Prosecutors Desk 2-15-2015

A couple of years ago, Deputy Prosecutor Matt Enzler prosecuted a case involving theft by an employee from a local manufacturer. The theft was accomplished by selling good material for scrap. The defendant pleaded guilty to Theft 1 and Trafficking 1, both with aggravating circumstances. The aggravating factor was the magnitude of the economic impact of the crime.

At sentencing, the defendant argued for everything to get out of going to prison; the Parental Sentencing Alternative, the First Time Offender waiver, or a standard range sentence. Our Superior Court Judge Al Nielson specifically denied all the defendant’s requests, and instead sentenced the defendant to 6 years in prison based on the facts and the aggravating circumstances of the crime.

Recently we received notice that the Department of Corrections had changed the defendant’s sentence and “administratively converted” the last year of the defendant’s imprisonment to Community Custody. The Department released the defendant on the Parental Sentencing Alternative, RCW 9.94A.655.

We do not agree with this Department of Corrections decision. We were not given an opportunity to object or to present the argument that the Judge had specifically rejected this alternative. We asked our legal counsel in the Washington Prosecutors Association whether we had any chance of reversing this administrative decision. The answer was that last year the legislature gave the DOC the power to do this as a cost-saving measure. We were advised that we did not have any way to undo this decision. We are stuck with this nonsense. The sentencing judge was aware of all the facts and specifically said this thief should be sentenced to 6 years. Apparently some bureaucrats now have the power to overrule the Judge in order to save some bucks. What a crock!

It is wrong headed, but this decision fits right in with moves by the state to try and solve budget problems. Lawmakers are constantly telling the Department of Corrections to stop spending so much money. The only way DOC can do that is by releasing people from prison. “Send the back to the community,” is the message the legislature gives to the beleaguered Department of Corrections.
DOC must do as the legislature says.

Records show that nearly all persons in prison are there for violent crimes and most of those who get out likely will come back. There are people are sent to prison for property crimes, but it appears the state is not willing to pay the bill to keep these thieves in prison. Our citizens will likely pay through being victimized over and over by people who should be in prison. It doesn’t seem like things have to be this way, but this is the way things are done. Some things are worth spending money on. Keeping persons who committed serious crimes and were sent to prison, in prison, is one of them.

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