Addressing the root of the crime

The judicial system is set up to address the crime, but a local judge said it does not always address the root of the crime.

That is why Whitman County District Court Judge John Hart and others partnered to create Whitman County Community Court. The court is a program that focuses on low-level, nonviolent offenders who struggle with mental health and substance abuse problems.

A person who decides to participate in Whitman County Community Court will be assigned a case worker who will help them through the process of finding housing, food and job training if needed. The person will work with a treatment provider to address their mental health and substance abuse issues, and they are required to attend court multiple times a month and pay any restitution owed. In total, the program will take 12 to 24 months.

“They build on their progress and the goal is that they are completely stable upon graduating from the program,” Hart said.

The program may also include opportunities for vocational training and education. Once a person completes a program, their charges may be dismissed.

The court was formally established in February and has not yet had a participant.

Hart said data from similar court programs in other counties show that when criminal behavior is a byproduct of underlying mental health issues, a typical probation may not be the best fit for them.

Hart said a traditional probation program sets the individual up with a probation officer and often restricts them from possessing drugs or alcohol. Hart said it addresses the crime more than the underlying problems that lead to criminal behavior.

Whitman County Community Court is more intensive, and requires the individual to be in constant contact with professionals who will try to keep them on the right track.

“A lot of people refer to it as an enhanced level of accountability,” Hart said.

Hart said he has wanted a program like this in his court since he became Whitman County’s district court judge in 2019. He believes it is especially necessary now because the COVID-19 pandemic has exacerbated mental health and substance abuse issues.

Palouse River Counseling Executive Director Mike Berney has seen the pandemic’s effect up close. He said behavioral health services like Palouse River Counseling saw a huge increase in people looking for help during the pandemic. The changes brought on by COVID-19 upended the way people typically handled anxiety and depression.

“The coping mechanisms that they used in the past just weren’t working,” he said.

Hart also pointed to the 2021 Washington State Supreme Court ruling in State v. Blake as an important reason to have this court. The court ruled the state’s felony drug possession statute was unconstitutional and reduced simple possession convictions to misdemeanors.

That means Hart anticipates his court will see a large increase in drug offenders in the near future. That ruling also led to more funding for programs like Whitman County Community Court, which was made possible with a $181,900 Washington grant.

“I really hope it both helps individuals in need and provides us a safer community,” Hart said about Whitman County Community Court.

Hart said he met with a team of people for a year and a half to prepare for this court program, including Berney, Chief Deputy Prosecutor Dan LeBeau, defense attorney Roger Sandberg, District Court Administrator Marlynn Markley and Probation Director Dan Bassler.

Berney said he believes if people with mental health problems had more support in the community, they would not break the law. He said Whitman County Community Court should give them “the extra structure that they need to stay compliant with the treatment recommendations.”

Kuipers can be reached at akuipers@dnews.com.