Prosecutor’s Office and Therapeutic Courts Worry About Long-Term Impacts of Health Care Cuts

With medical and therapeutic support, individuals are finding ways to break the cycle of crime and create new lives.

Prosecutor’s Office and Therapeutic Courts Worry About Long-Term Impacts of Health Care Cuts
Front of the Jefferson County Courthouse, photo by Angela Downs

Court News by Angela Downs

State prosecutor’s offices are subject to the changing tides of legislation. Funding for state prosecutors comes from tax payers, but victims services and treatment come from grants, fees, and insurance—all of which are facing cuts in the state of Washington.

The financial burden this puts on people in the system, many of whom are living below state poverty levels, would mean the end of recovery services for both criminals and victims. 

With our geographic isolation and most people facing criminal charges below the 65 year median age in Jefferson County, Prosecuting Attorney James Kennedy said people’s development to become well-rounded members of the community is an essential function of the courts.

“We are always going to pay for people. You can pay for their education or you can pay for their defense lawyer, but you’re going to have to pay for them no matter what. And, you can’t put a price on trauma,” Kennedy said.

A dilemma within the justice system is the statistical likelihood that a person who's committed a crime or caused harm has also experienced trauma and are in one way or another, a victim themselves. 

One of the ways Jefferson County’s Court System is establishing a new criminal narrative is through their Therapeutic Courts and Alternatives to Incarceration. The goal of the Therapeutic Courts is to limit the trauma of incarceration, support recovery, and help people return as productive members of the community.

A brown and tan wood and tile stairwell
Jefferson County Courthouse stairwell, photo by Angela Downs

Ending the cycles of trauma that lead to crime is more complicated from a recovery perspective, like the courts are positioned to take, than a prevention approach. An essential part of reform is the freedom of each individual to choose to change. 

Therapeutic Courts are a voluntary course. For people charged with a crime but not held in custody, the choice to enter the program takes real effort of will on the individual's part, Kennedy explained. Deciding who is the right candidate for therapeutic courts is a question Kennedy said he’s been grappling with since he began his position in 2019. 

Rebecca Marriott, Therapeutic Courts Coordinator, explained that their teams have learned to include celebrations of success along the way and build in incentives for individuals to do well in the program. 

One of the greatest successes of Therapeutic Courts is the reunification of families.“Graduates break family cycles. The numbers fluctuate, but right now we have 6 of 12 in Drug Court that are parents, and 1 out of 8 in Behavioral Health Court are parents,” said Marriott. 

 A function of the Therapeutic Court process is signing participants up with health insurance, which pays for their treatment and allows them to see a doctor. 

“The physical transformations that can happen for people in the program can be amazing. Oftentimes people are suffering from failing dental health, and the dental work is huge for them,” said Kennedy, “Once they begin caring for their health things really turn around for them.”

The network of social services, law enforcement, and court officials, the prosecution, and the defense in therapeutic courts has yielded documented success in reduced recidivism and lowered long-term costs. 

The proposed healthcare cuts from the federal level could mean there will be no treatment court anymore. Without access to healthcare services, the program is missing a major branch of its success.

The program hasn’t felt the effects yet, and there are not yet clear legislative proposals to navigate the major changes ahead.  As we move into the second year with the current administration, communities will be charged with keeping aware of the nuances of the effects of recent policy changes.