Tag Archives: DOC

Governor signs Padden bill raising penalties for sexually abusive jail guards

Note: The following e-newsletter was sent to Sen. Padden’s subscribers March 30, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

I am pleased that my public safety bill that imposes longer sentences on sexually abusive jail and prison guards was signed today by Governor Inslee after being unanimously approved by both the Senate and House this session.

The law created by Senate Bill 5033 reclassifies the crime of first-degree custodial sexual misconduct (in which the corrections officer has sexually assaulted the victim), now a Class C felony, to a Class B felony with a seriousness level of VII. That calls for an initial sentence of 15 to 20 months and a high-end sentence between 7.25 years and 9.6 years. The new law, which will take effect in late July, also reclassifies second-degree custodial sexual misconduct (in which the corrections officer has sexual contact with the victim) from a gross misdemeanor to a Class C felony with a seriousness level of V, which would bring a sentencing range of six to 12 months for those with the lowest offender score and a range of six to eight years for offenders with the highest offender score. The grid is based on the criminal history and the serious level of the crime.

Senator Padden and others join Governor Inslee as he signs Senate Bill 5033 today.

Officers who work in jails and state correctional facilities are part of the law-enforcement community just as much as the officers who patrol our communities and investigate crimes. Like all the people we entrust to administer justice, corrections officers must be held to a high standard, especially considering the unique level of authority they have over people in custody.

SB 5033 was inspired by a KING-TV investigation about a Clallam County jail guard, John Gray, who served just over a year in prison after sexually assaulting four women.

When the bill was being considered by the Senate Law and Justice Committee early this session, it was named “Kimberly Bender’s law,” in honor of the 23-year-old Quileute woman who died by suicide in her Forks jail cell in 2019 after reporting to city officials that Gray sexually harassed her. Bender’s mother, Dawn Reid, asked me to name the bill after her daughter.

Gray was convicted in 2021 of two felony and two misdemeanor counts of custodial sexual misconduct and served 13 months of his 20-month sentence.

This newsletter covers several other issues and events happening in Olympia in this past week.

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email.

Thank you, as always, for the honor of serving as your state senator!

Best Regards,

Senator Mike Padden

Senate passes flawed operating budget

Another key point of this year’s legislative session was reached when the Senate yesterday voted 40-9 to pass its new state operating budget for the upcoming 2023-25 biennium, which begins July 1.

While the Senate’s spending plan has some positive qualities, including funding to combat drunk driving and funding for two of my bills – Senate Bill 5218 and Senate Bill 5096 – I voted “no” on the budget for a number of reasons. Here are three important ones.

The first is because this budget provides $15 million over the next two years for abortion care, including more than $730,000 for “outreach, patient navigation, and staffing” at the Department of Health. This large amount of money is for the governor’s program to bring women to Washington from states that have abortion restrictions. It is incredibly wrong to use taxpayer dollars to make Washington an “abortion destination state.”

One of the lower Snake River dams in southeastern Washington.

Second, the Senate operating budget includes $500,000 in one-time funding for yet another study involving the four lower Snake River dams. This study, to be conducted by the state Department of Ecology, would look at the actions needed to “continue water use for irrigation during drawdown related to potential lower Snake River dam removal and thereafter of a natural flowing river.” These duplicative studies are a waste of taxpayer dollars. I share the strong belief of many eastern Washington legislators and eastern Washington’s congressional delegation that the four Snake River dams in our state should not be breached.

My third reason for opposing this budget is because it does not provide property-tax relief. Many Washingtonians are being taxed out of their homes, and some property tax relief, which the state can afford, would greatly help many homeowners. When Sen. Lynda Wilson, the ranking Republican on the Senate Ways and Means Committee, unveiled her Republican budget proposal two years ago, her plan included property-tax relief. It’s unfortunate this year’s Senate budget won’t provide it.

More information about the Senate operating budget, Senate Bill 5187.

House Democrats released their own operating budget plan on Monday. The House is expected to vote on its own two-year spending plan sometime next week.

Despite Republican opposition, Senate committee passes bills that would weaken Second Amendment rights

This legislative session, a few Democrat-sponsored bills aiming to erode Second Amendment rights have made their way through the Legislature. On Tuesday, the Senate Law and Justice Committee passed two of these measures, despite strong opposition by my Republican colleagues and myself.

One of the proposals, House Bill 1240, would ban the sale or purchase in our state of modern sporting rifles, or “assault weapons,” as Democrats prefer to call them. The measure was passed along party lines. Before that vote was taken, other Republicans and I offered 17 amendments to improve the bill or limit its negative impact, but all were defeated. Like many others, I oppose this bill because it would ban the purchase of some of the most commonly owned and lawfully possessed sporting firearms, including some shotguns and pistols. Many people possess semiautomatic firearms for self-defense, and certainly for hunting. If it becomes law, this proposal will be challenged in court and likely will be ruled unconstitutional.

The other gun measure passed by the committee’s Democratic majority is House Bill 1143, which would prohibit an individual from buying a firearm from a dealer until the buyer has passed a background check and has completed a firearm-safety training program. As opponents argued during testimony before the committee, this bill would restrict access to firearms and won’t address the root causes of crimes committed by individuals with a firearm. It infringes on the rights of Washingtonians to own a firearm. My Republican colleagues and I offered six amendments, but all were rejected.

When the two bills received public hearings in the Law and Justice Committee, a large number of people testified against them, with 37 speaking against HB 1143 and 107 against HB 1240. Both bills likely are now headed to the floor for a full Senate vote.

DUI ‘lookback’ proposal still moving, as part of other drunk-driving proposal

Earlier this session, the Senate voted 48-1 to pass Senate Bill 5032, my proposal to help combat drunk driving.

SB 5032 would expand the period for reviewing prior convictions of impaired driving to 15 years, from the 10 years now in state law, when determining whether a new offense of impaired driving is charged as a felony. Under the proposal, any person who has three or more prior DUI offenses within that 15-year lookback period would face a felony, rather than the current penalty of a gross misdemeanor. Furthermore, SB 5032 would give offenders a chance to undergo a highly structured treatment program.

Our state has seen too many accidents and fatalities caused by drunk and drug-impaired drivers, especially repeat offenders. This bill could help reduce traffic deaths.

While it would have been preferable to pass SB 5032 as a stand-alone measure, I’m pleased that it is continuing to move forward this year as part of another proposal to combat drunk driving.

The Senate Law and Justice Committee recently passed House Bill 1493, which would make several changes to the state’s impaired-driving laws. Before doing so, the committee incorporated the SB 5032 language. The good policy in SB 5032 remains alive as part of HB 1493.

Concerns over land-use bill in Senate

One of the many House bills still being considered by the Senate this session is House Bill 1110, which would require certain cities planning under the state’s Growth Management Act to authorize minimum development densities on lots zoned predominately for residential use.

If HB 1110 reaches the Senate floor, I will vote against it. There are a few reasons why I have concerns with this bill. This is an issue that should be addressed by locals, not the state. This legislation takes away local control on land-use decisions from the cities of Spokane Valley, Liberty Lake and Millwood. It gives the decision-making power to Olympia. The folks in Olympia are not elected and do not have the same values as 4th Legislative District citizens.

The proposal was passed last week by the Senate Housing Committee and is scheduled to receive a public hearing tomorrow in the Senate Ways and Means Committee.

Ridgeline students visit Olympia

On Monday, I enjoyed meeting with members of Ridgeline High School’s Robotics Club during their visit to the Capitol. They were a bright group of students who have promising futures ahead of them.

Contact us!

If you have a question or concern about state government, please do not hesitate to contact our office. During the session we are conducting business from our Senate office in Olympia. We are here to serve you!

Phone: (360) 786-7606

Olympia Office: 215 Legislative Modular Building, Olympia, WA 98504-0404

Email address: Mike.Padden@leg.wa.gov

PLEASE NOTE: Any email or documents you provide to this office may be subject to disclosure under RCW 42.56. If you would prefer to communicate by phone, please contact Sen. Padden’s Olympia office at (360) 786-7606.

To request public records from Sen. Padden, please contact Randi Stratton, the designated public records officer for the Secretary of the Senate and Senate members.

Padden bill on pursuing active warrants for community-custody violators receives committee hearing

According to 4th Legislative District Sen. Mike Padden, one of the problems with Washington’s criminal-justice system is the state Department of Corrections’ failure to prioritize the pursuit of felons who have violated terms of their community supervision, which leaves them free to commit more crimes.

A bill introduced by Padden aims to address this problem.

Senate Bill 5226 would require the Department of Corrections to prioritize staffing to pursue active warrants for community-custody violators. It received a public hearing today in the Senate Human Services Committee.

Padden, the ranking Republican on the Senate Law and Justice Committee, told the Human Services Committee that the bill resulted from a 2016 Senate investigation into the premature release of about 3,000 prisoners from the Department of Corrections. Information related to that investigation can be viewed here.

“This bill tries to refocus the department on its basic mission – number one, public safety – and also to implement that by serving warrants,” said Padden, R-Spokane Valley.

Padden testified that DOC has many people on community custody who are not incarcerated, adding that oftentimes the warrants for the offenders are not pursued by Corrections.

“Those offenders who have warrants out on them are more prone than others to reoffend,” added Padden. “By serving these warrants, we can see some positive changes, including the possibility that these people will not reoffend.”

TVW’s coverage of Padden’s testimony on SB 5226 can be viewed here.

Spokane County Prosecuting Attorney Larry Haskell, Spokane County Sheriff John Nowles and Spokane Police Chief Craig Meidl testified remotely from Spokane in favor of the proposal. Their testimony can be seen here.

In September 2021, Padden and Republican Sens. Chris Gildon and Keith Wagoner released a follow-up report, “Prison Alarm Bells: Five Years of Failure at the Department of Corrections – and What Washington Can Do About It,” that called attention to the lessons not learned following what Padden considers the worst state-government management debacle in recent memory: the early release of some 3,000 convicts before their sentences expired. The report can be viewed here.

Alarm bells still ringing at Department of Corrections

More than five years ago I stood at a podium before a room full of reporters to announce the findings of a detailed Senate investigation into systematic failures at the Department of Corrections, and what could be done to fix them.

A lot can change in 5 years, but apparently not as much as we had hoped for at DOC. As if this year’s Democrat-approved new restrictions on law enforcement weren’t enough, a similarly partisan effort to empty prison cells and return convicted felons to the street is creating new public-safety risks across the state.

That’s the conclusion of a Senate report I, along with two of my Senate Republican colleagues, released last week about new challenges for the state Department of Corrections. The report, “Prison Alarm Bells: Five Years of Failure at the Department of Corrections – and What Washington Can Do About It,” calls attention to the lessons that clearly were not learned following the worst state-government management debacle in recent memory: the accidental release of some 3,000 convicts before their sentences expired.

Five years after that debacle, is the premature release of felons has become a matter of official state policy.

Click here to read the full Report from Olympia.

Senate Republicans offer comprehensive Corrections reforms, would increase safety and accountability

Forward-looking approach aims to head off problems before they occur

Ongoing problems at the scandal-plagued state Department of Corrections are prompting a trio of Senate Republicans to introduce a package of sweeping reforms to address what they call a costly and fatal record of mismanagement.

Sen. Mike Padden, R-Spokane Valley, said recent inmate deaths due to inadequate medical care demonstrate the agency’s problems are far from being solved. Padden led a comprehensive Senate investigation into management failures at the agency four years ago.

Padden said, “Corrections keeps saying, ‘trust us,’ and look what happens. It has gotten to the point that our Democratic colleagues are expressing interest in reform as well. The package we have introduced is the kind of comprehensive reform I think both parties can support. We shouldn’t just react to problems – we should keep them from occurring in the first place. We have seen the governor’s watered-down, no-accountability approach already, and it hasn’t done the job.”

The Department of Corrections suspended the medical director at the state prison in Monroe last year following an investigation that uncovered a pattern of inadequate care that may have contributed to at least three inmate deaths. A scathing report released last month about one inmate death indicates prison officials ignored his cancer diagnosis for 15 months and failed to provide treatment.

Senate Republicans are introducing four measures this year to address systemic management problems, encourage greater accountability, improve safety for inmates and corrections workers and support whistleblowers who identify problems at the agency.

Padden and Sen. Steve O’Ban, R-University Place, introduced their bills this week, joining Sen. Keith Wagoner of Sedro-Woolley, who filed two measures prior to Monday’s start of the 2020 legislative session.

Systemic DOC Reform

Senate Bill 6298, sponsored by Padden, would

explicitly establish that DOC’s central duty is the protection of public safety;
require performance audits of the agency’s information-technology and medical units;
mandate that DOC put a higher priority on re-imprisoning felons who have violated community-supervision requirements; and,
permit sentencing reviews when sentencing calculations are performed incorrectly.

“These reforms are way overdue,” Padden said. “We offered some of them in a comprehensive reform bill in 2017. Unfortunately, the governor’s office took offense, and the bill was blocked in the House. At this point I think all of us have to recognize something is haywire. I hope these recent deaths will help change the governor’s mind.”

In 2016, the Senate Law and Justice Committee, then chaired by Padden, conducted an exhaustive investigation of Corrections’ early release of some 3,000 prisoners convicted of violent and dangerous crimes. Those early inmate releases spanned a 13-year period, and they continued three years after DOC employees learned of the problem and attempted to flag it to the attention of their supervisors. At least two deaths and numerous other crimes were linked to inmates who should have been behind bars at the time.

Protecting Inmates and Corrections Officers

Wagoner’s SB 6063 directly tackles management problems in the agency’s medical unit. The bill would establish minimum qualifications for a prison medical director, set criteria for transferring a patient to a health care facility for medical assistance and standardize policies and procedures for offsite medical treatment.

Sen. Keith Wagoner, R-Sedro-Woolley, represents the 39th Legislative District, which includes the Monroe Correctional Complex.

“I represent all the people at Monroe – the inmates we are entrusted to care for during their incarceration, as well as the corrections officers who deserve a work environment that is as safe as possible,” Wagoner said.

“While accountability for this and other recent failures will undoubtedly be the highest concern for victims’ families, we also need to look forward and address the serious safety concerns for all involved. We also have a duty to ensure we provide medical care to inmates under the state’s watch.”

Wagoner’s other measure, SB 6064, would require DOC to install body scanner devices in prisons by July 1, 2024. Wagoner said he was inspired by a body-scanner pilot program that intercepted as much contraband in two months as in an entire year of pat-downs, strip searches and other traditional methods.

Increasing Accountability

Sen. Steve O’Ban, R-University Place, says listening to front-line employees is the key to fixing DOC.

O’Ban’s proposal, Senate Bill 6322, addresses failures of leadership and accountability within the agency’s upper management. The measure would give greater authority to the ombuds office created in the wake of the early-release scandal. The office, created with the governor’s support, was crippled by management structure and restrictions that prevented investigation into concerns raised by DOC staff, O’Ban said. The bill would remove the ombuds office from the governor’s office and allow it to operate independently, and would direct the state to staff it with an outside provider. Retaliatory measures against whistleblowers would be prohibited, including settlement agreements with whistleblowers that bar them from future employment with the state.

O’Ban said DOC’s front-line employees are among the most knowledgeable about management problems. During the Senate’s DOC investigation, many alerted lawmakers to agency waste, fraud, mismanagement and abuse.

“Recent disclosures of problems with DOC’s medical programs offer conclusive evidence the agency still hasn’t cleaned up its act,” O’Ban said. “Where there are problems, we want to know about them.”

O’Ban voiced optimism that the time is right for bipartisan action on the package of DOC reforms but noted that the Democrats who control both chambers of the Legislature may not yet be ready to hold a Democratic administration accountable.

“We have been fighting for vital reforms and accountability at DOC for nearly five years,” O’Ban said. “The package Republicans have introduced is the kind of comprehensive reform I hope Democrats will finally support.”

Padden’s remarks on confirmation of Stephen Sinclair at DOC

Senator Mike Padden, R-Spokane Valley, urges a no vote on the confirmation of Stephen Sinclair to head the Washington state Department of Corrections. Padden urges a ‘no’ vote on SGA 9267 – STEPHEN SINCLAIR, appointed April 25, 2017, for a term ending January 01, 2075, as Director of the Department of Corrections – Agency Head.