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I hope I didn't say anything that would make my daughter embarrassed.

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No, I'm sure they know what it's like to have us as parents.

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You're right. They do. Yeah.

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Welcome to County Connection,

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the official podcast of the Washington State Association of Counties,

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where we dive into the legislative issues shaping the future of our communities

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from budgets to public safety, infrastructure, to elections.

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We'll break down what's happening in Olympia and how it impacts counties from

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across the Evergreen State. Stay informed,

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stay engaged and join us as we amplify the voice of Washington's 39 counties.

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All right. Welcome back everybody to episode two of the County Connection.

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I'm Paul Jewell,

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the government relations director for the Washington State Association of

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Counties. Glad that you're with us. Hopefully this,

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isn't your first time with us, but if it is, welcome to the podcast.

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Here today I've got with me Brad Banks.

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Brad's a policy consultant with the Washington State Association of Counties.

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He's working really closely with us during this legislative session and really

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for the last several months,

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he's taken over a lot of the portfolio from former employee Juliana Rowe.

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Good to have you with us, Brad. This is your second time on the podcast.

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Welcome back. Yeah. Thanks so much, Paul. Really appreciate it. Yeah.

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Big shoes to fill with Juliana, but, but happy to do it and happy to be kind of,

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out there keeping the, keep my eye on all the public safety, human services,

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behavioral health issues on behalf of the association.

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Well, that is a huge task. It's a pretty good book of business.

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You mentioned behavioral health, human services, public safety. I mean,

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that includes all kinds of different things that counties have their hands in

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and responsibilities for. What's going on in that world right now? Yeah.

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I mean, it's great. I mean, and I would, I would argue not only is it,

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is it pretty heavy on the policy side, but there's a lot of fiscal implications,

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right? To county budgets and,

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and just sort of the broader community systems that counties have to be engaged

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in. So it's huge. Yeah. So there's a lot going on in that space.

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And they all seem to intersect as well. I mean, that's the other thing, right?

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I mean, there's so much of a movement these days to,

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to put more and more emphasis on the intersect between behavioral health and

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public safety and our criminal justice system, right? And, and how we,

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how we try to get people more upstream before they,

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before potentially they have that,

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that unfortunate interaction with our law and justice system, right?

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Because it's far cheaper, right? And ultimately better for the individual,

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which really should be the goal. Absolutely. Well,

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getting into that a little bit,

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you wanted to talk specifically about a particular bill that has been introduced

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in the first part of the session. And I think that was House Bill 1218.

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Is that right? That's right. That's right.

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So House Bill 1218 is a bit of a trailer bill from a couple of sessions ago,

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really focused, it's part of the Trueblood lawsuit that that's,

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the state has been sort of engaged in for a number of years and has been trying

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to get in compliance with.

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This really has to do with when this started several years ago,

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a backlog of individuals waiting for competency evaluations and restorations up

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at Western state and in state hospitals. And that,

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and that backlog really in some cases was pretty dramatic, right?

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You had some folks waiting for an evaluation from the state, you know,

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from DSHS or wherever, sometimes longer than if they had just been,

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if their case had gone to trial, they'd been adjudicated,

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if they'd have been found guilty and had served their sentence, right?

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So it was really an unfortunate situation that the state found itself in.

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Well, there was a big lawsuit about it, right?

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It was, right. So this huge lawsuit came in place to sort of try to deal with

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that, to motivate through fines,

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some hefty fines to the state to sort of get them back in compliance.

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And it's taken a number of years and really some significant investment at the

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state level to really expand out the hospital bed capacity at the state level.

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And for the first time, actually this year,

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the state is in compliance as we stand now in terms of clearing out that backlog

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and reducing the wait times for folks awaiting those competency evaluations and

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restoration. So,

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so let me get my, my arms wrapped around this a little bit.

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So the problem was we had too many people basically in the system that needed to

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be evaluated. That's right. These competency evaluations.

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And what's a competency evaluation? Well, it's,

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so when a person is arrested and brought in and then potentially charged for a

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crime, and that could be anything from a misdemeanor up to a high level felony,

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there's a process that can be initiated either through, by the prosecution,

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although more likely it'll be probably initiated through the defense,

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through the public defense or perhaps at the judicial level with the judge or

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the court level rather with the judge really saying, um,

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we're not clear if this individual, um,

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is is is cognitively able to stand trial. Um, okay. Right.

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And so are they,

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are they competent and able to understand everything that's going on?

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Maybe the defense is seeing some,

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some indications that there's something to be worried about.

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And so they'll petition the court to say, Hey, before, before we proceed,

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it's our recommendation that my client receive a competency evaluation. Okay.

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So this doesn't happen with every,

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every person that's arrested for a crime that might be charged.

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But in the, in cases where maybe someone is showing some cognitive impairment or

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maybe defense, the defense wants to make a, uh,

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use that as a potential defense for whatever charges being levied that they

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then go through this competency evaluation.

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You're saying that we basically had too many people kind of in that system

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waiting for those evaluations and not enough ability. Is it a matter of,

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you said that the state has added beds.

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Was it a matter of having room in, uh,

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in mental health facilities, uh,

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in state facilities in order to accommodate those people and actually get them

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from the jail to those facilities or, or what was kind of a hang up there?

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I think it was actually kind of a mix of things.

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I think if you had gone back 10 or 15 years, you would say, you know, we,

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we didn't see as many of these types of cases or, or orders, right,

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coming from the justice system.

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I think that was really because there was sort of, you know, for, for someone to,

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sort of be deemed, you know, incompetent to stand trial or, or, um,

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having competency issues was much rarer, right?

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Was it just because there was less of it or was it less?

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I think it was less awareness, less understanding, um,

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less effort was being put in. I mean, whether, and I think, you know,

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I was talking to the prosecutors association, um, this week about this. I mean,

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I think there's just been a trend over the last decade or two in not only kind of

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identifying and understanding why people might be intersecting with the,

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with the criminal justice system and what may be the root cause of that.

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It may not necessarily always be out of malicious intent, right?

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It could be because they are experiencing a behavioral health crisis of some

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variety. And so I think as we just, as a,

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as a society have become more aware of that, I think the, the,

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the role of our criminal justice system has shifted and the levers that are now

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being pulled, uh,

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we've seen that become a more common approach to dealing with these types of

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individuals. And I do think it's both, right? I mean, I think if you're, if you're a,

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if you're a public defender and you see that type of behavior with your client,

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right? You certainly want to do that.

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But there's also a strategy component there, you know, potentially as well.

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And I actually don't mean that in a negative way. I mean,

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if you're trying to aggressively defend your client, which is their job,

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these are mechanisms to do that.

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John Adams used to say providing for a vigorous public defense for those who

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can't afford it. It's one of the cornerstones,

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one of the foundational cornerstones of our, of our institutions, uh,

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in the United States.

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It's exactly right. And I think,

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I think maybe where it started to get a little out of control was there became a

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perception that if you put somebody on a competency evaluation or, or,

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or ordered them for competency evaluation, that you were somehow, uh,

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that somehow that equated to treatment, right?

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And that you were moving them upstream into a treatment,

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almost like a pseudo diversion, right? In some sort of way,

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or like a pseudo jail diversion type of program when really that's not what it is

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at all, right? They sort of go and they sit in a,

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in a hospital and wait for, uh, you know,

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a representative from the SHS to come and evaluate their situation and report

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back to the court.

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And so I think that that period of time is what caused the backlog, right?

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And then there was more understanding sort of,

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but they weren't actually going to hospitals in many cases, right?

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So many of them were sitting in prisons waiting because there wasn't room.

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Right. And you said that in some cases they were actually sitting in those

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prisons and those jails. Yes. I assume in county jails and many cases.

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Yeah, both. Yeah. Yeah.

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Longer than they would have even had to serve a sentence.

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Had they just served a maximum sentence? Yeah. Yeah.

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So you can see how a lawsuit could develop from that sort of a situation.

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Yeah. It was pretty bad and obviously horrible for these individuals. And so,

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and extremely costly from the state perspective.

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And so unjust. It seems like.

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Exactly. Right. And so again,

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I think what we're seeing is there's been an evolution in the way we think in

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the way that our criminal justice system behaves,

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how we've brought in the thinking of behavioral health and to try to,

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to try to modernize our system,

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to have a more 21st century type of criminal justice system.

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But we're not there yet. Right. And there's still room to grow. Okay.

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So this bill has something to do with that situation. It does. So,

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as I mentioned just a moment ago,

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so for the first time since the lawsuit was initially filed.

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And did you mention the name of the lawsuit? What was it called? You know,

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I don't remember the name off the top of my head. It, it's basic. It was,

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something with Trueblood. And, and let's just call it Trueblood. Yeah.

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And there's Trueblood class members, for example. And those were those,

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individuals who were part of that initial lawsuit who were, had been waiting.

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Okay. For extended periods. So just for our, our listeners,

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if they were to Google like Trueblood lawsuit, would it, would it,

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would Washington state Trueblood lawsuit, it would pop right up. Okay. Yep. Okay.

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So as we look at, um,

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where the state sort of currently is, as I mentioned, we've,

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we've cleared out that backlog. It's been great work to get that done,

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particularly at the state level, but with community partners and counties,

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and in particular, prosecuting attorneys, defenders, cities, you know,

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city attorneys, et cetera, the courts,

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the problem is a big part of how that got taken care of was not only, you know,

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effort in terms of, of addressing the needs of these, these individuals,

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but also opening up additional beds.

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So we were able to move people out of prisons who write or jails who are waiting

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in those spaces and get them into state, into state hospital beds.

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The problem is, or at least the perceived problem is that at the rate,

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the historical rate in which these competency evaluation orders are,

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are ordered, um, or restoration orders are coming through weeks,

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the state is expecting that we'll have maxed out on our new capacity sometime by

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20, 29, 20, uh, 20, 29, 20, 30. Okay. Um,

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and so we'll be sort of back into our backlog.

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So they solve the problem with these additional facilities. That's right.

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They're getting people through this. I would say they, they treated the problem.

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Okay. I'm not sure they solved it. Uh, and, and,

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and really it's just a temporary solution. It is. Right.

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So they're predicting that at the rate of, um, uh, referrals,

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I guess,

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orders for these competency evaluations, um, and probably with, you know,

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projections related to a growing population, et cetera, that within,

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would you say five or six years? Yeah, we'll be right kind of right back up,

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right back, right back to where we were. And I think,

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I think important to note that, you know, um,

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part of that really is being driven by, um, misdemeanors,

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right? There's a,

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there's a huge drive in this space that these are resulting from misdemeanor

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charges.

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And so there's a lot of emphasis being sort of paid attention to at the moment

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around how can we start reducing these misdemeanor type orders or orders that

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are related to somebody brought in on a misdemeanor charge?

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Right now. Why is that significant?

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Well, I think it's significant because that's the most common charge, right?

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That a person will be brought in on is some sort of misdemeanor, right?

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And that happens at the, at the city level. It happens at the county level.

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It's, it's just much more frequent and you're much more likely to have somebody

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picked up, you know, whatever it is, disturbing the peace or whatever it might be.

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Right. Trespassing, you know, uh, some, you know, having a, I mean,

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and if someone's experiencing a behavioral health crisis, right,

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that could manifest in a lot of ways that could manifest in a,

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a way that's dangerous to them individually.

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It could be manifest in their behavior being dangerous to others. Right.

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And so however that might look, a lot of these folks that are brought in,

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um, under these misdemeanor charges.

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And then, you know, that's driving a lot of these, uh, referrals up in S and a

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big part of the problem, I think, is instead of trying to divert those people

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at the time of arrest, right. And get them into some sort of community system,

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because those services really don't exist at the level that they ought to,

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um, they're ending up in this full process and, and moving up the system.

230
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What kind of a community system, uh,

231
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would you use to divert these types of misdemeanors away from say these

232
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competency evaluations and, and more criminal proceedings? Yeah. I mean,

233
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you know what, you say they don't exist.

234
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Well, it's not that they don't exist.

235
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I just, they just don't exist at the levels that would be necessary to really

236
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see an impact in terms of holding the, to sort of,

237
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if you think of it as, as a faucet, right,

238
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sort of turning the faucet down a bit.

239
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So the flow of competency evaluations that really do need and require a state

240
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response versus those that could just be, um, sort of,

241
00:13:14,680 --> 00:13:15,640
for lack of a better term,

242
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diverted off into community resources and outpatient services.

243
00:13:19,280 --> 00:13:21,480
Okay. So when I think of diversions, uh,

244
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from just regular corporate proceedings, right.

245
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Systems that are in place right now, I think of things like family court,

246
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drug court.

247
00:13:26,840 --> 00:13:28,400
Exactly. Those are the traditional models.

248
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Right. So there's, there,

249
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there's another model that, that,

250
00:13:32,360 --> 00:13:35,640
that is currently operational in some places you're saying not.

251
00:13:35,640 --> 00:13:38,800
Sure. Because not all of these, not all of these, um,

252
00:13:38,800 --> 00:13:41,560
behavioral health needs are substance abuse based, for example. Right.

253
00:13:41,560 --> 00:13:43,600
So they're not all drugs. So we're talking mental health.

254
00:13:43,600 --> 00:13:46,120
We're talking, uh, developmental disabilities, right?

255
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There could be a number of reasons as to why an individual could be classified in

256
00:13:50,080 --> 00:13:55,080
that space. And so the desire then to have a robust set of types of services,

257
00:13:56,000 --> 00:13:58,920
where, of diversion services that folks could be placed in,

258
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that folks could be placed into. And that would be,

259
00:14:01,440 --> 00:14:04,160
and I do want to emphasize it has to be that outpatient level, right?

260
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There's a lot of inpatient services available at the state hospitals and

261
00:14:07,080 --> 00:14:09,520
things like that. Okay. Again, that doesn't really solve the problem, right?

262
00:14:09,520 --> 00:14:11,880
Because they have to be accessed through somebody in a state bed,

263
00:14:12,040 --> 00:14:13,880
which is way, way, way more expensive.

264
00:14:13,920 --> 00:14:17,640
So what you're talking about is somebody who potentially committed a crime,

265
00:14:18,240 --> 00:14:21,000
uh, in the midst of some sort of cognitive,

266
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some sort of behavioral issue, right? Some sort of behavioral health issue,

267
00:14:25,400 --> 00:14:28,280
they may not have even really realized what they were doing.

268
00:14:28,280 --> 00:14:31,080
That's right. The, the, the, the term that comes to mind, you know,

269
00:14:31,080 --> 00:14:34,280
not to be non-politically correct, they were out of their mind. Right. Right.

270
00:14:34,280 --> 00:14:37,360
I mean, the criminally insane is still the term, right? They had,

271
00:14:37,360 --> 00:14:40,160
they didn't realize what was happening. They weren't thinking clearly.

272
00:14:40,160 --> 00:14:44,280
They were having some sort of mental emergency, some sort of mental break.

273
00:14:44,320 --> 00:14:45,080
That's right. Um,

274
00:14:45,160 --> 00:14:48,680
and instead of treating that person like a criminal and sending them through the

275
00:14:48,680 --> 00:14:52,680
system, realizing they had this cognitive issue and then trying to get them, uh,

276
00:14:52,720 --> 00:14:57,600
this, um, evaluation that you were talking about, you're saying, let's find, let's,

277
00:14:57,600 --> 00:15:01,200
let's build up our programs or we should be building up programs to divert those

278
00:15:01,440 --> 00:15:04,560
to other community resources that really are equipped to handle them anyway.

279
00:15:04,600 --> 00:15:06,640
That's exactly right. And I really want to emphasize though,

280
00:15:06,640 --> 00:15:10,400
the, that this is really important in this misdemeanor space, right?

281
00:15:10,680 --> 00:15:15,000
Where we have significant major crimes happening, right? Felony level type crimes.

282
00:15:15,320 --> 00:15:18,440
This is a different conversation. Someone's actually injured. Right. Exactly.

283
00:15:18,440 --> 00:15:21,240
And that becomes a different dynamic. But for a lot of these,

284
00:15:21,240 --> 00:15:24,800
like we were talking about just disturbing the peace or indecent exposure or

285
00:15:24,960 --> 00:15:26,280
something along those lines, right?

286
00:15:26,280 --> 00:15:29,200
Those are the type of, I think issues that, or,

287
00:15:29,200 --> 00:15:32,640
or types of charges that we really want to, that could, I think,

288
00:15:32,640 --> 00:15:35,560
benefit if that individual could be diverted off. Yeah.

289
00:15:35,560 --> 00:15:37,800
We're not talking major property crimes. Exactly.

290
00:15:38,040 --> 00:15:40,840
We're not talking violent crimes. No.

291
00:15:40,880 --> 00:15:44,320
And that's where county prosecutors often find themselves in this space, right?

292
00:15:44,320 --> 00:15:48,320
It's more for those types of crimes. I mean, they usually aren't bringing, I mean,

293
00:15:48,320 --> 00:15:52,920
your local county prosecutors usually not bringing a low level misdemeanor up.

294
00:15:53,120 --> 00:15:53,480
You know,

295
00:15:53,480 --> 00:15:57,680
it's usually because it's a major crime that is that there's been damage to,

296
00:15:57,720 --> 00:16:01,000
you know, the people, individuals, society, whatever it is.

297
00:16:01,000 --> 00:16:02,840
And they're bringing that on behalf of the state. Right.

298
00:16:02,840 --> 00:16:06,040
And so that's a little different level of, of, of,

299
00:16:06,480 --> 00:16:09,560
sort of criminal activity that we're talking about versus what I think we're

300
00:16:09,560 --> 00:16:13,680
trying to get to here, which is that low level misdemeanor type activity that

301
00:16:13,680 --> 00:16:17,160
really the damages are pretty minimal, right?

302
00:16:17,160 --> 00:16:20,040
Except we've got an individual that broke the law and we have to figure out how

303
00:16:20,040 --> 00:16:23,560
to help them because they broke the law most likely because of some sort of

304
00:16:23,840 --> 00:16:27,680
behavioral health condition. Okay. So I think we've,

305
00:16:28,080 --> 00:16:30,960
it sounds like we've really identified what's happening on the ground.

306
00:16:30,960 --> 00:16:31,240
Sure.

307
00:16:31,240 --> 00:16:35,000
Problem is and what the state's trying to address with this bill.

308
00:16:35,000 --> 00:16:38,600
I think it was house bill 1218. Yeah. So what does the bill actually do?

309
00:16:38,680 --> 00:16:40,680
Yeah. The bill does a few things. I mean, like I mentioned,

310
00:16:40,680 --> 00:16:44,600
it's a trailer bill to previous pieces of legislation in this space as the

311
00:16:44,600 --> 00:16:49,320
states continue to try to, to solve this issue. I think where this bill,

312
00:16:49,320 --> 00:16:51,560
really quickly when you say trailer bill, what do you mean by that?

313
00:16:51,840 --> 00:16:53,680
Sorry. So a good call out there. I mean,

314
00:16:53,680 --> 00:16:57,320
so there have been previous bills that have been introduced by the legislature

315
00:16:57,560 --> 00:17:00,000
to deal with this true blood issue specifically.

316
00:17:01,200 --> 00:17:04,960
This bill is what we would call a trailer in the sense that it comes after it

317
00:17:04,960 --> 00:17:07,440
follows efforts that have already been made.

318
00:17:07,440 --> 00:17:11,120
So it tries to build on efforts that have already been made in previous pieces

319
00:17:11,120 --> 00:17:13,160
of legislation. So at the risk of sounding too clever,

320
00:17:13,160 --> 00:17:14,920
we could call this a true blood trailer.

321
00:17:14,960 --> 00:17:16,520
We could call it a true blood trailer.

322
00:17:16,520 --> 00:17:19,920
That was a very nerdy political.

323
00:17:19,920 --> 00:17:24,240
No, it's right there. Yeah. There's something a little Hollywood about that.

324
00:17:24,240 --> 00:17:26,120
I don't know if we could go down that road.

325
00:17:26,440 --> 00:17:30,120
Other policy staff all across Olympia will appreciate that. Yes, they will.

326
00:17:30,120 --> 00:17:34,520
They will go ahead. So yeah. So I think as they are looking to, again,

327
00:17:34,520 --> 00:17:37,800
I think this bill really is designed right now as we've really, like I said,

328
00:17:37,800 --> 00:17:40,680
identified where the bulk of these referrals are coming from,

329
00:17:41,080 --> 00:17:44,040
trying to get to the core of that and figure out why we're seeing this

330
00:17:44,040 --> 00:17:46,920
continued rise. I mean, if you listen to the prime sponsor of this bill,

331
00:17:46,920 --> 00:17:51,000
Representative Farvar, she's, you know, been very, very

332
00:17:52,200 --> 00:17:57,160
blatant in her comments around seeing a 250% increase sort of statewide

333
00:17:57,160 --> 00:18:00,240
in terms of these referral levels. Right. Wow. And that's really,

334
00:18:00,240 --> 00:18:03,240
that's really, that's a shocking number, right? I mean, that's a lot.

335
00:18:03,560 --> 00:18:06,320
And so is that a real number? It is a real number. And I think,

336
00:18:06,320 --> 00:18:09,400
I think the trick though is figuring out where,

337
00:18:09,440 --> 00:18:12,920
what the breakdown of that number is, where are these referrals coming to,

338
00:18:12,920 --> 00:18:15,760
where are they coming from rather? I think that's really the key.

339
00:18:15,760 --> 00:18:18,160
Are they coming from, are they city referrals, right?

340
00:18:18,160 --> 00:18:20,760
Are these originating at cities? Are they originating at counties?

341
00:18:20,960 --> 00:18:24,000
Are these referrals being requested by public defenders, by prosecutor,

342
00:18:24,040 --> 00:18:27,960
by county prosecutors? I think we do, we do.

343
00:18:27,960 --> 00:18:29,320
And I think we're in the process right now,

344
00:18:29,320 --> 00:18:31,680
as we've been working through this bill of trying to work with Eastern and

345
00:18:31,680 --> 00:18:34,960
Western state hospitals to get a sense better of what those numbers look like.

346
00:18:35,240 --> 00:18:39,240
So we can have a sense of actually, where is this, to use that Fawcett analogy,

347
00:18:39,240 --> 00:18:41,840
right? Where is the flow really high currently? Right.

348
00:18:41,840 --> 00:18:44,440
And whereas it may be a little less. Okay. So we are,

349
00:18:44,440 --> 00:18:46,760
that's where the process of getting those numbers a little,

350
00:18:46,760 --> 00:18:47,840
in a little more detail.

351
00:18:47,840 --> 00:18:52,640
But I think that will give us a real good sense of actually what parts of the

352
00:18:52,640 --> 00:18:57,160
system need to be interacted with and perhaps adjusted to help

353
00:18:57,800 --> 00:19:00,800
figure out how to turn the dial down a bit. If that makes sense.

354
00:19:00,800 --> 00:19:04,200
Sure. Yeah. Okay. So if, so, so we've got this.

355
00:19:04,240 --> 00:19:06,520
So, right. So we've got this bill, right.

356
00:19:06,520 --> 00:19:11,160
That's trying to call attention to the fact that we've got this huge sort of

357
00:19:11,160 --> 00:19:15,680
pattern that still exists, right. In terms of referrals and competency orders,

358
00:19:16,320 --> 00:19:18,240
the bill is looking at a way to sort of,

359
00:19:18,920 --> 00:19:23,560
using sort of a classic carrot and stick model to

360
00:19:24,000 --> 00:19:28,600
get the parties that would be involved in, in, in, in ordering those,

361
00:19:28,640 --> 00:19:33,000
those evaluations to sort of tone it down for lack of a better term, right?

362
00:19:33,000 --> 00:19:36,320
To really try to, you know, pump the brakes a little bit. And particularly,

363
00:19:36,320 --> 00:19:37,120
like, again, like I say,

364
00:19:37,120 --> 00:19:39,960
in that misdemeanor space where I think the bulk of this is being driven,

365
00:19:39,960 --> 00:19:42,680
right. So to get to that,

366
00:19:43,000 --> 00:19:47,040
one of the things this bill does is really try to penalize counties

367
00:19:47,760 --> 00:19:49,600
as, as counties are sort of seen, right,

368
00:19:49,600 --> 00:19:54,040
as the regional or the local justice systems in their areas, right,

369
00:19:55,080 --> 00:19:59,040
is to penalize counties who aren't able to dial this,

370
00:19:59,200 --> 00:20:00,960
dial this back down, right?

371
00:20:01,000 --> 00:20:05,400
I think the challenge that we've had with the association in interacting with

372
00:20:05,400 --> 00:20:09,840
the sponsors on this is there's a lot of actors in this space and the counties

373
00:20:09,840 --> 00:20:13,200
have control. And when you say county, that's sort of a loaded term.

374
00:20:13,200 --> 00:20:15,920
What do you mean by that? Right? Do you mean that in a geographic sense?

375
00:20:15,920 --> 00:20:19,200
Do you mean that in a, in a proper sense that it's the county commissioners,

376
00:20:19,200 --> 00:20:21,920
council, executive, you know, what do you mean when you say county?

377
00:20:22,160 --> 00:20:24,960
So we have had those conversations, but I think ultimately,

378
00:20:25,480 --> 00:20:29,280
what we would say is, you know, you've at the association, listen,

379
00:20:29,280 --> 00:20:32,120
we've got city attorneys, we've got prosecutors, we've got public defenders,

380
00:20:32,120 --> 00:20:35,280
we've got courts, all of them are playing a role in this.

381
00:20:35,320 --> 00:20:38,400
All of them have the ability to order, recommend,

382
00:20:38,400 --> 00:20:41,400
ask for a competency evaluation. Right?

383
00:20:41,600 --> 00:20:44,400
And so until we get a better sense of what that looks like,

384
00:20:44,680 --> 00:20:48,920
it feels a little premature to me that we would start penalizing counties

385
00:20:49,040 --> 00:20:50,080
monetarily,

386
00:20:50,960 --> 00:20:54,400
if they're not able to meet standards that the state is trying to set up.

387
00:20:54,400 --> 00:20:57,720
And I think we have some questions about sort of where,

388
00:20:57,760 --> 00:21:00,320
where these standards even are coming from in terms of numbers.

389
00:21:00,360 --> 00:21:02,800
Okay. So let me try to wrap my head around this.

390
00:21:02,920 --> 00:21:07,840
The state's looking at a system that was in crisis that they seem to figure

391
00:21:07,840 --> 00:21:11,040
out a way to stabilize, but based on projections, I mean,

392
00:21:11,040 --> 00:21:15,720
you said a 250% increase, it looks like it might be in crisis again,

393
00:21:15,760 --> 00:21:17,200
within a few short years. That's right.

394
00:21:17,400 --> 00:21:19,520
So they've got a bill here to try to deal with that.

395
00:21:19,520 --> 00:21:22,320
And they're using what you call the classic carrot and stick model,

396
00:21:22,320 --> 00:21:25,480
essentially the carrot being the reward. If you do good things,

397
00:21:25,480 --> 00:21:27,840
you get the carrot. If you do bad things, you get the stick.

398
00:21:27,880 --> 00:21:30,440
Right. And I don't think it's financial punishment. Yeah. Yeah.

399
00:21:30,440 --> 00:21:33,480
And in this case, the stick is, is penalties. That's right.

400
00:21:33,480 --> 00:21:38,240
And the penalties are designed to try to get counties essentially,

401
00:21:38,760 --> 00:21:43,040
to tamp down the number of referrals in this kind of misdemeanor or

402
00:21:43,040 --> 00:21:47,000
misdemeanant arena. That's right. I can understand, you know,

403
00:21:47,000 --> 00:21:49,760
from a, from a purely dollars and cents kind of point of view,

404
00:21:49,760 --> 00:21:54,360
I can understand why say penalties would be an attractive tool here to use,

405
00:21:54,440 --> 00:21:58,640
but it seems to me that, that it's a more complex problem,

406
00:21:58,920 --> 00:22:01,640
that it's not just a matter of, you know,

407
00:22:01,640 --> 00:22:03,920
dollars necessarily. I mean,

408
00:22:03,920 --> 00:22:08,880
what if you just have a population that you're dealing with in your

409
00:22:08,880 --> 00:22:13,160
county that needs these services? You know, what, what if that's just the bottom line?

410
00:22:13,160 --> 00:22:14,360
I think that is exactly right.

411
00:22:14,360 --> 00:22:15,600
And that's really been the crux of our,

412
00:22:15,600 --> 00:22:19,840
our concern with this bill is not the premise, right? The premise we agree with,

413
00:22:19,840 --> 00:22:24,080
we agree with the problem. We agree with, I mean, the numbers are what they are.

414
00:22:24,280 --> 00:22:26,480
We're not debating that. What we,

415
00:22:26,640 --> 00:22:30,520
what we as at the county association are concerned about is the fact that the

416
00:22:30,520 --> 00:22:35,000
bill doesn't provide the solution in our view to the problem that we,

417
00:22:35,000 --> 00:22:38,120
that we all agree is there. Right. And it's really, I think to your,

418
00:22:38,160 --> 00:22:42,200
to what you were just trying to get at is that we need to better identify where,

419
00:22:42,240 --> 00:22:44,120
where are these, where are the,

420
00:22:44,280 --> 00:22:48,760
the contributing factors coming from who in this space is,

421
00:22:48,760 --> 00:22:52,640
is causing this large increase in referrals.

422
00:22:52,920 --> 00:22:57,280
And then what can we do collectively as a system to get everybody to try to row

423
00:22:57,280 --> 00:23:01,360
in the same direction and try to, to, to use your words, sort of tamp this down.

424
00:23:01,680 --> 00:23:05,440
And I think the reality is just penalizing counties financially.

425
00:23:05,960 --> 00:23:09,760
Not only will that probably not be effective because counties again, don't,

426
00:23:09,880 --> 00:23:12,320
county in terms of county proper, right? Does,

427
00:23:12,360 --> 00:23:17,360
don't have the ability to, to impact these, these independent entities.

428
00:23:17,440 --> 00:23:20,120
Right. It's not, it's not like a board of county commissioners can tell the

429
00:23:20,120 --> 00:23:24,160
judge what to do. It's not like the judge or defense attorney. Yeah. Right.

430
00:23:24,160 --> 00:23:28,080
You know, and, and so there's that. And then secondarily, the, the,

431
00:23:28,120 --> 00:23:30,560
maybe more cynical, you know,

432
00:23:30,560 --> 00:23:35,560
effect is it reduces resources at the local level that maybe that could be used

433
00:23:36,400 --> 00:23:39,840
to better build out these programs and services that we've been talking around.

434
00:23:39,840 --> 00:23:42,480
Yeah. There's some library there. Right. And so, so again,

435
00:23:42,480 --> 00:23:45,280
we just feel like this is not the right approach and we do have some ideas and

436
00:23:45,280 --> 00:23:48,440
some thoughts about what, what we could do. And we, we've been, we're, you know,

437
00:23:48,440 --> 00:23:50,760
looking forward to continuing to work with representative Farvar and the

438
00:23:50,760 --> 00:23:55,080
legislature and the governor's office on some of those ideas. Um, but,

439
00:23:55,080 --> 00:23:58,520
but I think this bill as it sits now is one that we continue to struggle with.

440
00:23:58,560 --> 00:24:01,560
Wow. I mean, I get, again, I get what they're trying to do.

441
00:24:01,760 --> 00:24:04,720
I know the state has a problem. They've got to try to fix it, but you know,

442
00:24:04,760 --> 00:24:08,120
I would hate to be someone who had a family member, right?

443
00:24:08,120 --> 00:24:12,680
Who was having a cognitive issue that really needed some sort of serious

444
00:24:12,680 --> 00:24:16,480
evaluation, you know, and they get diverted just because of costs. That's right.

445
00:24:16,600 --> 00:24:18,520
Right. And in the longterm, you know,

446
00:24:18,520 --> 00:24:21,360
that might be a short-term fix for the county financially or for the state

447
00:24:21,360 --> 00:24:24,440
system, but in the longterm, that's not the best solution. That's right.

448
00:24:24,440 --> 00:24:27,520
For that family member or that loved one or that friend.

449
00:24:27,720 --> 00:24:32,280
And it could actually turn into a much worse outcome for them because of that.

450
00:24:32,320 --> 00:24:35,760
That's right. Yeah, that's right. It's a tough issue. It's a tough issue.

451
00:24:35,760 --> 00:24:39,360
And it's one, I think everybody's trying to work, work from an earnest way.

452
00:24:39,360 --> 00:24:42,880
I don't think anybody's trying to, you know, um, uh, you know,

453
00:24:42,880 --> 00:24:45,960
kind of cut anybody else off at the knees. But I think the reality is,

454
00:24:45,960 --> 00:24:47,760
everybody recognizes their problem.

455
00:24:47,800 --> 00:24:50,400
No one is sort of collectively figured out how to,

456
00:24:50,400 --> 00:24:52,960
how to bring all the stakeholders together to try to solve this.

457
00:24:52,960 --> 00:24:55,080
And I think that we're working on it. We're trying.

458
00:24:55,240 --> 00:24:58,440
Why do you think the state or at least a representative far of our,

459
00:24:58,440 --> 00:25:01,440
who's proposed this bill has landed on this as the solution?

460
00:25:01,440 --> 00:25:03,440
You know, it's interesting. We talked to her about this, honestly,

461
00:25:03,440 --> 00:25:06,000
and she's been a great good faith partner in this. I want to stress that.

462
00:25:06,000 --> 00:25:08,360
And, and in our, in our conversations with her, it's funny,

463
00:25:08,360 --> 00:25:11,640
we made this argument that, you know, we don't have control.

464
00:25:11,640 --> 00:25:13,840
I think we just talked about, right? We don't have control about what these

465
00:25:13,840 --> 00:25:17,800
independent, you know, prosecutors or, or public defenders or judges may be

466
00:25:17,800 --> 00:25:18,920
doing in this space. And she said, well,

467
00:25:18,920 --> 00:25:20,920
the state could make the same arm be given, right?

468
00:25:20,920 --> 00:25:24,880
We're being penalized through this lawsuit, hundreds of millions of dollars.

469
00:25:25,120 --> 00:25:28,840
And we also don't have control over the decisions that are being made at the

470
00:25:28,840 --> 00:25:32,280
local level. And so I think there in some ways in the same boat,

471
00:25:32,280 --> 00:25:34,520
we are in terms of trying to figure this out.

472
00:25:34,560 --> 00:25:39,120
I think where she is hoping to get to this is to continue to sort of raise

473
00:25:39,120 --> 00:25:43,080
awareness that we have to dig in more and we all need to realize that we've got

474
00:25:43,080 --> 00:25:47,440
we've got a stake in this and that if we don't try to address this as a system,

475
00:25:47,440 --> 00:25:48,280
and that is a system,

476
00:25:48,280 --> 00:25:50,480
including from the state right down to the,

477
00:25:50,480 --> 00:25:53,640
to the local level and everything that comes in between that,

478
00:25:53,640 --> 00:25:56,920
then we're probably not going to get where we want on this. But,

479
00:25:56,920 --> 00:25:59,280
but I do think it's going to take a lot more work to get there.

480
00:25:59,520 --> 00:26:04,240
Why aren't communities investing in those diversion programs in those

481
00:26:04,240 --> 00:26:08,240
community supports that are needed to support those diversion programs at the

482
00:26:08,240 --> 00:26:12,960
level that's really needed to drive this problem to the level that we need to

483
00:26:12,960 --> 00:26:13,960
drive this problem?

484
00:26:14,000 --> 00:26:16,640
Well, I was going to say drive the problem down,

485
00:26:16,640 --> 00:26:20,360
but I guess that's not the right word, but certainly, you know,

486
00:26:20,360 --> 00:26:23,120
decrease the trajectory of, of, geez increase.

487
00:26:23,520 --> 00:26:25,840
Yeah. I mean, I think there's, I think, you know,

488
00:26:25,840 --> 00:26:28,200
that's a complicated question, I think. And I think there's,

489
00:26:28,200 --> 00:26:31,280
there's some, maybe some top level answers that I would give that would say,

490
00:26:31,280 --> 00:26:33,920
you know, first of all, it takes a lot of funding, right? These are expensive,

491
00:26:33,960 --> 00:26:37,760
they're expensive programs. They're not as expensive as, as state hospitals,

492
00:26:37,760 --> 00:26:40,680
right? And investing in state hospital beds and state facilities,

493
00:26:40,680 --> 00:26:45,400
has really put its focus there. And so we've been challenged by the fact that the

494
00:26:45,400 --> 00:26:49,000
state has made a priority of building those facilities and building those beds

495
00:26:49,000 --> 00:26:51,520
because they needed to get out from underneath that backlog, right?

496
00:26:51,880 --> 00:26:55,200
But that's really been to the detriment of investments in the community system

497
00:26:55,200 --> 00:26:56,200
in this space, right?

498
00:26:56,480 --> 00:27:00,520
And so we would like to see some new priority from the legislature and from the

499
00:27:00,520 --> 00:27:04,280
state in investing in these local diversion programs, which really do,

500
00:27:04,960 --> 00:27:07,600
I think are going to be the answer if we want to solve this ultimately.

501
00:27:07,600 --> 00:27:10,800
And it's not that the state hasn't tried to do that. I think it has,

502
00:27:10,800 --> 00:27:13,280
it's just been stuck between having to prioritize.

503
00:27:13,280 --> 00:27:16,800
And I think the backlog was the priority. So we went down that road.

504
00:27:16,800 --> 00:27:20,080
And in the meantime, our community system has continued to struggle to keep up.

505
00:27:20,240 --> 00:27:21,400
So I think that's one part of it.

506
00:27:21,400 --> 00:27:24,520
I think the other part of it is these are complicated individuals to serve.

507
00:27:24,920 --> 00:27:27,440
And so you have to have the right type of services with the right type of

508
00:27:27,440 --> 00:27:30,800
providers. And depending on where you live and what county you're in,

509
00:27:30,800 --> 00:27:34,160
it can be difficult to have that, the right amount of providers.

510
00:27:34,160 --> 00:27:37,960
Some counties struggle with none and just because of the nature of the geography.

511
00:27:37,960 --> 00:27:42,040
So well, these providers need a certain amount of clientele in order to survive.

512
00:27:42,040 --> 00:27:44,720
And if you're in a rural area and there's less population there,

513
00:27:44,720 --> 00:27:45,800
you're less likely to have.

514
00:27:45,800 --> 00:27:48,680
That's exactly right. So yeah, so the, I mean, there's a workforce challenge.

515
00:27:48,680 --> 00:27:52,800
There's, there's a funding challenge. And there's just a, I think,

516
00:27:53,040 --> 00:27:57,360
just an overall increase in the need for these types of services that it's,

517
00:27:57,360 --> 00:27:59,040
the system has just not been able to keep up with.

518
00:27:59,200 --> 00:28:01,120
Well, fascinating problem, Brad,

519
00:28:01,120 --> 00:28:06,120
thanks for taking a deep dive on that bill and on that issue.

520
00:28:06,320 --> 00:28:10,680
I'm sure there's lots of other things going on in your policy areas.

521
00:28:10,800 --> 00:28:12,120
Hopefully we can have you back.

522
00:28:12,200 --> 00:28:14,040
We'd love to, I would love to, you know,

523
00:28:14,040 --> 00:28:16,560
I'm sure we'll have more times to give updates as this bill, you know,

524
00:28:16,560 --> 00:28:19,120
kind of moves through the process and where we go with our negotiations.

525
00:28:19,120 --> 00:28:22,360
But also, yeah, there's a lot more going on in the public safety space.

526
00:28:22,360 --> 00:28:25,760
So not only that, we have a behavioral health priority this year.

527
00:28:25,760 --> 00:28:27,560
We do, which is very exciting.

528
00:28:27,560 --> 00:28:27,840
You know,

529
00:28:27,840 --> 00:28:30,560
and I look forward to talking about that with you in future podcasts.

530
00:28:30,560 --> 00:28:32,280
In fact, we've got some exciting news. We look,

531
00:28:32,280 --> 00:28:34,000
we hope to see our bill drop next week.

532
00:28:34,760 --> 00:28:38,120
I don't know how that works with the time of these podcasts dropping, but yeah,

533
00:28:38,120 --> 00:28:39,800
it would be, it would be next week.

534
00:28:39,800 --> 00:28:42,600
And I think actually there'll be a really interesting intersect between what

535
00:28:42,600 --> 00:28:45,480
we're trying to do with our Wasack behavioral health priority and the,

536
00:28:45,480 --> 00:28:48,960
and the work that we've just talked about in building up the community level

537
00:28:49,080 --> 00:28:52,000
services in this type of space. Yeah, that sounds great. Thanks, Brad.

538
00:28:52,320 --> 00:28:54,960
We look forward to chatting about that then real soon with you.

539
00:28:55,000 --> 00:28:56,880
Thanks a lot, Paul. Appreciate it. All right. Take care.

540
00:28:56,880 --> 00:29:01,880
Thanks for tuning in to County Connection.

541
00:29:02,280 --> 00:29:05,640
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542
00:29:05,800 --> 00:29:08,760
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543
00:29:09,120 --> 00:29:10,440
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544
00:29:10,440 --> 00:29:13,600
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545
00:29:13,600 --> 00:29:27,240
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