WA lawmakers discussing bill to reform pre-trial release policies

OLYMPIA, Wash. - The House Community Safety Committee convened Thursday to hear testimony on House Bill 1252, which aims to reform pre-trial release policies in Washington state.

Sponsored by Rep. Lauren Davis, D-32, the bill seeks to make it more difficult for suspects who run from police to get out of jail and to increase judicial accountability.  

The bill would require judges to classify suspects who flee from police as public safety threats, granting them the authority to impose higher bail amounts.  

What they're saying:

"We have a small collection of judicial officers, primarily concentrated on the I-5 corridor who are routinely making pre-trial release decisions that, by any objective measure, by any reasonable predictability are reckless and dangerous. These judges are, in fact, abusing their discretion, and they are doing so in a manner that endangers innocent Washingtonians and the brave peace officers who work tirelessly to keep us safe," said Rep. Davis.

Oftentimes, judges release defendants on personal recognizance or on low bail with Electronic Home Monitoring.  

Rep. Davis says that provides a false sense of security. Strap cuts are common and there is no real-time monitoring by law enforcement.  

Responses to violations, such as curfew breaches or device tampering, can take up to a day, leading to significant risks for the community. "We should not be sacrificing the safety of the entire community at the altar of liberty for one criminal defendant," she added.

Big picture view:

Currently in Washington state, there is a presumption of release for defendants. After a preliminary court appearance, anyone charged with a noncapital offense should be released on personal recognizance pending trial.

This presumption can be overcome though, if the court finds that the defendant is likely to fail to appear, commit a violent crime, or intimidate witnesses or interfere with justice.  Before imposing bail, judges must consider less restrictive options.

Local perspective:

However, recent decisions by judges to release suspects pending trial for violent crimes has left family members of victims feeling frustrated.

"We've seen some judges claim to be part of quote, the resistance in a system quote,  complicit and perpetuating oppression and seeking to speak quote, my truth as a judge.  This kind of behavior only heightens the reason to simply require a judge to give a reason, at least allowing us to know why dangerous individuals are being released back into our communities," said James McMann of the Washington Association of Sheriffs and Police Chiefs who supports the bill.

The bill also received support from several local  law  enforcement leaders including Thurston County Sheriff Derek Sanders and Sumner Police Deputy Chief Andy McCurdy.

"I understand that incarceration can often worsen situations but for individuals committing violent crimes who lack a support system, temporary detention is often the only way to prevent further harm until intervention and prevention resources can be effective implemented," said Chief McCurdy.

He recounted a violent incident last year as an example.  "We had two armed suspects who violently carjacked a woman at the Sumner Winco. They shot at bystanders. They shot one bystander in the head and severely injured the man who lost his eye and almost lost his eye as a result . After a lengthy manhunt with extensive resources, we finally got them in custody and then the judge quickly released one to the community.  This sent the wrong message," said Chief McCurdy.

Renton Police Chief Jon Schuldt also added his support after several violent suspects were released and have remained on the run, "Far too often, the judges are showing more empathy towards the suspects and minimizing the suspect’s behavior at the expense of public safety."

The other side:

Opposition to the bill came from civil rights advocates, including Jasmine Clark from the ACLU.

She argued that the bill undermines the presumption of innocence and disproportionately affects marginalized communities. "This could lead to more juveniles held in detention, which studies have shown to have long-term negative effects on their development and rehabilitation," Clark cautioned. "This bill undermines the principle that individuals are innocent until proven guilty and disproportionately impacts marginalized communities  who are more likely to encounter aggressive policing tactics." she added.

Romana Brandise, representing the Washington Defender Association and the Washington Association of Criminal Defense Lawyers, contended that the bill violates the separation of powers between the judiciary and the legislature. "This bill changes the presumption of release, conflicting with court rules established by the Supreme Court," she stated.

What's next:

A committee vote on whether to move HB 1252 forward is expected this week.

To comment on this proposed bill under consideration, please call or email your legislator directly. Details about commenting on legislation can be found here.

You can also download House Bill 1252. 

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