Dawanna Witt
Question #1
On June 9, HCSO issued “Administrative Directive 21-02,” which states that HCSO will no longer honor ICE detainer requests, nor will they give notice to ICE when an undocumented person is being released. Sheriff Hutchinson said further: “With the exception of when ICE has a judicial warrant for a person’s arrest, we no longer talk to ICE. That is all in the past. But, we will allow ICE agents into the jail on request.”
If you are elected as Hennepin County Sheriff, will you continue AD 21-02?
Yes.
You will see that is my name on the Administrative Directive 21-02. I am currently the Major that oversees the Hennepin County jail as well as courts. It is important to note the court process as well because of the continuation of services that exist between courts and jail. I have firsthand knowledge of how this order was implemented and why I will continue to support it. As the Major I investigated the number of (unlawful) detainers ICE submitted as well as their actions or lack thereof for follow through with getting proper legal authority for the Hennepin County Jail to hold people longer than we are legally obligated to. It was quite evident that holds place were an abuse of power. Yes, I would continue the HCSO Directive. It should be noted that I have also worked with other authorities to insure that the rights of all people (citizens and non-citizens are posted in all prominent areas of the jail such as booking, near phones and all housing areas. Included in that information it that they are not required to meet with ICE. Furthermore, I took the proper steps to ensure that none of our staff contact ICE to notify them of pending releases and I also had documents removed from our records area which was often used by ICE to identify which of our foreign born inmates were in our custody.
If yes, would you expand on AD 21-02 to bar ICE agents from entering the jail without a judicial warrant?
Yes.
To the best of my knowledge, I have terminated any and all access to the jail by ICE agents. It is important to keep in mind that ICE agents are a legal authority and can request to speak to any one in our custody. This is why it was important for us to ensure that the people in our custody have access to their rights along with interpreters to insure they understand their rights. I have always been a collaborative person/leader. I will continue to meet and discuss our policies and practices to ensure we are always doing right by the men and women in our custody.
Question #2
If the County Board developed a separation ordinance barring county agencies under their authority from collaborating with ICE, would you work with them to create a parallel non-cooperation policy within HCSO?
Yes.
Absolutely, I would. This is what is needed! We need not only looking at policies but also taken a deeper dive into when funds are received via grants; how the requirements effect the various divisions and the people that are in custody at the Hennepin County Jail. I would ensure that I look into how these types acceptance of grants and make sure they don’t infringe on the rights and humanity of the men and women in our custody. More importantly, are the ‘request’ legal binding and if not as a leader, ensuring that any infractions are publicly noted.
Question #3
Far from isolated incidents, the recent police killings of Breonna Taylor and Minnesota’s own Amir Locke are part of a nation-wide pattern; Taylor and Locke were killed as a result of no-knock warrants, which together with knock-and-announce or “quick-knock” warrants, have enabled the traumatization and killing of people—especially people of color—across the country for far too long.
Would you change Hennepin County’s search warrant policy to stipulate that county law enforcement neither request nor participate in a no-knock warrant of any kind?
Yes.
The Hennepin County Sheriff’s Office currently is not conducting no-knock warrants. As the Sheriff of Hennepin County I will continue that practice. I am cautious that although I will continue that practice I want to be clear there could be a rare incident in which they should be considered.
Let me be clear no-knock warrants should not be used to preserve evidence or property! I do value all lives especially those of innocent victims such as children and our elderly population. These incidents are rare and usually entail the unthinkable crimes.
It is impossible to say that there are no circumstances under which a no-knock warrant is appropriate. There are documented cases of lives saved by no-knock warrants; that said no knock warrants have been overused and the inappropriate use of no knock warrants have cost lives. I will not let this happen on my watch.
No knock warrants should be considered only in cases where lives are at stake, not solely for the recovery of evidence, preservation of property where lives are put at risk by police executing these warrants. All lives are valuable and this must be the priority.
Question #4
Sheriffs have a uniquely two-pronged authority as both law enforcement officers and overseers of jails, which often includes determining who is diverted from jail rather than booked. This positioning of sheriffs gives them immense power over how many and which people are incarcerated, how people are diverted to alternatives to the criminal justice system, and the expansion or shrinking of their county’s incarceration infrastructure. We believe this power translates to great responsibility—to combat the harms of mass incarceration against BIPOC, poor people, and immigrants, and transform the system that enables them.
Would you work with the County Attorney’s office to implement deflection and pre-arrest diversion policies for HCSO?
YES.
As the Major that oversees the jail, I have been and currently continue to have monthly meetings with the county attorney’s office, city attorney’s office as well as some of our local jurisdictions. The meetings are called “Jail population” meetings. It is there that we continuously look at who is in the jail and why. The goal has been to ensure we are not holding people in custody for low level nonviolent offenses. We have also collaborated with 1800 to ensure there is another avenue that provides resources that people need. We now have a social worker embedded in the jail who looks at the reasons agencies bring people to the jail and if they meet the qualifications of low level nonviolent crimes they are diverted to 1800 to receive the resources they need in liue of being held in the custody of the jail. This program was activated in 2021 and we are continuously building on it. While I don’t have the stats to say the race of people that are diverted, I do know they are typically low income and or homeless people. I stand firmly that the jail should not be used as a ‘daycare’ because of economic status nor because they are homeless. As the Sheriff, I will continue in my efforts to ensure that the sheriff’s office continues to implement deflection and pre-arrest diversion policies for the HCSO.
How would the HSCO under your leadership honor the responsibility outlined above and work to end mass incarceration?
Mass incarceration also is a product of recidivism. As a Major I was disheartened to learn that in 2019 education was only offered to inmates that were between the ages of 18-21 and were a part of the Minneapolis School District. I began asking the why questions. Infrastructure, space and the length of stay were the reasons that were given to me. The jail is a pretrial facility and the time that the men and women are within our care or any other facility should be given the opportunity to have resources to help them not come back! Jail time should not be dead time. Under my leadership I will continue to build on the programs that I have begun such as:
HOPE (Helping Others by Providing Education) – this will allow everyone to have access to an education if they choose
Embed life course classes (financial, personal hygiene, job interview/prep, etc.)
Legal classes – there are many people that are incarcerated that don’t know their rights or don’t know what questions to ask.