State Reform Spotlight: Washington

Washington leads the way with smart policy reforms and partnerships for change.

The mistreatment of prisoners has garnered national attention lately. The recent case of Cassandra Brawley, who was shackled during her pregnancy and recovery in 2007 in Washington State, is one such example of these injustices. Nevertheless, in March of 2010, Washington became the seventh state to pass legislation banning the shackling of pregnant inmates. The law, which went into effect in June, gives Washington inmates some of the strongest legal protections in pregnancy and childbirth across the nation.

What happened in Cassandra’s case should never happen, yet it is the way in which legislators and advocates respond to flaws in the criminal justice system that defines them as admirable reformers. This recent legislation reminds us of the continuing efforts of the Washington State legislature and Department of Corrections to recognize systematic problems.

Over the course of the past two decades Washington State has led the way in criminal justice reform by changing drug policy and placing renewed emphasis on prison conditions and reentry.

Washington has had to work through the same issues, such as recidivism, rising drug use and prison overcrowding, that have plagued the rest of the nation in a post “tough-on-crime” era. However, as discouraging trends emerged, the state pursued research-driven solutions to develop new programs and pass landmark legislation. Notably, the state’s sentencing reforms that began in 2002 were recognized in a 2009 report highlighting best practices in criminal justice reform last year.

In 1996 the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) dramatically changed the welfare system in the Unite States. Among these changes were employment requirements and a five year limit on the receipt of welfare benefits, both designed to encourage gradual self-sufficiency. The Act came at a time when the “war on drugs” still drove “tough on crime” policies forward, often without realizing what the consequences would be.

Part of the PRWORA was a restriction that banned anyone who had ever been convicted of a drug related felony from receiving welfare. In practice, this meant that often those who needed help the most as they left prison and tried to start new lives were ineligible for assistance. Starting in 1997, lawmakers in Washington began rethinking the way inmates and ex-offenders are treated and decided to partially opt out of that part of the federal welfare ban. Washington legislators saw that serving the practical needs of ex-offenders can be key in the fight against recidivism. This legislation meant that offenders in Washington who met certain requirements, such as participating in a drug treatment program, would be able to receive the public benefits they need.

Five years later, with budgets pressed, it came time to consider the effectiveness of the current state drug policy. In 2002 HB 2338 used the same logic that has recently been implemented by Justice Reinvestment in states across the nation to shorten sentences and reinvest saved money. In this case sentences for low-level drug offences were shortened, and the savings were pumped back into drug treatment programs. According to a report by the Governor’s Council on Substance Abuse, every dollar invested in alcohol/drug treatment in Washington State, saved $3.71 in medical care and criminal justice costs over the following four years. Much like other recent sentencing reforms across the country, the bill was hailed as a successful bipartisan collaboration.

In 2003, an analysis on public safety and crime by the Washington State Institute of Public Policy led to an important piece of legislation that allowed inmates to earn more time off their sentences for good behavior. The law would allow prisoners who showed that they had reformed and were ready to reenter society to do so sooner, thus saving taxpayer dollars. Additionally, the law encouraged inmates to participate in reentry programs and behave in a way that would lead to this type of earlier release, making prisons generally safer and more orderly. A 2009 PEW analysis of the law’s effectiveness revealed that over $7,000 per offender was saved by shortening jail time and providing more treatment programs that could help lower recidivism rates.

In the seven years since these criminal justice reform laws, leaders in Washington have continued to work for safer communities and a more just system by focusing on safety in prisons and the success of ex-offenders after release.

In 2007, an increase in violence in prisons gave the Department of Corrections cause for concern. The department immediately reassessed their strategy, noting that nearly half of all prison violence was gang related. As inmates entered prisons, officials made note of any gang affiliations and adjusted placements accordingly to ensure maximum safety for all. As a result violent infractions in prisons across the state have decreased by 5 percent each year.

Entering society after release can be scary for many ex-offenders who are often ill-equipped to find work, housing and treatment in order to become crime-free, productive members of their communities. The Washington State Offender Reentry Initiative provides a set of strategies to better prepare prison and jail inmates for release. The Initiative began in 2008 with strong support from a diverse group of organizations including the Departments of Social and Health Services and Employment Security as well as faith-based organizations. Using evidence-based strategies, they were able to meet or exceed most goals for participating offenders within the first year.

 

Washington has also recently been selected as a key state in the Models for Change partnership, which seeks to lead the way in juvenile justice reforms. Funded by the John D. and Catherine T. MacArthur Foundation, the program is designed to create replicable changes in juvenile justice reform, one state, county, or correctional facility at a time.

 

You can read more about these exciting projects in the Washington State Offender Reentry Initiative Report and on the Models for Change website.