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Home My WebLink Aboutres2015-022WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 -047G CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: twh 05104115 05.12.15 Finance Originator: p E C E � V � D MAY 0 5 205 WHATCOM COUNTY Council Division Head: 6/9/2015 Dept. Head: Prosecutor: Purchasing/Budget: COUNCIL Executive: 0 1 TITLE OF DOCU NT: Resolution authorizing the County Executive to enter into a Jail Use Agreement with all of the cities of Whatcom County. ATTACHMENTS: Memo i Resolution Attachment `A' (Jail Facility Use Agreement) SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) ti i Executive Louws respectfully requests Council approval to enter into a Jail Facility Use Agreement with all of the cities that includes the commitment to establish Criminal Justice Diversion Task Force. COMMITTEE ACTION.• COUNCIL ACTION.• 5/12/2015: Discussed 6/9/2015: Approved 6 -1, Mann opposed, Res. 2015 -022 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res. 2015 -022 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us /council. SPONSORED BY: PROPOSED BY: Executive INTRODUCTION DATE: Resolution 2015- 022 RESOLUTION APPROVING THE JAIL FACILITY USE INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITIES OF BELLINGHAM, BLAINE, EVERSON, FERNDALE, LYNDEN, NOOKSACK, AND SUMAS AND INCLUDING A COMMITMENT TO ENHANCE MENTAL HEALTH AND SUBSTANCE ADDICTION PROGRAMS TO REDUCE JAIL POPULATION AND RECIDIVISM INCLUDING THE ESTABLISHMENT OF AN INCARCERATION PREVENTION AND REDUCTION TASK FORCE WHEREAS, this Jail Facility Use Agreement ( "Agreement ") is intended for agreement by and between Whatcom County ( "County"); the City of Bellingham ( "Bellingham "); the City of Blaine ( "Blaine "); the City of Everson ( "Everson "); the City of Ferndale ('Ferndale "); the City of Lynden ( "Lynden "); the City of Nooksack ( "Nooksack "); and the City of Sumas ( "Sumas ") pursuant to RCW Chapters 70.48 and 39.34, and upon agreement by all of the parties will be administered by the County Executive, or designee, pursuant to RCW 39.34; and WHEREAS, contingent upon approval of the Jail Facility Use Agreement by all of the parties, and approval by the voters of the ballot measure for .2% sales and use tax, the County intends to build, own and operate a new jail facility located on LaBounty Road in Ferndale consisting initially of approximately 521 beds in phase 1, with an additional 128 available in phase 2, along with demolition of the existing jail at Prospect Street, and the construction of holding space and a sally port for inmate transfer at the Whatcom County Courthouse (hereinafter, the "New Jail'), to service the needs of the community for the foreseeable future; and WHEREAS, the parties agree that the community and its taxpayers are best served by a cooperative, collective approach to public infrastructure, including the New Jail, through joint planning and financing, to maximize efficiency and promote economies of scale, and the Whatcom County Council finds that the existing jail cannot meet the demand of the combined volume of City and County inmates; and WHEREAS, the parties to the Agreement are willing to make a long -term commitment and provide financial concessions in order to obtain access to the existing and New Jail. Subject to the terms and conditions herein, the County agrees to make the existing jail and New Jail and jail - related programs available for City inmates; and WHEREAS, a separate Resolution will authorize the placement of a proposition before Whatcom County voters that, if passed, would provide additional sales and use tax at the rate of 0.2% (two - tenths of one percent) to be used for the financing, construction, equipping, maintenance, repairing and operation of jail facilities that house inmates being held, charged, or convicted of misdemeanor and felony acts, and for adult corrections programs including medical and behavioral health facilities and programs, all pursuant to RCW 82.14.450, and for other legal purposes; and WHEREAS, following repayment of the Bonds, or no longer than 30 years following their initial issuance, the provisions in this agreement regarding distribution of sales tax proceeds from the cities to the County shall no longer have any effect and imposition of half of the .2% sales tax will end. At that time, the Cities collectively shall be entitled by law to retain 40% of the .1% of Sales Tax Revenue that remains in effect; and WHEREAS, as part of the existing jail, the County owns and operates an interim adult correctional facility and behavioral health triage center on Division Street in Bellingham, which property the County may sell or transfer when the new jail is completed and operational. If sold or transferred, the resulting value and proceeds from this transaction will be applied by the County to facilities and programs that support the goals of treating adults with behavioral health problems. Further, the goals of these programs are to reduce incarceration rates of people with behavioral health problems; and WHEREAS, the County currently provides behavioral health programs funded through the Behavioral Health Tax that include jail behavioral health services, jail psychiatric medical care, juvenile court detention behavioral health services, district court probation specialized behavioral health unit, drug, family treatment and mental health courts, specialized training for law enforcement crisis intervention team, triage center, supportive housing programs, opiate addiction outreach services, community mental health and substance use treatment, intensive case management programs, school intervention programs, approximating $4.1 million per year in expense, and has earmarked $3 million in Behavioral Health Tax revenue reserves for the expansion and /or relocation of a triage center to serve our community; and WHEREAS, these programs supported with these funds shall be designed to achieve the following policy goals: 1) a reduction of the number of mentally ill and chemically dependent using costly interventions like jail, emergency rooms, and hospitals; 2) a reduction of the number of people who recycle through the jail, returning repeatedly as a result of their mental illness or chemical dependency; 3) a reduction of the incidence and severity of chemical dependency and mental and emotional disorders in youth and adults; and 4) diversion of mentally ill and chemically dependent youth and adults from initial or further justice system involvement; and WHEREAS, the County and the cities have a need now and into the future to modify and augment programs related to behavioral health issues and share the commitment to reduce jail populations and reduce recidivism through jail alternative programs; and WHEREAS, the County and the cities, including all law enforcement and health treatment providers employed by our jurisdictions, agree to work together to augment behavioral health and substance abuse programs that will lead to a reduction in jail populations and reduce recidivism, in parallel with the construction of the new countywide jail facility; and NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council will by Ordinance establish an Incarceration Prevention and Reduction Task Force, to which shall be appointed citizens and officials, charged with providing the County Council and County Executive with recommendations and advice on the construction and operation of a new or expanded multi- purpose crisis triage facility, to be planned and developed in parallel with the construction of the new countywide jail facility and intended to reduce long -term jail populations and reduce recidivism, by providing safe and effective care for medical, mental health and substance abuse services; and BE IT FURTHER RESOLVED that the Whatcom County Council authorizes the County Executive to enter into a jail facility use agreement with the cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas for the purposes of construction and long -term operation of the Whatcom County countywide jail facility. APPROVED this 9th day of June ��,��1114if11111A {{{ COO 'i ATTEyS'1 r • ■ w Dana Clerk of Counc 7° • • ,,``� APPROVED AS TO FORM: Civil Deputy Prosecutor 2015 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair