinance changed in order to be able to provide one-on-one programming to juveniles at the facility. This would involve a change to the definition of solitary confinement.  But advocates, including ACLU Washington, the King County Department of Public Defense, and Team Child, have brought up a few concerns:

  • Due to the continued staffing shortage, advocates are worried staffing issues might become an exemption to the ban of solitary confinement for juveniles. While Councilmember Balducci’s proposed striker amendment does improve upon this, they desire to see stronger language clarifying that staffing issues won’t become an exemption to this regulation, especially in order to prevent solitary confinement being justified as needed due to a facility safety issue.
  • The ban on juvenile solitary confinement does not include any enforcement mechanism for violations. Without a means of enforcing the right to not be put into solitary confinement, the ban doesn’t necessarily protect juveniles in practice. Advocates are asking for a system that allows kids who have been illegally held in solitary confinement to be able to collect damages without having to file a lawsuit as a means of enforcement. 

If you would like to weigh in on this issue, you can email or call your King County councilmembers and/or give public comment in person or remotely at the committee meeting on Tuesday, November 7 at 9:30am.

Drugs in King County Jail

According to an indictment, a former King County Jail guard allegedly accepted bribes to bring methamphetamine and fentanyl into the King County Jail for two inmates. 

In response, Executive Constantine released the following statement

“The charges alleged in this indictment represent not just a breach of public safety, but a disdain for the trust placed in those we count on to serve and protect. I want to make clear – the charges against this former employee and his co-conspirators tarnish the work that our corrections officers do every day to serve their community with professionalism and the highest standards of care.

The public can count on King County to continue doing everything we can to stop fentanyl and other contraband from entering our correctional facilities.”

Once again, this calls into question the intentions behind Seattle’s drug criminalization bill passed earlier this fall, given some of the people arrested due to this bill will end up in a jail in which illegal drugs are potentially circulating.

WA State News:

Finally, a small tidbit of what is to come during the next state legislative session beginning in January 2024:

Meanwhile, more help will be sought to fill the ranks of law enforcement agencies. The Association of Washington Cities wants the Legislature to update the local Public Safety Sales Tax to allow councils to use the funds to boost officer pay and increase behavioral health resources. It’s also asking the state to offer more classes at the Basic Law Enforcement Academy and expand regional academies.”

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The Debate over ShotSpotter in Seattle Continues, While King County Takes Up Juvenile Solitary Confinement Read More »