Webb's "National Disgrace" Is a Source of Local Pride

By Dan Satterberg, King County Prosecuting Attorney

Last week Senator Jim Webb (D.,Va.) introduced legislation that would create a national commission to look at every aspect of our criminal justice system, arguing that our justice system has deteriorated to the point that it is a "national disgrace".  Sen. Webb's commission will examine these primary questions:

• Why are so many Americans in prison?

• How can we re-shape our drug policies?

• How can we better diagnose and treat mental illness?

• How can we build workable re-entry programs so that our communities can assimilate former offenders and encourage them to become productive citizens?

I applaud the senator for taking on this subject matter of criminal justice reform, which seldom carries any political advantage compared with tough talk of longer sentences.  I would, however, strongly disagree that the criminal justice system is a "disgrace", at least as we have built it here in King County.  I want to assure citizens that the King County criminal justice system is fair, progressive and innovative, and a source of local pride.

Incarceration rates:  Sen. Webb decries the number of inmates in American prisons and jails.  Again, I can't speak for the rest of the country, but Washington state, which is ranked 13th in population, ranks 44th in the rate of incarceration.  King County's average daily jail population reflects an incarceration rate that is half the national average.

Americans enjoy greater freedom than most of the world's citizens, and perhaps the freedom to break the law is a byproduct of overall liberty.  We do not, at least locally, over-incarcerate citizens as a response.  At the same time, we have achieved historic lows in the local crime rate by using incarceration in a targeted fashion, reserving it for both serious violent offenders and habitual criminals such as car thieves and burglars.

Drug Policies:  Since the inception of King County's Drug Court in 1994, we have fully embraced the role of drug treatment in the menu of criminal justice options.  Prosecutors led the drug reform of 2004, where we cut drug sentences by more than half, and sent treatment monies to each county as a steady source of funding to continue drug court successes.  In 2005, 22% of state prison inmates were there for drug crimes; in 2008, that number has fallen to 13%.

Mental Health Services:  Many exciting plans are underway locally to find more humane ways to deal with low-level offenders arrested for displaying the symptoms of mental illness.  The county is designing a jail diversion center to provide an alternative place for police to take a mentally ill offender.  We are also planning to double the size of our Mental Health Court, and offer those treatment services to cases originating in municipal courts around the county.

Community Corrections: King County has a fully developed jail alternatives program that serves both the needs of public safety and about 250 people per day who would otherwise have been sitting in jail awaiting trial, or serving short local sentences.  This program instead focuses on vocational and literacy needs, and manages large work crews for structured community service.

Re-Entry Programs:   We are beginning to understand the need to build an infrastructure of prison re-entry as part of the criminal justice system.  Each year 7,000 inmates are released from Washington's prisons, most without any plans for developing marketable skills, stable housing, or avoiding the factors that fed their criminality.  Two out of three will return to prison within three years.

We must do more to support non-profit enterprises like Pioneer Human Services who provide critical skills, jobs and housing for inmates.  Unfortunately, the state budget to support re-entry programs is among the many casualties of this session of the Legislature.

Reviewing Tough Laws and Life Sentences:  We should not be afraid to re-examine our Three Strikes law, to make sure that those receiving life sentences truly deserve to be punished forever.  I have reviewed a number of the early cases that went through our courts and have recommended clemency for those who have now served 14 years for second degree robbery convictions. Prior to the adoption of "Three-Strikes" those defendants would have received a sentence of 18 months.  I favor systematic review of those cases as a matter of fairness, and to send the powerful message to those in prison that their behavior matters while in the institution.

Senator Webb's broad condemnation of the criminal justice system as a "national disgrace" does a real disservice to the hundreds of dedicated professionals working in our local justice system every day.  While we are not afraid to lock up dangerous offenders, we are reluctant to use incarceration as our only tool, because it is expensive and often counter-productive.  We are instead integrating drug treatment and mental health services into our array of options, and developing programs to help people stay out of jail, and to re-enter society upon release.  Criminal justice reform may always be a work in progress, but we have much to be proud of in King County.

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