Washington state’s police reform is taking effect without alternatives in place

The state police reform laws that took effect a week ago are creating new threats to public safety.

In a message to the community signed by the sheriff and police chiefs from across Thurston County, there’s a startling list of what police will no longer do:

“In most instances, police will no longer respond to ‘community care’ situations where identifiable crimes have not been committed,” the statement reads. “Examples of ‘community care’ situations include suicidal threats, drug overdoses, medical emergencies, welfare checks, public nuisances, and people suffering from mental illness or crisis. Instead, mental health professionals, fire and emergency medical service (EMS) personnel, and other specialized providers may be asked to respond to those requests.

“The Olympia Police Department will rely more heavily on its Crisis Response Unit to help fill this gap; however, this type of crisis response is not currently available countywide. It is important to note that additional service gaps may occur since legislation was implemented before alternative services were established.

“If community members call 911 to report ‘community care’ emergencies, officers and deputies have been encouraged to make telephone contact, gather more information, and determine the proper response.”

We wish that “encouraged” could at least be changed to “required.”

To complicate matters, the legislature also passed a new law that makes possession of drugs such as meth and heroin a simple misdemeanor. It requires that a person’s first two instances of possession to be diverted from the criminal justice system altogether and the person referred for voluntary addiction-related services.

This new law also aims to remove even misdemeanor charges for drug possession when a fully functional addiction services system is created. That’s something a special state task force is working to design.

The immediate challenge is standing up countywide alternative services to respond to all these problems. That falls in large part to the Thurston Mason Behavioral Health Administrative Service Organization, and more specifically to Joe Avalos, administrator of Olympic Health and Recovery Services. He expects about $900,000 in state funding this year to help, but says it won’t be enough to meet the need.

Currently, his agency employs Designated Crisis Responders (DCRs) who have mental health and addiction expertise. They are the only ones now with the authority to involuntarily detain people if they are a danger to themselves or others or gravely disabled. However, without police backup, if someone refuses to be detained, DCRs are stuck. There is no alternative to police secure transport to hospitals or treatment facilities.

Avalos says that just the presence of police is enough to get someone to comply 9 out of 10 times. Still, the police and sheriffs say, because of the reform laws, they will only respond if a crime is being committed or is imminent. That’s a pretty direct contradiction of their mission “to protect and serve.”

“We are in limbo,” Avalos says.

He is working on a plan to create “Recovery Navigator” programs staffed by specially trained peers — people who have experienced mental illness, addiction, or both. There is a growing body of research that they can be effective case managers who connect people with services, get them to appointments, and help them with job services and other needs.

So far, Avalos has hired three peer navigators and one outreach and intake coordinator, but not all of them are on board yet. Their services will be part of the Law Enforcement Assisted Diversion (LEAD) program, which he also oversees. It may be several months before a larger team is assembled.

Even then, Avalos thinks there will be a need for a third entity that is neither the police nor a social services system to provide security for involuntary detentions. He is skeptical but open to the idea that modifications in the police reform laws that reduce police perception of liability might persuade them to resume providing backup for DCRs. But that can’t even be considered until next year’s legislative session.

Aside from these new problems, there are old ones that are still vexing.

There is a persistent and extreme workforce shortage in mental health. A month-long wait is the norm to see a psychiatrist or specialist who can prescribe anti-psychotics and other mental health drugs. Patients with both medical and mental health problems often get stuck in medical wards while they wait for an opening in a psych ward.

The wait for inpatient addiction treatment is shorter than it used to be, but is still about two weeks. A lot can go wrong in two weeks.

All this presents overwhelming challenges and increased peril in the next year or more. But, Avalos says, “What we were doing before wasn’t working very well either.”

So we can only hope for light at the end of the tunnel we have just entered, but it’s a long, dangerous tunnel.