HomeMy WebLinkAboutCommittee of the Whole September 24 20021
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Committee Of The Whole
September 24, 2002
The meeting was called to order at 6:00 p.m. by Council Chair L. Ward
Nelson in the Council Committee Room, 311 Grand Avenue, Bellingham,
Washington.
Present: Absent:
Laurie Caskey- Schreiber None
Sam Crawford
Seth Fleetwood
Dan McShane
Sharon Roy
Barbara Brenner
1. DISCUSSION WITH A REPRESENTATIVE FROM THE WHATCOM
COUNTY PROSECUTOR'S OFFICE REGARDING PENDING LITIGATION
(AB2002 -018)
This item was withdrawn.
2. DISCUSSION REGARDING THE WHATCOM COUNTY ]AIL (AB2002-
341)
Wendy Jones, Chief of Corrections, stated she would like to provide
information on the history of and problems with the jail. She would talk about how
the jail was originally planned, the reality of how the jail is being used, and the
future.
In the late 1970's, the decision was made to build a new jail. Whatcom
County got caught up a series of lawsuits that found that almost every jail in the
State of Washington had multiple constitutional violations because they were so
old. At one point, the jail was on top of the courthouse.
Funding for a new jail was underwritten with a bond authority from the
State. In 1983, they opened the jail. They anticipated it would meet their
incarceration needs for 25 to 30 years. They anticipated the population to remain
what it had been. The population consisted of local low -level offenders, drunks, a
few people who messed around with marijuana, and an occasional college student
who got a little silly. For the most part, they were pretty low -level offenders, with
Committee of the Whole, 9/24/2002, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
the exception of the Hillside Strangler. They didn't have too many high profile
criminals in Whatcom County.
The jail is there to provide the basic services mandated by the State and a
series of constitutional challenges that happened at that time and that determined
staffing levels, crowding levels, and certain services.
Unfortunately, the plan didn't work well. Two years after the jail opened,
they ran into problems with staffing levels and bed space. That's when they
started a series of remodels to convert storage and recreational areas to housing
areas. They've got inmates now who are in indoor and outdoor recreation areas,
old storage closets, and old work release areas.
Over the past 17 years, they've engaged in a series of steps to manage the
jail population as it continued to grow. The steps include the remodels, expansion
of the jail alternatives programs, booking restrictions, and some early release
procedures. They've run out of space to remodel. There are no more storage
areas to turn into inmate areas. Therefore, they are using more and more early
release procedures and booking restrictions. That translates into the fact that they
are not allowing some inmates to come into the facility at all, and they are
releasing other offenders earlier than they were senders. They need the beds for
high -risk offenders.
The jail is a division of the Sheriff's Office. The jail has two subdivisions, the
main jail and the jail alternative programs. The main jail handles the
transportation, housing, and classification of offenders. They also take care of
basic health care, food service, mental health care, and commissary needs. They
also provide a range of inmate services that are mandated by case law, State law,
or County ordinance. That includes things like basic education, library services,
religious counseling, and Alcoholics Anonymous (AA) programs.
The Jail Alternatives Division runs a variety of different alternatives. They
are primarily work release, electronic monitoring, work crews, and special
programs.
Caskey- Schreiber asked how the private jail in the county is affiliated with
this system. Jones stated there are no private jails in the county. There is one
private special detention facility, which is Security Specialists Plus (SSP). SSP falls
under where they have work release. Washington State law specifically prohibits
private jails in the State of Washington. They do allow special detention facilities.
Work release is an example of that. In order for an offender to get into the SSP
facility, the offender has to apply through the jail alternatives programs. The
offender is screened, application paperwork is completed, a criminal background
Committee of the Whole, 9/24/2002, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
investigation is done, and classification processes are gone through. The
application is more than 20 pages. Then the offender is allowed to be housed in
the work release facility, go out to work during the day or night, and come back to
the facility when they are not at work. If there are any disciplinary problems, the
officers at jail alternatives take care of it. If the individuals walk away from the
facility, the 911 system is activated and patrol officers get the offender to bring
him or her back to the main jail. Because there is a link between the private and
public sector, the County is allowed to contract with SSP to provide the beds. They
would not be allowed to have people placed under arrest and taken directly to SSP.
They wouldn't be allowed to have SSP go through and screen the individuals,
impose discipline, or mandate that they were arrested if they walked away from
the facility.
Deane Sandell, Undersheriff, stated SSP is not a security facility. The
inmates can't open the door and walk out, but it is not a lockdown facility.
Caskey- Schreiber asked if it is one step above a halfway house. Jones
stated it basically is.
Nelson stated it is a barracks.
Roy asked who does the job development. Jones stated the folks in the
work release facility have to have a job or have found a job on their own. They
can hook some of the offenders up with work. That has happened with the various
different social agencies in town. They also run a couple of in- custody work crews
out of that building. The work release inmates work for the County.
Nelson stated councilmembers have gone on a tour of the facility in the
past.
Jones stated the program has been a lifesaver because it has allowed them
to pull low -risk offenders out of the main jail.
Caskey- Schreiber stated she met some of them when she was touring the
kennels. Some of the inmates were cleaning the pens. She asked if they get paid
for that. Jones stated those are the work release inmates that have been
employed by Mr. Rustand. They won't let Mr. Rustand use the inmates for
nothing. If Mr. Rustand wants, he can hire offenders, which he's done in the past
when an offender was in the work release program, gone out to work, and lost a
job. Before being transferred out to the jail, Mr. Rustand has hired the offenders
to work in the animal control facility.
Committee of the Whole, 9/24/2002, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Now, the jail is chronically overcrowding. She does not recall the last time
booking restrictions were lifted because the population had dropped low enough.
Three or four years ago, they would occasionally lift booking restrictions for 15 or
20 minutes, which was how long it took to get over the capacity again. Being on a
booking restrictions means that they don't take a lot of offenders, even though the
police officer may want to arrest the offender.
They have a changing inmate population. Part of it is because of the fact
that they are not taking in the low -risk offenders. Part of it is the nature of the
development in Whatcom County. They are seeing more serious offenders and
more violent offenders. The jail population has fundamentally changed over the
last five years.
Nelson stated that a person with problems tried to forge a prescription at his
pharmacy. The Bellingham Police told him to inform the person that the police
department is aware of the forgery and let the person go. He asked if this is part
of the problem. Jones stated it basically is. They've been very lucky. The local
police department understands that there is no room at the jail. The police
department is working with the jail to try and divert as many people from the jail
as they can. The folks that are brought into the jail cannot be left in the
community. Domestic violence arrests always go to the jail. The jail now will
receive folks arrested on domestic violence charges and felons. That's basically it.
They don't have room for misdemeanor offenders. If an officer feels that a person
has to be in jail, the sergeant will allow the officer to bring the person in. That
always has to be an option for the police officer, otherwise the officer is at peril.
Sandell stated there are convicted, sentenced offenders, but even they have
to line up and take a number to get in.
Jones stated they may be delayed up to six or nine months before they get
into jail.
Caskey- Schreiber asked about the Nooksack Tribe wanting to build a facility.
She asked if that is the clientele they want to address. Jones stated she doesn't
know a lot about that. The Law and Justice Council has talked about dealing with
those issues.
Roy stated she received information that they have people in jail who have
been caught driving with a suspended license. She asked if that is an automatic
jail sentence. Jones stated it is an automatic incarceration sentence because there
have been changes to the State law. Many of those folks go through the jail
alternatives programs. They've pulled a very large number of offenders out of the
jail and put them into the jail alternatives program for that reason. The Sheriff
Committee of the Whole, 9/24/2002, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
mentioned that the kind of offenders who end up in the jail alternative program
are the offenders who do not belong in the jail facility.
The jail has falling revenues and increasing expenses. There are some
serious physical plant issues. The jails use some creative approaches to maximize
the scarce resources. They've had to make do with little, and they want to be
responsible in handing the taxpayers' money.
There is an increase in use of jail alternatives to preserve beds in the main
jail.
Dewey Desler, Deputy Administrator, stated as the population of the jail
changes, and there are more felony offenders, the revenue from the cities falls.
The cities have to pay for their misdemeanor offenders that are in the jail. There
is an increasing proportion of inmates who the County is responsible for, and a
lower proportion of misdemeanor inmates.
Jones stated they've consistently seen overcrowding in the jail since 1988.
That degree changes with the booking restrictions and the compensatory tactics
they are taking in the jail. Another compensatory tactic is releasing people early.
On Friday afternoon or Monday morning, jail staff will take a stack of inmate files
to Judge Moynihan, who will authorize early releases for felons who have served at
least half of their jail time. These are folks who were sentenced to six months and
wind up doing three months because there isn't room in the jail, and the inmate is
a lower risk to the community. That makes some of the judges and prosecutors
u pset.
They can anticipate that the demand will grow at the same or greater rate in
the future. One of the things that drives this is the legislative changes that
happen in Olympia, which they have no control over.
Jones showed graphic representations of the jail populations. From 1988
on, they've consistently held more offenders than they are supposed to. The
average daily population is 240, which is 100 inmates more than what the facility
was designed for. They've been able to make accommodations so inmates rarely
have to sleep on the floor, although that happens occasionally. They've installed
bunk beds.
Along with the average daily population goes the number of people they
book annually. Those two figures are closely linked. If the average daily
population is high, the number of bookings falls because they apply tighter and
tighter restrictions.
Committee of the Whole, 9/24/2002, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
A standard progression analysis took a look at the growth rate for jail bed
days. By the time they hit 2004 they will be over capacity. The jail has a
maximum of 245 beds. In 2004, inmates are back to sleeping on the floor.
The biggest effect of overcrowding is the inability of law enforcement to get
people into jail. There are delays in the criminal justice system because there are
too many offenders for the amount of interview space. There are only three places
where lawyers can see their clients. If they are taking 55 to 60 people to court in
a day, there is no way all the attorneys can see all the clients.
They are seeing an increase in the number of inmate assaults and
disturbances in the jail. They used to get one or two fights per month. They are
now getting one or two fights per shift. That translates into three or more fights
per day. The seriousness of those fights have increased. A week and a half ago,
they sent an inmate to the hospital with a broken rib and broken tooth. Another
inmate went to the hospital with a broken jaw.
The biggest area of the jail with inmates is the second floor. It holds 128
offenders. She has one officer responsible for supervising those inmates. She has
great staff, but there is no way possible that the one person can maintain the level
of supervision needed, especially with the type of inmate they have now.
There are increased risks to staff, increased property damage to the jail, and
an increased risk of lawsuits due to lack of supervision.
The population more accurately resembles the population found in a prison
instead of an old- fashioned county jail. The more serious levels of offenders are
presenting some serious management challenges to the staff. They are also
holding kids in the jail, which they never used to do. Those are kids who are
remanded to the adult corrections and court system. They now have a 16 -year old
in jail. The youngest child they've held in custody was a 13 -year old who was sent
to prison when he was 14 Y2. They present special management problems. The
officers are geared to adult offenders. Kids in jail make an interesting situation.
Before 1997, the jail used to have more misdemeanors than felons. This
year, there is a huge increase in felons. The Prosecutor's Office filings are up 20 to
25 percent for felonies.
Crawford asked if there is any correlation of that to national trends. Jones
stated there is not necessarily. Many of the offenders are drug offenders. It may
be that they've stumbled across more offenders. The drug task force is always
busy. The City of Bellingham has emphasized cleaning up some areas of town.
Once the folks get in jail, it is difficult to get them out again.
Committee of the Whole, 9/24/2002, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Roy asked if they are getting more at the border due to the increased
security. Jones stated there is not a huge increase. They get a fair number of
fugitives and drug arrests compared to non - border counties.
Sandell stated that a fugitive picked up at the border becomes a state case
immediately. It's not a federal issue. The County takes those folks who can
languish in the jail. Although it's rare, they've held fugitives for over a year before
they are finally extradited.
Roy asked if they have a way of analyzing the information on the trend so
they can have an indication of why this is happening. Jones stated they are in the
process of doing that right now.
The revenues are increasing primarily due to their inability to hold
misdemeanor offenders. They are the ones who generate income for the County.
The felons don't generate income.
Nelson asked if the offenders in the jail alternative programs are
misdemeanor offenders. Jones stated they are. Those do generate revenue.
Nelson asked if those are included in the jail statistics. Jones stated they
are looking at the general, overall revenue. The largest revenue source for the jail
is the per diem expenditures, which is what the County charges other jurisdictions
to hold offenders. This year, the revenue generated from that revenue stream is
about $1.2 million.
Nelson asked if they get a per diem revenue if the offender is not in the jail.
Jones stated the County gets some, but it's not as high. The per diem for the jail
is $68 per day.
Sandell stated the per diem cost is the amount that it takes to run the jail,
divided by the total number of inmates.
Jones stated expenditures for basic stuff are going up. They are running the
facility 24 hours per day, seven days per week. Once they take someone off the
street, they have to make sure they provide all the basic services for every
offender who is there. Medical costs are a huge problem. This year, they will
spend an average of $112 per inmate per year for basic medical care. They have a
$700,000 budget for that item. They are only Medicaid eligible for the first few
days in custody.
Committee of the Whole, 9/24/2002, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
By 2007, they won't have room for misdemeanor offenders. The revenue
generated will drop from $1.2 million to $400,000.
In 1999, the County was notified that it is out of compliance with building
codes and fire and safety issues. The same year, they did a disaster drill. There
were strong indications that if there was a serious fire at the jail, they'd lose 150
inmates. They couldn't get them out of the facility. The price of each lawsuit per
inmate would be approximately $3 million.
Right now, the jail needs a new roof. The heating /ventilation /air
conditioning (HVAC) system needs to be reconfigured. They need a new control
booth and electrical system. They can no longer get parts for the one they've got.
Just before September 11, an entire panel failed. They worked on it for 37 hours.
It's fixed temporarily. They need to replace light switches, doors, smoke and fire
alarm systems.
The jail has been creative to maximize dollars. They've looked at privatizing
some services outside of the jail's core competency. The jail is meant to take care
of and manage inmates. It's not meant to provide medical care, food service, or
commissary. Those services have been privatized. For other things, they've
formed partnerships with people in the community for educational services, library
services, drug and alcohol treatment, mental health casework, work release,
equipment for electronic monitoring, religious services, and treatment services.
One of the biggest success stories is the jail alternatives program. It has
grown 890 percent in five years. They are diverting almost 83 percent of offenders
sentenced to jail into those programs. They are not diverting high -risk offenders
there. They pull 100 inmates per day from the jail to the jail alternatives. One of
the biggest programs is the inmate work crew program. The work crews
contribute about $500,000 annually in labor. They generate $240,000 in direct
revenue.
(Clerk's Note: End of tape one, side A.)
Jones continued to state that they save $560,000 per year in incarceration
costs. The total financial impact is a little over $1.3 million.
The other good thing about jail alternatives is that the recidivism rate is
much less, from 75 to 80 percent to 35 percent. The officers do screening and
evaluation for substance abuse issues, which is 90 percent of the offenders in the
jail.
Committee of the Whole, 9/24/2002, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
She estimates that future populations will grow. The inmate population is
becoming older and more ill because of lifestyle issues on the street, which
requires more basic health care. There will be a continued need for community
involvement and creative methods to manage offender populations.
They are going to need a new jail. The jail they have cannot be remodeled
any more. They are pulling almost all of the eligible offenders out of that jail and
diverting them to alternatives. The type of offender they are getting is becoming a
more serious and is staying for longer period of time. They are so consistently
over capacity, there would be a basis for a lawsuit right now. It's only because of
a lot of luck and hard work that they've been able to keep a lid on things to this
point.
Brenner asked about the cost of the staff person in the alcohol and drug
treatment program. Jones stated the Sheriff and Jail pays $20,000 to that
position. The Health and Human Services Department has found other funding
sources to help pay for that position. There isn't enough money in the other
funding sources to pay for the entire position.
Brenner asked if that is enough. She's been told by judges that most of the
people they see are drug abusers. It seems that if the County puts more money
into treatment, those people might not be in jail again. She asked if they are
doing enough. Jones stated they are probably not doing enough. However, it's
difficult because there is not enough physical space in the jail to expand those
programs. They might be able to divert them before jail at some point, but there
will be a core group of people who will need that treatment in a slightly coercive
environment in order to open their minds to it. When a new jail is developed, she
hoped there would be a lot of treatment space available to do more of that.
Brenner stated there is a group of people who are only a danger to
themselves. She asked the percentage of incarcerated people who are dangerous
drug abusers. Jones stated about 90 percent of the offenders are offenders who
abuse drugs or alcohol. Increasingly, they've been seeing a huge shift from minor
offenders that are not violent to others to dangerous offenders.
Crawford asked where the County is at with plans for a new jail. Desler
stated they want to keep jail functioning as efficiently as they can. They are
making efforts to do that. They have organized initial planning and architectural
work associated with site issues and financing issues.
Crawford stated they are doing a $300,000 study for facilities planning. He
asked how much of that is geared toward the jail. Desler stated about one -third is
geared toward the jail.
Committee of the Whole, 9/24/2002, Page 9
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Crawford asked if the jail could be expanded upward. Desler stated that is
an option they will look at.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at approximately 7:00 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on October 8_, 2002.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Committee of the Whole, 9/24/2002, Page 10