Opinion: Hasty ‘reform’ legislation will make policing a lot tougher

Within the Gig Harbor Police Department, we have developed the mantra of providing the “Best Possible Service” to our community. Until now, the focus has been on the word “Best,” to ensure that we are providing excellent customer service to our citizens and businesses.

Due to recent legislation, the focus has now changed to what is “Possible.”

In the 2021 Legislative session, lawmakers took up police reform with a series of new laws that significantly change the way we can offer that service. The ink was still drying on the new legislation while police chiefs and sheriffs began meeting often with legal advisors to absorb these impacts and modify policies. From my conversations with the public, most citizens are unaware of these changes and the resulting impacts in the form of diminished services.

Vehicle pursuits

One significant change is a new law (ESHB 1054) explicitly restricting vehicle pursuits. . An officer must now have “probable cause” to believe that a person in the fleeing vehicle has committed one of several specified violent crimes (or have reasonable suspicion that they are driving while impaired).

An officer responding to the scene of a crime may see a fleeing suspect vehicle, but cannot pursue it until probable cause — a fairly high legal standard that goes well beyond mere suspicion — is established. This would normally require first-hand knowledge that the person within the fleeing vehicle committed one of the specified violent crimes. While responding officers develop that probable cause, the suspect gets away..

Drug possession

In February, the Washington State Supreme Court issued a ruling (State v. Blake) that decriminalized drug possession. The Legislature’s response could have been to insert a missing word (“knowingly”) in the current statute, but instead attempted to shift toward a treatment-based approach with very little accountability from the suspect. Now, during the first two times an officer encounters a person with any quantity of illegal drugs (heroin, meth, cocaine included), the officer must simply refer the subject to rehabilitation services and send them on their way.

And what or where are those services? This remains unclear.

Only on the third incident can a drug-carrying suspect be arrested, — and then only on a misdemeanor charge for what once was a felony. This puts drug possession on par with failing to transfer the title on your vehicle. Additionally, there is no statewide system to track the number of times a person has been given a drug referral, so that third drug-possession incident might in fact be their tenth before they face even the lowest of criminal charges. This may even lessen the incentive to seek treatment.

Use of force

Perhaps the most notable change comes with the new Use of Force law (ESB 1310) which truly signals the legislative intent to reduce police interaction. By law, police officers may now only use force when there is probable cause to make an arrest, effect the arrest, prevent escape, or protect against imminent bodily injury.The law continues with language that strongly encourages de-escalation tactics. Unless there is threat of imminent harm or a crime has been or is about to be committed, law enforcement should leave the area.

Let me repeat that: Law enforcement should leave the area.

As an example, if someone is suffering from a mental health episode (and is perhaps suicidal), unless there is an associated crime, we are forced to walk away. Assisting the fire department in restraining a combative person during a mental health crisis? Restraining a subject who is attempting to take their own life? Those tactics will now be illegal, and no police officer would be willing to risk being charged with assault for employing them.

‘Military equipment’

Finally, the legislature enacted laws prohibiting the acquisition or use of “military equipment.” Caught up in the definition of prohibited equipment is a 40mm Less Lethal device that launches foam bullets which could be useful in distracting or temporarily incapacitating a subject as an alternative to the use of deadly force.

These are but some of the laws put forth hastily in response to the police reform movement. These directives will result in notable changes in police response that will draw public consternation at some point and may make our communities less safe. Meanwhile, good police officers wanting to do the right thing in our communities are considering other career alternatives or moving to other states at a dramatic pace.

I don’t view police reform as a moment in time or a set of laws enacted to correct the misdeeds of a few. I view good policing as treating all persons in a fair and equitable manner. Constant process improvement and focusing on the big picture are the keys to effective public safety. Transparency and honesty are critical pieces to maintaining public trust. Police reform and good policing are not mutually exclusive.

As we adapt to a new way of policing, we will continue to provide the Best Possible Service. What is possible may just look a bit different.

This story was originally published July 7, 2021 at 6:32 PM.