Sue Lani Madsen: Measure 1 measures up

At nearly 40 years old, the Spokane County Jail and the systems surrounding it are serving a changing population. Spokane County Measure 1 proposes a tax to pay for major reinvestment, and the return is there.

Safety was a common theme at Tuesday’s public hearing held by the five Spokane County commissioners. Victims of crime and advocates for victims spoke to safety from crime. People both pro and con pointed to the need for better addiction treatment and mental health care.

Testimony against the measure pointed to past lawsuits over jail conditions, describing the proposed plan as not specific enough. But there is a plan outlining the areas of spending. This isn’t a bond issue to build a new jail. This is about creating a funding stream for Spokane County and its cities to address public safety, behavioral health and criminal justice systems as well as aging infrastructure over a 30-year period.

Stalling the process for more conversation with stakeholders leaves the status quo in place. Even opponents of Measure 1 agree there has to be change.

More than a decade ago, a study proposed redesigning the system to help break the cycle of incarceration as well as overhauling facilities. But that was shelved in 2011, according to a conversation last month with former Sheriff Ozzie Knezovich. Delaying another decade isn’t going to make the needs go away.

Change requires money, which means taxes. The burden for building and maintaining these systems falls to the counties. The state allows counties to collect up to 3/10 of 1% in local sales and use tax for these dedicated purposes. The money isn’t available to fund the underlying social issues as some folks testifying advocated. Spokane County currently collects only 1/10 of 1%.

Measure 1 creates a public safety funding stream by adding 2/10 of 1% to the Spokane County sales tax rate on all purchases except motor vehicles. When opponents harp on the estimated total collected over 30 years using billions, it masks the probable cost to an average household.

Assuming 75% of a household’s income is spent on taxable purchases, an individual earning $36,000/year or roughly $17/hour would pay an additional $54 each year. Curtis Graham, who testified that his stolen truck was recovered but with over $4,000 in missing gear, had no complaint about paying that much extra each year for public safety investments.

Measure 1 is about building a new system to deal with a different population than 40 years ago. Sheriff John Nowells cited increasing substance abuse, and needing a system designed to “make sure there is something waiting for them that is less attractive than treatment.”

To be clear on terms, a county jail is not a place for long term lockup. Jails hold people who have been sentenced to less than one year in detention, or who have been arrested and are awaiting the next step, whether trial or diversion to services.

County jails have to deal with both the “will nots” and the “cannots,” those who will not accept help to change their lives and those who cannot make that choice without support.

To the radicals in the jail abolitionist movement, no jail is ever a good jail. To crime victims, effective use of jail to separate the will nots from the community is essential for safety. Jennifer Muroya Thomas described the cost to restore a family broken by violent crime, her family, as tens of thousands of dollars.

Former law enforcement officer Mark Howard, said it’s “amazing what people will talk to you about in back seat of a patrol car.” He described the empathy gained from listening to his passenger describe how hard the transition out is when trying to change, and the need for different treatment for those who “cannot” and those who “will not” comply with society’s standards.

Jail abolitionists may never have met a young man like the one in Seattle arrested as part of a group responsible for a series of violent anti-Asian attacks. When brought up before a King County judge, he was incredulous to learn he was not going to be immediately released. “I can’t get house arrest? You let people out who shoot at people,” said the teenager.

“Well, I’m not letting you out,” said the judge, on a video that went viral.

Put that young jail resident down as a “will not.” Or at least will not change until reality smacks him upside the head.

Then there’s the “cannots,” the ones who because of drugs or mental health battles or immature stubbornness cannot change direction without significant intervention. For them, jail becomes a way to get sober and get their attention.

The most poignant question came from a fellow named Anton who gave no last name or address. “Why is mental health care under the police department?”

How we got here is a long story. Mental health care reform is a tough issue. There has been foot-dragging, victim blaming and insistence on more specifics. Meanwhile the criminal justice system is doing it and the system needs different facilities and programs to do the job better.

Contact Sue Lani Madsen at rulingpen@gmail.com.