Steve Jackson is the Change We Need.

How does this vision translate?

The criminal justice system is broken in so many respects. There are limited resources. The confluence of both mental illness and substance abuse with criminality has become pervasive. Most governmental agencies struggle with staffing. The participants, whether they be defendants, victims, lawyers, police and probation officers, the Department of Corrections, the list goes on, are all challenged by the limitations of the criminal justice system. How can the Court deal with these limitations?

Crimes against people, whether they be domestic violence, child or adult sex crimes or other assaultive behavior is viewed through a different lens than property crimes. The analysis on what should happen takes on a marked difference from that of a property crime. This is not to minimize the rampant crimes against our citizens’ property. There are so many residential burglaries in our county.  When I do jury selection in a trial, I have a great opportunity to speak to prospective jurors. I am always amazed at how many people are victims of those and other related crimes.  It feels so invasive to have that happen. The defendant in those situations violates the personal security of the victim, including the loss of property, trust, patience, and safety. So what are the options for those defendants? What determines what kind of sentence a defendant gets?

Sentencing in the State of Washington is based off of the federal system.

In a nutshell, each felony offense is classified as to a seriousness level, from 1-16, 16 being the most serious. That quotient is then factored into the criminal history of the Defendant, rendering an offender score, meaning how many felonies have they committed previously. The whole system is basically a two-factor analysis with some deviations under certain fact patterns. This matrix then determines a standard range of sentencing as determined by the Sentencing Reform Act (SRA).

Felony crimes are also divided as to class. Class A felonies are subject to life imprisonment, while Class B and C are 10 and 5 years respectively.  Most property crimes are Class C felonies. That means that if one has committed 9 prior felonies within the relevant time period, then one could be sentenced to the statutory maximum of 5 years. If one possess stolen property, or vehicle prowl, or any number of lower-level felony property crimes, one could get 5 years. 

But, here is the point: 5 years for property crimes, is not 5 years. 

Everyone, except those who have been convicted of a serious violent offense (Rape 1 and 2, First Degree Burglary, Kidnapping 1, Assault 1, etc.), gets 1/3 off of their sentence…everyone. They call it time off for good behavior, but everyone gets it because it is really expensive to incarcerate people. The truth is that many of those crimes are then given more time off, half-time or even less.

Services in prison are limited, so inmates come out with little rehabilitative programming. They are in many respects, the same individual as when they went in. These Grays Harbor citizens then return to where they are from, all teed up for resuming what they know, committing crime. Maybe some figure it out in prison, but most do not. Their root issues are unaddressed. Maybe warehousing people for a couple years is satisfactory to some. But if they reoffend, is it really?

This is where the concept of therapeutic courts and alternative sentencing come into play.

Therapeutic Court in Grays Harbor County is divided into a Mental Health Court and a Drug Court. 

A willing and eligible participant is assessed and, if they qualify, they enter the appropriate court for them. The program is generally 20 months and is stringent. It is hands on, with a lot of supervision, guidance and resources. It is the best tool that we have to combat recidivism. If the participant is not successful, they are terminated from the program. They then have a court trial on the reports alone and are sentenced.

The participants also have agreed to all the charges that were alleged against them to be part of that revocation. There is no plea-bargaining when applying for Therapeutic Court. They enter that court with all the charges hanging over their head, creating an external motivation for the participant, who now has a lot more to lose rather than any sentence received as a result of a plea bargain. 

Their success, or lack thereof, will also be a factor of their internal motivation.

• How badly do they want their lives to change? 

• How many friends and family members have disconnected from them due to their unaddressed issues?

• Have they lost their children to the system, or are they at risk of that?

The combination of internal and external motivation, coupled with the best resources that our criminal justice system has, provides a great opportunity to thwart the recidivist offender; your son, daughter, brother, sister, or neighbor.

As Judge, I will impartially assess these applicants and, depending on the particular facts of the case, along with the history of the defendant, and the input from the court participants, render a just decision. It is another tool in the toolbox.

Therapeutic Courts are pre-plea agreements, meaning that the defendant does not plead guilty before entering the program. Conversely, sentencing alternatives are post-plea and are entered into as a sentence condition after the defendant has plead guilty, Superior Courts do not have a “probation department” like in District and Municipal Courts. In Superior Court, when the defendants are sentenced on a felony, they may be placed on a period of community custody. This is basically “probation” but the offenders are supervised by the Department of Corrections. The offender has a “community corrections officer” as opposed to a “probation officer.” For those defendants who receive community custody, there are some sentencing alternatives that suspend their confinement, and allow them to participate in rehabilitative programs. The types of sentencing alternatives are delineated by the statutes defining them. Some address drug and alcohol issues, referred to as a DOSA, Drug Offender Sentencing Alternative. Other versions of this concept address mental health issues, parenting shortcomings, and sexual deviant behavior. These programs offer an alternative to confinement, and allow the defendant to access services that otherwise would not be available to them. If they are non-compliant then their jail or prison sentence is imposed. This is another tool in the toolbox.

For the last 15 years I have wanted to be a judge.

No matter the type of crime, whether it be against people or property, I will review the facts and history. I will listen to all the input from the participants. I will apply the law impartially and with integrity.

The time is ripe for that in Grays Harbor. I am more than ready for it. Seven years as a defense attorney, seventeen years as a prosecutor, surviving difficult family situations, traveling the world, learning what love truly is, and attuning to the earth around me through a love of permaculture have all cued me up to serve in this new way.