City of Ferndale

Progressive opponents of Whatcom Proposition 2023-4 rightly point out the fundamentally racist and oppressive nature of the current criminal legal system. Rather than investing hundreds of millions of dollars into a big new jail, they argue we should be helping meet people’s needs and using proven strategies to reduce crime, including providing housing and support services. They also point out the regressive nature of increasing the county sales tax when we already have the most upside-down tax code in the nation. 

Progressive opponents criticize the lack of detail and plans in the proposition, even in comparison with the 2015 and 2017 measures. There are no written specifics about the size of the facility or even how much it will cost, leaving a large amount of discretion with a small number of leaders on this important issue. However, they are very concerned about the possibility of a 440-cell jail that could hold 880 people or more based on how the current facility is used. 

Opponents often cite a very thorough 2017 report from the Vera Institute of Justice commissioned by Whatcom County to look into the issue of overcrowding and how to alleviate it. Notably, the report found many opportunities that don’t require a big new jail. For instance, a majority of jail admissions came from non-felony charges. By providing more diversion opportunities for low-level offenders, many jail bookings could be avoided entirely. In addition, DUIs and drug use were some of the most common charges for jail admissions. Many of these bookings could be avoided by providing more sobering houses and substance use treatment. The 81-page report is available here.

Maybe the most striking evidence for the need for reforms instead of a jail came from a report from Whatcom County published earlier this year. It found that 98 percent of the current jail population is awaiting trial and nearly two-thirds of them were in jail for an unnecessarily long period of time because they couldn’t pay their cash bail. It indicates Whatcom County could significantly reduce jail overcrowding by reforming the bail system to focus on risk rather than financial means. You can find the 110-page report here. 

Opponents of Proposition 2023-4 urge the county to pursue these alternatives that would reduce the prison population and improve lives at a far lower cost than building a new jail.

Progressive supporters of Whatcom Proposition 2023-4 point to the awful, inhumane conditions at the current facility as a driving need for a new jail. The current facility is often full and sometimes overcrowded, even after years of booking restrictions. In June, the mayors of Whatcom County’s seven cities sent a letter to the county council asking for a facility with more than 440 beds to remove the county’s booking restrictions. 

Other progressives cite the significant increases in funding for alternatives that are more explicitly named in the measure. Proposition 2023-4 is estimated to raise $14.4 million in the first full year and grow with inflation in subsequent years. A minimum of 50% of the revenue is planned for alternatives after 4 to 6 years, which would be a significant, long-term source of funding for treatment and supportive housing that is desperately needed in Whatcom County. 

More than anything else, progressive supporters believe this is the best compromise Whatcom County is likely to achieve in the coming years. Each city in Whatcom County must approve the use of new sales tax revenue from their jurisdiction to go toward this measure, which required some compromises with more conservative areas to earn their support. Given that it’s been 6 years since the last measure and it took nearly 18 months to craft this proposal, proponents believe it’s unlikely voters would see an alternative anytime soon if the proposition fails. 

Proponents of Whatcom Proposition 2023-4 believe it’s the best path forward to replace a dangerous facility, reduce overcrowding, and provide years of sustainable funding for treatment and alternatives.