What is the purpose?

The purpose of the Thurston County - Court Alternative Program (TC-CAP) is to provide a pathway for individuals who are indigent and have eligible misdemeanors or gross misdemeanors to be easily connected to community-based service providers. These providers will help individuals address the root cause of their criminal behavior which will help limit incarceration and further involvement in the justice system. Programs such as this have been shown to promote confidence in the courts and legal system, while reducing recidivism.

Where did Thurston County get this idea?

TC-CAP is a hybrid version of San Diego's Homeless Court program. Homeless Court programs allow people experiencing homelessness to resolve outstanding issues with the legal system while working to address the underlying cause of their homelessness. These programs are different from other court models in that they are not supervision courts, and they address a full range of misdemeanor cases. “Court” is also typically convened out of a homeless shelter or another local service provider’s space. This allows easy access for program participants. San Diego’s Homeless Court is considered the country’s model Homeless Court and covers all misdemeanor offenses and only excludes domestic violence and sex offenses.

Service providers are key in the Homeless Court model and are responsible for referring and assisting individuals as they work through the process. Service providers encourage participants to take responsibility for their actions. Homeless Court gives individuals “credit for time served” for their time in the program, allowing them to receive services that address the underlying cause of their homelessness while reconciling their legal involvement. 

Service providers must have a Memorandum or Understanding (MOU) with the Homeless Court program or county that details the services they offer, and what an individual must do to be considered as having successfully completed the program. These MOUs are reviewed and approved by all stakeholders, including public defense, judges, and the prosecutor’s office.

How is TC-CAP different?

1. TC-CAP is voluntary. Participants chose to engage in the program and can decide at any time to leave the program, and have their active cases return to the traditional justice system. Research has shown that treatment is more effective when it is voluntary, versus coerced or court ordered. 
2. TC-CAP does not require ongoing compliance monitoring by Thurston County courts, or Pretrial Services. Participants engage in services through community-based service providers, and each provider will have their own requirements and guidelines for TC-CAP participation. The court system is not responsible for monitoring participant compliance.
3. TC-CAP focuses on addressing an individual’s underlying reasons for criminal behavior and gives them credit for that work and their accomplishments through the program.

Pilot Program Overview

Thurston County will be piloting TC-CAP for one year prior to reviewing and making a determination on a full program launch. The TC-CAP Pilot will be based out of the Thurston County Resource Hub. The Pilot will be staffed by the Resource Hub Program Manager and Operations Manager, as well as the Criminal Justice Regional Program Manager. 

Eligibility

Individuals are considered eligible if they are indigent and have an outstanding misdemeanor, gross misdemeanor, or Simple Possession charge in District Court. 

Connecting Participants to the Program

When an individual is eligible for the program and has agreed to participate, Resource Hub staff will work with them to determine which community-based provider will meet their needs and best address the root cause of their criminal behavior. 

As the program is voluntary, if the prosecutor and public defender agree that an individual is a good fit for the program, they can discuss the program with the individual and ask if they would like to participate. If the person agrees to participate the public defender will connect them to the Resource Hub where staff will recommend an appropriate service provider.

Those with Simple Possession charges will automatically be referred to Thurston County’s Law Enforcement Assisted Diversion (LEAD) program.

Identifying a Participant's Needs

The purpose of TC-CAP is to identify the root cause of the participant’s criminal behavior and provide the services necessary to address those problems. As such, Resource Hub staff will take feedback from the participant and their public defender to determine which service provider may best fit their needs. Once a potential service provider has been identified, Resource Hub staff will reach out to the individual’s public defender and the prosecutor to confirm the identified service needs before connecting the participant to the provider. 

Once the participant is connected to a service provider, the individual will meet with the provider who will administer any necessary or appropriate assessments to confirm service needs. The service provider will then create an individualized action plan and begin services. Should a service provider determine they are not the best fit for a participant, they may work with the Resource Hub staff to find another provider.

Receiving Services

Once connected to a service provider, participants will engage in services with the provider until their next scheduled hearing. The court will schedule a participant’s next hearing at a date agreed upon by all parties (no longer than 6 months and within current trial dates). The time period may be extended after identification of a participant’s service needs by agreement of the parties. 

Compliance

TC-CAP service providers are not asked to regularly report on compliance. When an individual’s next hearing comes up in court, the provider will be asked to share a Provider Statement. This statement will detail what the individual has accomplished during their time in TC-CAP. Service providers will submit the statement to Resource Hub staff who will share the information with the rest of the stakeholders at the Team Review meeting. Once an outcome for the case is agreed to, the public defender will file the Advocacy Letter with the court as well so the judge has access to the participant’s successes. 

One month prior to a participant's next hearing, Resource Hub staff will reach out to any applicable service providers and request an Advocacy Letter. This will be shared at the next Review Team meeting and used by the prosecutor and public defender to determine case outcome.

After the participant has completed all conditions of the program as determined by the review team, parties, upon agreement, may file an ex parte motion with the Court to amend or dismiss the charge. Upon resolution of the charge, any future court dates previously set may be stricken from the docket. If the determination of the Review Team is to have the matter set before the Court instead of ex parte, the parties may motion the Court for a hearing to be set to address the matter if one has not been previously set. Parties may request a waiver of a participant’s appearance at the scheduled proceeding.

Following case resolution, whether addressed ex parte or through a court proceeding, the parties, in consultation with the Resource Hub, will notify the participant of the date, time, and location of the participant’s program graduation.

Completing the Program

One month prior to a participant's next hearing, Resource Hub staff will reach out to any applicable service providers and request an Advocacy Letter. This will be shared at the next Review Team meeting and used by the prosecutor and public defender to determine case outcome.

After the participant has completed all conditions of the program as determined by the review team, parties, upon agreement, may file an ex parte motion with the Court to amend or dismiss the charge. Upon resolution of the charge, any future court dates previously set may be stricken from the docket. If the determination of the Review Team is to have the matter set before the Court instead of ex parte, the parties may motion the Court for a hearing to be set to address the matter if one has not been previously set. Parties may request a waiver of a participant’s appearance at the scheduled proceeding.

Following case resolution, whether addressed ex parte or through a court proceeding, the parties, in consultation with the Resource Hub, will notify the participant of the date, time, and location of the participant’s program graduation.

Program Graduation

Following case resolution, program participants will be notified of the date, time, and location of the graduation ceremony. The TC-CAP Graduation Ceremony will be hosted by the Resource Hub but may be held at other locations, such as with service providers, as appropriate. During the graduation ceremony, the public defender and prosecutor participate, and a judge oversees the proceedings and shares information on the client’s accomplishments and their case outcome. 

During the TC-CAP Pilot we will be collecting a variety of data elements to ensure program success. The purpose of collecting data is to ensure we are serving the appropriate population, but also help us better understand the needs of program participants. Furthermore, data collection will allow us to show participant outcomes and identify program successes. Program staff will also be collecting feedback from program participants for the duration of their participation. At the end of the pilot, a final report will be shared with the Board of County Commissioners. 

Email us: TCCAP@co.thurston.wa.us

Call us: (360) 786-5230

Visit us in person at the Resource Hub:

929 Lakeridge Dr SW

Olympia, WA 98502